HomeMy WebLinkAboutResolution - 2015-R0379 - Settlement Agreement And Release Of All Claims - Natisha Young - 11/19/2015No. 2015-RO379
!tuber 19, 2015
No. 6.6
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Settlement Agreement and Release of
all Claims in Cause No. 2014-511,607, 237`h District Court of Lubbock County, Texas,
styled Natisha Young, Individually and as Next Friend of Akeelah Lockett, a Minor Child
v. City of Lubbock, d/b/a Lubbock Power and Light and Cameron Communities, LLC,
d/b/a Falcon Cove Townhomes v. Cheryl Young, Ronnie Byrd and Daphne Johnson, and
related documents. Said Settlement Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on November 19, 2015
GLEDeC.'RbUtrTSON, MAYOR
ATTEST:
'0 eada'd , - X
Rebe ca Garza, City Secretary kJ
APPROVED AS TO CONTENT:
Leisa Hutcheson, Director of Human Resources and
Risk Management
APPROVED AS TO FORM:
Je arts 11, Assistant City Attorney
vw:ccdocs/RES.Settlement Agmu-Natasha Young
November 10, 2015
CAUSE NO. 2014-511, 607
NATISHA YOUNG, Individually and as
Next Friend of AKEELAH LOCKETT, a
Minor Child
V.
CITY OF LUBBOCK d/b/a LUBBOCK
POWER AND LIGHT and CAMERON
COMMUNITIES, LLC d/b/a FALCON COVE
TOWNHOMES
V.
CIIERY L YOUNG. RONN IE BYRD, and
DAPHNE JOI-INSON
IN THE 237T" DISTRICT COURT
OF
LUBBOCK COUNTY, TEXAS
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS SETTLEMENT AGREEMENT AND RELrASE OF ALL L'.LATMS ("Settlement
Agreement") is entered into by and between the Defendant and Third -Piny Plaintiff CITY OF
LUBBOCK d/b/a LUBBOCK POWER AND LIGHT ("LOI &L"), Defendant and Third -Party
Defendant RONNIE BYRD ("Byrd") and NATISHA YOUNG, 7.ndividually and as Next Friend
of AKEELAH LOCKETT, a Minor Child ("Plaintiff').
WITNESSETH:
WHEREAS, on or about June 5, 2013, the minor child, Akeelah Lockett, climbed into a
padmount transformer box, owned by LP&L, lowed at the Falcon Cove Townhomes at 6519
Temple Avenue, Lubbock, Texas, and sustained electrical injuries ("Activities").
WHEREAS, Plaintiff alleges that LP&L and Byrd were negligent and bear responsibility
for the damages; and
WHEREAS, Plaintiff instituted an actio: styled CAUSE NO. 2014-511, 607; NT 7TSHA
YOLINI G, Individually and as Next Friend of AKEELAH LOCKETT, a Minor Child v. CITY OF
LUBBOCK d/b/a LUBBOCK POWER AND LIGHT and CAMERON COMMUNITIES! LLC
d/b/a FALCON COVE TOWNHOMES v. CHERYL YOUNG, RONNIE BYRD, and DAPHNE
JOHNSON; In the 237h District Court of Lubbock County, Texas ("the Claim"); and
WHEREAS, LP&7 and Byrd deny any liability �o Plaintiff for any claim or cause of
action, but are willing to settle all claims to avoid the inconvenience, distractions, uncertainties
and expenses attendant to litigation and trial, in exchange for the consideration and releases set
forth below.
I. IN CONSIDERATION of the payment by LP&L and/or its carrier One Beacon
Government Risks to and or for the benefit of the Plaintiff, cash of One '_I�ii'li:.111 Ten
Thousand and No/100 Dollars ($1,010,000.00) and periodic payments ; xith a present
value of Four Hundred Sixty -Five Thousand and Noll `t;? Dollers (5465,000.00) as fully
describer_" n Section 4, Plaintiff does hereto outer into this Settlement Agreement and
Release of all Claims and does hereby release, acquit, and forever discharge LP&L, the
City of Lubbock, their respective predecessors, successors, assigns, owners, Electric
Utility Board, City Council, partners, members, managers, employees, directors, legal
representatives, insurers, independent contractors, agents and attorneys, of and from any
and all liability, claims, demands, damages, attorneys' fees, costs, liens, including but not
limited to any hospital, medical, insurance, Medicare or Medicaid liens, workers
compensation, whether statutorily provided or otherwise, expenses, services, actions,
causes of action, or suit in equity, of whatsoever kind or nature. whether heretofore or
hereafter accruing, which Plaintiff now has or may hereafter have, whether known or
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unknown, arising out of tha Activities, admitted or suffered as of or related to. the Claim
or Activities.
