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HomeMy WebLinkAbout1990-096ORDINANCE NO. CIO - 0%' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND DOROTHY PERRY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Agreement For Judgment and Release of All Claims between the City of Denton and Dorothy Perry, providing for the settlement and compromise of the litigation now pending between the parties before the 211th Judicial District Court of Denton County, Texas in Cause No. 89-0015-C, is approved in accordance with its terms. The City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necessary to comply with the terms of said agreement. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /O nC day of , 1990. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: l NOTE: ORIGINAL ORDINANCE HAS COPIES OF ATTACHMENTS WITH SIGNATURES. A NO. 89-0015-C DOROTHY PERRY, Individually * IN THE DISTRICT COURT OF and as Administratrix of the ESTATE OF RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER and DEBRA RAY MULKEY * * VS. * DENTON COUNTY, TEXAS * * SAMMONS COMMUNICATIONS, INC- and THE CITY OF DENTON d/b/a DENTON UTILITIES * 211TH JUDICIAL DISTRICT AGREEMENT FOR JUDGMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER, a Minor; and DEBRA KAY MULKEY, hereinafter Plaintiffs, have filed suit in the above entitled and numbered cause to recover damages allegedly sustained by them of and from Defendants Sammons Communications, Inc. and The City of Denton d/b/a Denton Utilities hereinafter Defendants, as is more fully shown by the pleadings on file herein, reference to which is here made for the purpose of showing the claims asserted by Plaintiffs against Defendants; and WHEREAS, the Court has appointed R. WILLIAM WOOD as Guardian Ad Litem to represent the Minor Plaintiff in the prosecution of his cause of action herein; and AGREEMENT FOR JUDGMENT AND RELEASE - Page 1 WHEREAS, the said Defendants have denied, and do now deny, that the accident made the basis of Plaintiffs' lawsuit was in any way attributable to the Defendants' negligence and/or fault; and WHEREAS, it is the desire of all parties to compromise and settle all things and matters in dispute among them in order to avoid further expense, inconvenience, uncertainty of the outcome of litigation and unnecessary litigation; NOW, THEREFORE, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next I Friend and on Behalf of WADE ROPER and DEBRA RAY MULKEY for and in consideration of the sum of THREE THOUSAND FIVE HUNDRED AND NO/100 ($3,500.00) to be paid on behalf of Defendant Sammons Communications, Inc. and all cost of Court to be paid as herein provided, and ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) to be paid by or on behalf of The City of Denton d/b/a Denton Utilities have released and do release and discharge SAMMONS j COMMUNICATIONS, INC., and THE CITY OF DENTON D/B/A DENTON UTILITIES, their insurance carriers, agents, employees, assigns, representatives, indemnitors and any and all other persons, firms, parties and corporations that might be in privity with them, whether named herein or not, all and each of them, from any and all claims, demands, actions or causes of action, or suits of whatsoever nature, which DOROTHY PERRY; Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA RAY MULKEY now AGREEMENT FOR JUDGMENT AND RELEASE - Page 2 QW9, have, or in the future may have, for injuries and damages resulting to such Plaintiff and the Minor Plaintiff, allegedly received and arising out of an alleged fall of Ricky Dean Roper which occurred on September 19, 1988, at or near the corner of . t WA- il��s��o��n near the Martin Luther King Recreation Center, , �a}}as County, Texas. Plaintiffs and Guardian Ad Litem for and on behalf of the Minor Plaintiff warrant and represent that they fully understand that upon the approval of the Court of this Agreement for Judgment and Release, and that upon entry of judgment in accordance therewith, and payment by the Defendants of the total sum of $3,500.00 plus court costs to be paid on behalf of Sammons Communications, Inc. and $1,000.00 to be paid on behalf of The City of Denton, that defendants, their insurance carriers, employees, agents, assigns, representatives, indemnitors, and any and all other persons, firms and corporation in privity with the defendants will be fully and forever released from any and all claims, demands or suits of whatever nature which Dorothy Perry, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA KAY MULKEY, or any of them, now have or in the future may have as a result of the incident above mentioned. It is further agreed that defendants have not assumed any liability for any medical aid, hospital bills, doctor bills or any other expenses resulting from the injuries to the deceased Ricky Dean Roper, and plaintiffs agree to hold defendants AGREEMENT FOR JUDGMENT AND RELEASE - Page 3 harmless from ahy claimed liability against defendants for any such expenses. Further, for the same aforesaid consideration, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA KAY MULKEY agree to fully and completely indemnify and hold harmless SAMMONS COMMUNICATIONS, INC. and The City of Denton d/b/a Denton Utilities and their insurance carrier, employees, agents, assigns, representatives, indemnitors and any and all other persons, firms, parties and corporations that might be in privity with the defendants, whether named herein or not, all and each of them, of and from all future claims, demands, actions or causes of action, including but not limited to legal fees, court costs, and reasonable and necessary expenses, costs of investigation and preparation of defense, and judgments, if any, stemming from any future claim or claims that may ever be brought by DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA KAY MULKEY and arising out of the aforementioned incident; and from any future claim or claims for contribution, indemnity, credits and/or set -offs that ever might be asserted or pursued by any third parties against SAMMONS COMMUNICATIONS, INC. and THE CITY OF DENTON D/B/A DENTON UTILITIES as a result of any claim or claims brought by or on behalf of the above named Plaintiffs by reason of or based on the above described occurrence. AGREEMENT FOR JUDGMENT AND RELEASE - Page 4 Plaintiffs further warrant and represent that they have i entered into this Agreement for Judgment and Release acting upon their own knowledge and information, and that no other promises, representations or inducements have been made or given them by the