2. IN CONSIDERATION of the payment by Byrd and/or his carrier Nautilus
Insurance Company to and or for the benefit of tie Pleintiff, in the sum of One Hundred
Five Thousand Dollars and No/100 (5105,O00.00), Plaintiff does hereto enter into this
Settlement Agreement and Release of ail C.'.aims and does hereby release, acquit, and
forever discharge Byrd, his rospective -pred�:cessors, successors, assigns, owners,
partners, members, managers, mran_oyees, directors, legal representatives, insurers,
independent contractors, agents and attorneys, of and from any and all liability, claims,
demands, damages, attorneys' fees, costs, liens, .including but not li_mitu-i to any hospital,
medical, insurance, Medicare or Medicaid liens, workers compensation, whether
statutorily provi�'&, otherwise, expenses, services, actions, causes of action, or suit in
equity, of whatsoever kind or nature, whether heretofore or hereafter accruing, which
Plaintiff now has or may hereafter have, whether known or unknown, arising out of the
Activities. admitted or suffered as of or related to, the Claim or Activities.
3. IN CONSIDERATION of the pavili nits ;•:y L P&L and Byrd identified in
Paragraphs 1. 2 and 4 to and or for the benefit of the Plaintiff, LP&L and Byrd hereby
release, acquit, and forever discharge the other Defendants, and Third -Party Defendants„
their respective predecessors, successors; assigns, owners, Electric utility Board, City
Council, partners, members, managers, employees, directors, legal representatives,
insurers, independent contractors, ageitts and attorneys, of and from any and all liability,
claims, demands, damages, attorneys' fees, costs, whether statutorily provided or
otherwise, expenses, services, actions, causes of action, or suit in equity, of whatsoever
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kind or nature, whether heretofore or hereafter accruing, which they now have or may
hereafter have, whether known or unknown, admitted or suffered, or related to, the CIaim
or Activities.
4. Such settlement fund with a cash present value of One Million One Hundred
Fifteen Thousand and No/100 Dollars ($1,115.000.00) and periodic payments with a
present value of Four Hundred Sixty -Five Thousand and Noi'l 00 Dollars ($465,000.00) is
paid as follows:
Draft Payments
$932,092.26 to Waus Gu erra LLP, for fees, expenses, medical liens, and in trust
for Lockett/Young Plaintiffs.
$182,907.74 payable to "The Akeelah Lockett 142 Trust'' and forwarded directly
to Continental Trust Services, L C, 1I1 Devonshire Street, Suite 741, Boston, MA
02! 09.
Periodic Payments
I7or the berefir of Natisha Young, periodic payments payable by Assignee, Pacific
Life & Annuity Services, Inc. shall be directed to The Akeelah a.ockcrt 142 Trost for as
long as the trust exists through 01/15/2031, whereby periodic payments thereafter will be
paid directly to Natisha Young until all guaranteed payments are satisfied. Full payments
are according to the schedule as follows (the "periodic payments"):
$401.56 payable monthly for fifteen (15) years and eleven (11) months
guaranteed. Benefits commence 01/15/2016, with the last guaranteed payment on
11/15/2031.
For the benefit of Akeelah Ka'Mari Lockett, periodic Payments payable by
Assignee, BHG Structured Settlements, Inc. shall be directed The Akeelah Lockett 142
Trust according to the schedule as follows (the "periodic payments"):
55,000.00 payable annually for seventeen (i7) years guaranteed. Benefits
commence 01/1012016, with the last guaranteed benefit paid on 02/10/2032.
$20,000.00 guaranteed lump sum paid on 0211012021.
$5,000.00 ?payable semi-annually for two (2) years guaranteed. Benefits
commence 07101/2026, with the last guaranteed benefit paid on 01/01!2028.
$20,000.00 guaranteed lump sum paid on 02/1012027.
$10,000.00 payable semi-annually for two (2) years guaranteed. ,Benefits
commence 07/0112028, with the last guaranteed benefit paid on 01/01/2030.
For the benefit of Akeelah Ka'Mari Lockett, periodic payments payable by
Assignee, BHG Structured Settlements, Inc. shall be directed Akeelah ICa'Mari
Lockett according to the schedule as follows (the "periodic payments"):
$1,950.00 payable monthly for t vepty-five (25) years guaranteed and Life.
Benefits commence 02/10/2033, with the last guaranteed benefit paid on
01/10/2058.
All sums paid pursuant to this Sct�lcmcrt Agreement and Release of all Claims
constitute damages (other than punitive damages), whether by suit or agreement, or
compensation under workers' compensation act, are on account of personal injuries or
sickness involving physical injury or physical sickness, a,hthm, the meaning of Section
104(a)(2) of the Internal Revenue.
Beneficiary Designation
Should Natisha Young predecease any guaranteed periodic payments as fully
described in Section 4, any remaining guaranteed periodic payments shall be made
payable to such person or entity as shall be designated in writing by Natisha Young.
Should Akeelah Ka'Mari Lockett predecease any guaranteed periodic pf;ylnerats
as fully described in Section 4, any remaining guaranteed periodic payments shall bo
made payable to such person or entity as shall be designated in writing by Akeelah
Ka'Mari Lockett upon reaching the age of majority to the Annuity Issuer or the Assignee.
In the event no person or entity is so designated by Natisha Young or Akeelah
Ka'N'l ari Lockett. or if the designated person or entity should predecease Natisha Young
or Akeelah Kit"\tan o6 cf` `: -•m aiiujig gnaranteed pay.nents will be made payable to
the Estate of Natisha Young or to the Estate of Akeelah Ka'Mari Lockett in accordance
with laws of the state in which Natisha Young and or Akeelah Ka'Mari Lockett last
resides.
With the exception of designated beneficiary by Natisha Young and or Akeelah
Ka'Mari Lockett, the Annuity Issuers or Assigr_ees shall not make any payments until
receiving proper documentation, court order or probate papers from the administrator of
the estate which provides the determination of Estate, Heirship, declaration of Heirship,
declaratory Judgment or other appropriate finding as to who are the proper beneficiary(s)
entitled to receive payments from the annuity contract.
No changes to the designation of h;ncFiciary, or any revocation thereof, shall be
effective unless it is in writing and delivered to the Annuity Issuers or the Assignees.
The designation must be in a form acc,:ptable to the Annuity Issuers or the Assignees
before such payments are made.
Plaintiffs and Payee Right to Payments
The plaintiffs and payees acknowledge and agree that neither the periodic
payments not- any rights thereto or interest therein (collectively, "Payment Rights") can
be:
(a) accelerated, deferred, i;icreased or decronsed by any of the respective
plaintiffs and payees;
(b) sold, mortgaged, assigned, pledged, hypothc«<tcd or otherwise transferred or
encumbered, either directly or indirectly, by the plaintiffs and payees unless
such sale, assignment, pledge, hypothecation or other transfer or encumbrance
(any such transaction being hereinafter referred to as a "Transfer") has been
reviewed and approved in advance by a "qualified order" as outlined in
Section 5891(b)(2) of the Internal Revenue Code of 1086, as amended (a
"Qualified Order"), and otherwise complies with applicable state law,
including without limitation any and all applicable state structured settlement
protection statues.
The plaintiffs and payees shall not have esu power to affect a Transfer of Payment
Rights except as provided in subparagraph (b), sbovc, wd any other purported Transfzr of
Payment Rights shall be wholly void.
Consent to Qualified Assignment
The plaintiffs and payees acknowledge and agree that defendant and/or their
insurer may make a "qualified assignment", within the meaning of Section 130(c) of the
Internal Revenue Code of 1986, as amended, of the defendant liability to make the
periodic payments as set forth in Section 4 to the assignee, The assignee's obligation for
the payment of the periodic payments shall be no greater than that of the defendant and/or
their insurer (whether by judgment or agreement) immediately preceding the assignment
of the periodic payment obligation.
Any such assignment, if made, shall be accepted by the plaintiff's and payees
without right of rejection and shall completely release and discharge the defendant and/or
their insurer from the periodic payments obligation assigned to the assignee. The
plaintiffs and payees recognize that, in the event of such an assignment, the assignee shall
be the sole obligor with respect to their periodic payment obligation, and that all other
releases thereupon become final, irrevocable and absolute.
Right to Purchase an Annuity
The defendant and/or their insurer, itself, or through its assignee, reserve the right
to fund the liability to make the periodic payments through the purchase of an annuity
policy from the annuity issuer, Pacific Life Insurance Company and Berkshire Hathaway
Life Insurance Company of Nebraska . The assignees shall be the sole owners of the
respective annuity policy and shall have all rights of ownership. The defendant and/or
their insurer or the assignee may have the annuity issuers mail payments directly to the
payee as instructed in the annuity application. The plaintiffs and payees and or their
trustee shall be responsible for maintaining a current mailing address for any payee with
the annuity issuers.
Discharge of Obligation
The obligation of the defendant and/or their insurer, itself, or through its assignees
to make each periodic payment shall be discharged upon the mailing of a valid check or
direct deposit in the amount of such payments to the designated address of the payees
named in this Settlement Agreement and Release of all Claims and Release.
S. Plaintiff hereby c a to pay any ouLstati(ling liens, claims or rights of
subrogation that may now or hereafter exist arising out of or relating to this occurrence.
Plaintiff specifically represents any and all Medicaid. 'Vledicere, Social Security and
Social Security Disability liens, claims or rights of subrogation will be satisfied out of the
settlement proceeds.
6. This Settlement Agreement and Release of all Claims includes any transaction,
occurrence, matter or thing whatsoever, whether known or unknown, arising or occurring
due to this incident including, licit not li-mited to, all claims, demands, causes of actions of
any nature, whether in contract or in tort, or arising out of under or by virtue of any
statute or regulation, that are recognized by law or that may be created or recognized in
the future by any manner. including, without limitation, by statute, regulation., or judicial
decision, for past, present and future damage or loss, or remedies of any kind that are
now recognized by law or that may be created or recognized in the future by any manner,
and including but not limited to the following. all actual damages, all exemplary and
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punitive damages, all penalties of any kind or statutory damages. Plaintiff hereby
declares that she fully understands the terms of this Settlement Agreement and Release of
all Claims and voluntarily accepts the above stated sum for the purpose of making hall
and final settlement of any and all the injuries, claniqpes. expenses, and inconvenience
above mentioned.
7. Thi: Settlern;:.^t Agreement and Release of all Claims may be pled as a Rill and
complete defense to any action, suit, or other proceeding, which may be instituted,
prosecuted or attempted for, upon, or in respect of any of the claims released hereby. The
Plairitiff agrees that any such proceeding \,,oulek cause iiTeparable injury to the party
against whom it is brought and that any court of competent jurisdiction may enter an
injunction restraining prosecution thereof.
8. The Plaintiff agrees that the damages suffered by LP&L, Byrd and persons, firms,
corporations, or other entities protected by this Settlement Agreement wid Release of all
Claims by reason of any breach of any provision of this Settlement Agreement and
Release of all Claims shall include not only the amount of R nv jndgirlent dlat may be
rendered against said LP&L. Byrd, persons, fines, corporations, or other entities, or any
of them, by reason of a breach of this Settlement Agreement and Release of all Ciaims,
but shall also include all damages suffered by them, including the Lost of attorneys' fees
and other costs and expenses of instituting, preparing, prosecuting, defending any action
or suit resulting from a breach of this Settlei-vert Agreement and Release of all Claims,
whether taxable or otherwise, and costs to them of attorneys' fes and all other costs and
expenses of instituting, preparing, or prosecuting any counterclaim, suit, motion, or
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action or action to recover damages resulting from the breach of this Settlement
Agreement and Release cf al] Claims, whether taxable or othenvise.
9. PIaintiff hereby represents and warrants that she, and she alone, owns the claimed
rights, interests, demands, actions, or causes of action, obligations, or any other matter
covered by this Settlement Agreement algid Release of all Claims (the "Claimed Rights"),
and she has not transferred, conveyed, pledged, assigned or made any other disposition of
the Claimed Rights. Plaintiff agrees to INDEMNIFY AND HOLD HARMLESS
LP&L, Byrd, their respective predecessors, successors, assigns, owners, Electric
Utility Board, 0-,; Council, partners, members, managers, employees, directors,
legal representatives, insurers, independent contractors, agents and attorneys from
and against any and all claims, demands or causes of action and the reasonable and
necessary costs, including attorneys' fees, incurred in the defense of any such claim
that any person who claims an ownership, including any liens whether statutory or
otherwise, in the claimed rights, interests, demands, actions, or causes of action,
obligations, or any other matter covered by this Settlement Agreement and Release of
all Uaims.
10. The terms of this Settlement Agreement and Release of all Claims shall inure to
the benefit of, and be binding upon, the parties to this `settlement Agreement and Release
of all Claims and their heirs, legal representatives, successors or assigns.
11. All signatories to this Settlement Agreement and Release of all Claims hereby
warrant that they have the authority to ax:,cute this Settlement Agreement and Release of
all Claims and bind the respective parties.
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12. This Settlement Agreement and Release of all Claims states the entire agreement
of the parties with respect to the matters discussed herein, and supersedes all prior or
contemporaneous oral or written understandings, agreements, statements or promises.
t3. This Settlement Agreement and Release of all Claims may not be amended or
modified in any rc pw except by a writier. instrument duly executed by all the parties to
this Settlement Agreement and Release of all Claims.
14. If this Settlement Agreement and Relcase of all Claims does not become effective
for any reason, it shall be deemed negotiations for settlement purposes only and will not
be admissible in evidence or usable for any purposes whatsoever.
15. This Settlement Agreement and Release of all Claims has been and shall be
construed to have been drafted by all parties to it so that the rule of construing
ambiguities against the drafter shall have no force or effect.
16. If any portion or tern of this Settlement Agreement and Release of all Claims is
held unenforceable by a court of competent jurisdiction, the remainder of this Settlement
Agreement and Release of all Claims shall not be affected and shell remain fully in force
and enforceable.
17. Each party has consulted with v.-kuuiever consuttants, attorneys or other advisors
each deems appropriate concerning the effect of this Settlement Agreement and Release
of all Claims and Plaintiff assumes the risk arising from not seeking further or additional
consultation with such advisors.
18. Each party assumes the risk of any mistake of fact or law with regard to any
aspect of this Settlement Agreement and Release of all Claims, the dispute described
10
herein, or any asserted rights. released by this Settlement Agreement and Release of all
Claims.
19. Plaintiff, by entering in this Settlement Agreement and Release of all Claims,
acknowledges that this settlement is a compromise of a disputed claim as to tate liability
of LP&L and Byrd for the Plaintiff's injuries and damages, if any, and the payment made
herein is not to be construed as an admission of liability on the mart of LP&L or Byrd. It
is understood that the existence of any liability or wrongdoing has been, and continues to
be, expressly denied by LP&L and Byrd.
24. All parties to this Settlement Agreement and Release of all Claims acknowledge
and agree f-ut, th%n! have obtained legal representation and advice. as they have deemed
appropriate in entering into this Settlement Agreement and Release of all Claims.
21. Each party further states flint this Settlement Agreement and Release of all
Claims, including the foregoing rclease, has been carefully read and each party
understands the contents thereof and has signed the same as their own respectiv- #Tec act
Lind has not been influenced in making this settlement by any representative of a party or
parties released.
22. It is further understood that the provisions of this Settlement Agreement and
Release of all Claims are contractual and not mere recitals and that thti laws of the State
of 1'exas shall govern this Settlement Agreement and Release of all Claims.
23. IT IS SPECIFICALLY TJNDERSTOOD AND AGR MD that there is no
reservation of any bind or cause of action intended, arising out of the incident made the
basis of this suit.
Ill
24. The parties intend for this Settlement Agreement and Release of all Claims to
forever end all controversies, claims and issues between thein that arise out of the
accident in question, and any interpretation of this Settlement Agreement and Release of
all Claims is to be consistent with this clearly stated mutual intent.
25. This Settlement Agreement and Release of all Claims is made according to the
laws of the State of Texas. Plaintiff expressly agrees that this agreement is governed by,
and will be construed and enforced in accordance with Texas law, and that proper venue
for any dispute arising out of this agreement shall be in Lubbock County, Texas.
26. Plaintiff agrca., that this release also encompasses any and all past and future
medical claims on her behalf or on behalf of Akwe[an r,ockett, whether known or
unknown at this time.
I, THE UNDERSIGNED, NATISHA YOUNG agree that the suing of this
Settlement Agreement and Release of all Claims hereby waives my right to a jury trial in
this matter as against the released parties.
I, THE UNDERSIGNED, NATISHA YOUNG hereby represent that I believe this
Settlement Agreement and Release of all Claims is in the best interest of Akeelah
Lockett.
1, THE UNDERSIGNED, NATISHA YOUNG hereby waive my right to revoke
my consent to this Settlement Agreement and Release of all Claims and understand that
LP&L and Byrd ere relying on that promise; and a portion of: said compensation herein is
being paid with the understanding that I. Natisha Young, will not revoke any consent to
this Settlement Agreement and Release of all Claims.
12
IT IS AGREED in the above -styled and numbered cause that an Agreed Final
.iudgarment will be entered, that LP&L and Byrd and their carriers will be held harmless
and indemnified as to any other damages, on account of the above-described incident,
and court costs shall be paid by the party incurring the same.
VAA �A h g L--'�o L,�,,
Natisha Young, Individually Ad as Next Frierp of
Akeelah Lockett
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared Natisha Young, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged m me that she executed the same for the purposes
and consideration therein expressed.
GIVEN UIJDER MY HAND AND SEAL OF O7 `'TC77, this the day
of \Nesl I AMJA 'd 15. u
Notary Pudic, State of Texas
MARGARET L.SLATON
Notary Public, Slate of Tom
My Comms w Expires 117.142019
100M.6
6649 .6
13
Glenrw
rts yor
City of ub ock
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, a Notary.Public ir., ana for said County and State, on this day
personally appeared G.ien C. Robertson, Mayor, City of Lubbock, known to me to be the person
whose game is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the puzposes and consideration therein expressed. _G UNDER MY HAND AND S;F.AL OF OFFICE, this the JW day
of
pro ODER 0,'�.,,
_ :0 an: � a Pu lic, State o Tex
9 0
06-2$-2p
........... ►►►►
14
(;] a—A�
David McCalla, In his Capacity as Director of
Electric Utilities -for Lubbock Power and light
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared David McCalla, in his capacity as Director of Electric Utilities for Lubbock
Power and Light, known to me to be the person whosc name is subscribed to the foregoing
instrument, and ackrowledgod to me that he executed the sarne for the purposes and
consideration therein exr)ressed.
GIVwEN, UNDER MY HAND AND SEAl. OF OFFICE_ this the _ ! 9+41 _day
of -il_---- —d-- 2015.
=*�Od. M DENISE RERM
.• € MY COMMISSION EXPIRES ,. n
• • Sep%MW 15, 2016
Notary Public, State of Texas
15
THE STATE OF TI-XAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day
personally appeared Ronnie Byrd, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he :,xecntcd the same for the purposes and
consideration therein exniessed.
GIVEN UNDER MY HA I) AND SEAL OF OFFICE, this the h day
of , 2015.
�-�,Qjj \4�
Notary Pub , State of 7relx--as
MARGARET L. SLATON
NobryPubk, Slab o1Tauri
My Cann** *14,019
ro 1884 -6
16
APPROVED AS TO, FORM AND CONTENT:
WATTS GUERRA LLP
4 Dominion Drive
Building 3 -Suite 100
San Atitoni.o, Texas 78757
Telephone: 210.447.0500
Fac' t e 10.447.05 1
A. By:
Sh 'm Wallis
SBN. 4033191
Francisco Guerra, IV
SBN: 00796684
And
THE STACE WILLIAMS LAW FIRM
1209 Broadway
Lubbock, Texas 79401
Telephone: 806.744.0000
Facsimile: 806.743.33
By: --
Stace Williams Al
SBN: 00785259
ATTORNEYS FOR PLAINTIFFS
J. T. Kelley, Attorney at Law
3823 84th St
Lubbock. TY 79423-19 1
Telephone: 806.7$ 4� /
Facsimile: 8�$
By
J. T. ellen
11203010
GUARDIAN AD LITEM FOR AKEELAH LOCKETT, A MINOR
17
APPROVED AS TO FORM:
THOMPSON & KERBY
A Professional Corporation
P.O. Box 65150
Lubbock, Texas 79464-15 10
Telenlwnc. 906.793.7 600
Facsimile: 506.793.688 2
Catnie tirade
SBI: 24054580
ATTORNEYS FOR DEFENDANT CITY OF LUBBOCK D/B/A LUBBOCK POWER AND
LIGHT
COURTNEY, COUNTISS, BRIAN & .BAILEY, LLP
1700 Chase Tower (zip -79101)
P.O. Box 9238
Amarillo, Texas 79105
Telephone: 06.372.5569
Facsimile 06.3 2.9F4-
Russell
.9 61Russell Bailey
SBN: 01536500
ATTORNEYS FOR THIRD -PARTY DEFENDANT RONNIE BYRD
is
Filed 11/20/2015 9:50:00 AM
Barbara Sucsy
District Clerk
Lubbock County, Texas
R
CAUSE NO. 2014-511,607
NATISHA YOUNG, Individually and as §
Next Friend of AKEELAH LOCKETT, a §
Minor Child §
V. §
CITY OF LUBBOCK d/b/a LUBBOCK §
POWER AND LIGHT and CAMERON §
COMMUNITIES, LLC d/b/a FALCON COVE §
TOWNHOMES §
V. §
CHERYL YOUNG, RONNIE BYRD, and §
DAPHNEJOHNSON §
IN THE 237TH DISTRICT COURT
OF
LUBBOCK COUNTY, TEXAS
JUDGMENT
On this the r 013 day of iJA.D., 2015, at a regular term of this Court,
came on to be heard by the Court the above styled and numbered cause, Plaintiff, Natisha
Young, Individually and as Next Friend of Akeelah Lockett, a minor, and said Minor by and
through J. T. Kelley, duly appointed Guardian Ad Litem, and came City of Lubbock d/b/a
Lubbock Power and Light, Defendant, by and through its attorney of record, and came Ronnie
Byrd, Third -Party Defendant, by and through his attorney of record.
All parties appeared and they announced that they had settled the case, subject to the
court's approval of the settlement of the minor Plaintiff, Akeelah Lockett's claim. Under the
terms of the Settlement Agreement and Release of all Claims, Defendants are to pay the
Plaintiffs the consideration shown thereon, inclusive of the periodic payments to be directed to
the trust, as fully described in the Settlement Agreement and Release of all Claims. That
consideration, inclusive of the periodic payments as fully described in the Settlement Agreement
and Release of all Claims would fully settle all claims, demands, and causes of action against
Defendants that have been or could have been brought in this case, including all claims for
injuries and damages received by Plaintiffs because of the incident in question, as defined more
particularly in Plaintiffs' pleadings which are incorporated herein by reference and in the
Settlement Agreement and Release of all Claims. The Court being familiar with the contents of
such Settlement Agreement and Release of all Claims and having heard the evidence in support
of same is of the opinion that said Settlement Agreement and Release of all Claims is in all
things fair and just, and it being determined that said minor, Akeelah Lockett, has no legal
guardian;
And it further appearing that the Guardian Ad Litem for Akeelah Lockett, a minor, was
duly appointed prior to this hearing and has had sufficient time to make a full and complete
investigation of the case and the facts involved; and said Guardian Ad Litem having
recommended to the Court that, in his opinion, said Settlement Agreement and Release of all
Claims is in all things fair and just, and in the best interest of Akeelah Lockett, a minor, the
Court does herewith find that the Settlement Agreement and Release of all Claims in question, is
hereby approved, and is in the best interest of the Minor, and the Court does herewith enter the
following order:
IT IS ORDERED, ADJUDGED AND DECREED that the minor Plaintiff, Akeelah
Lockett recover herein the sums, inclusive of the periodic payments directed to the trust as
described in the Settlement Agreement and Release of all Claims.
2
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that this
judgment is fully and finally satisfied and discharged as to the Defendants.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the funds be
apportioned as set out in the referenced Settlement Agreement and Release of all Claims.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all costs incurred
herein are hereby taxed against the party incurring the same. Payment of the guardian ad litem
is addressed by separate order.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that all relief
not specifically herein granted is hereby denied.
SIGNED this the tom— day of A.D., 2015.
r
pit) 0108 1=1 11TIZI
3
APPROVED AS TO FORM AND CONTENT:
WATTS GUERRA LLP
4 Dominion Drive
Building 3—Suite 100
San Antonio, Texas 78257
Telephone: 210-447-0500
SBNL24D33191
Francisco Guerra, W
SBN: 00796684
And
THE STACE WILLIAMS LAW FIRM
1209 Broadway
Lubbock, Texas 79401
Telephone: 806-744-0000
Facsimile: 806-76
By:
Stace Williams
SBN: 00785259
ATTORNEYS FOR PLAINTIFFS
J. T. Kelley, Attorney at Law
3823 84th St
Lubbock, TX 79423-1911
Telephone: (806) 783-0544
Facsimile: (806)A3(0276
0
J. T.
11203010
GUARDIAN AD LITEM FOR AKEELAH LOCKETT, A MINOR
4
APPROVED AS TO FORM:
THOMPSON & KERBY
A Professional Corporation
P.O. Box 65150
Lubbock, Texas 79464-1510
Telephone: (806) 793-7600
Facsimile: (806) 793-6882
By: lfV
Carrie Wade
SBN:24054580
ATTORNEYS FOR DEFENDANT CITY OF LUBBOCK D/B/A LUBBOCK POWER AND
LIGHT
COURTNEY, COUNTIES, BRIAN & BAILEY, LLP
1700 Chase Tower (zip -79101)
P.O. Box 9238
Amarillo, Texas 79105
Telephone: 806-372-5569
Facsimi 806-372-9761
By:
Russell Baile
SBN: 01536500
ATTORNEYS FOR THIRD -PARTY DEFENDANT RONNIE BYRD
CAUSE NO. 2014-511,607
Filed 11/20/2015 9:40:00 AM
Barbara Sucsy
District Clerk
Lubbock County, Texas
NATISHA YOUNG, Individually and as § IN THE 237T" DISTRICT COURT
Next Friend of AKEELAH LOCKETT, a §
Minor Child §
V. §
CITY OF LUBBOCK d/b/a LUBBOCK §
POWER AND LIGHT and CAMERON § OF
COMMUNITIES, LLC d/b/a FALCON COVE §
TOWNHOMES §
V. §
CHERYL YOUNG, RONNIE BYRD, and §
DAPHNE JOHNSON § LUBBOCK COUNTY, TEXAS
ORDER FOR GUARDIAN AD LITEM FEE
ON THIS, the
�% day of—�/��'Ur-cuj , A.D., 2015, came on to be heard by the
Court the above styled and numbered cause, and it appearing to the Court that minor Plaintiff had
no legal guardian and that J.T. Kelley, a member of the Lubbock County Bar in good standing, has
been appointed as Guardian Ad Litem to represent the minor Plaintiff.
IT IS ORDERED, ADJUDGED AND DECREED, that the fee for the said Guardian Ad
Litem is to be paid per the agreement of the parties that was previously reached herein. The sum of
$7,225.00 is a reasonable and necessary fee for the services of the Guardian Ad Litem and said sum
shall be paid to Mr. Kelley as follows:
$1,583.33 to be paid by Watts Guerra
$1,756.58 to be paid by Defendant Ronnie Byrd
$3,885.09 to be paid by City of Lubbock d/b/a Lubbock Power and Light.
Signed this the 1 day of% 6 Q 2 2015.
JUDGE
dl
Form
'9
Bequest for Taxpayer
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name' line
Give Form to the
(Rev. January 2D11)
identification Number and Certification
I
requester. Do not
DepMmentof the Treasury
TIN on page 3.
send to the IRS.
Internal Revenue Service
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
FEPIOYer identification number
number to enter.
7 5 -2
Name (as shown on your income tax return)
T71
N
Business name/disregar ed entity name, If different from aoove
m
m
m
n
Check appropriate box for federal tar.
c
m
�
classification (required): ❑ Individual/sole proprietor ❑ C Corporation yJ
XS Corporation ❑ Partnership
❑ TrusVestate
a -
a o
"❑
❑ Limited liability company. Enter the tax classification (C=C corporation, 5=S corporation, P=partnership)
Exempt payee
----------------------------
C a'
C
a
❑Other (see instructions) t-
u
:�
Address (number, street, and apt. or suite no.)
Requester's name
and address (optional)
8 TH STREET .
V)
y
City, state, and ZIP code
m
AS 79421n
List account numbegs) here (optional)
I aXpayer loentinCai1011 Number (I IN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name' line
I Social security number
to idem backup withholding. For individuals,this is your social security number peg However, for a
sre disregarded
resident alien, sale proprietor, or tlisregarded entity, see the Part i instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
FEPIOYer identification number
number to enter.
7 5 -2
8U2 8 42
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am, waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and divide ou not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 4.
alynI Signature of
Here U.S. person 0 -
General instructions'
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S, person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income.
91j5
Date � 1111,116—
Note. If a requester gives you a farm other than Form W-9 to request
your TIN, you must use the requester's form if it is substantially similar
to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners' share of income from such business.
Further, in certain cases where a Form W-9 has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the United
States, provide Form W-9 to the partnership to establish your U.S,
status and avoid withholding on your share of partnership income.
Cat. No. 10231X Form W-9 (Rev. 1-2011)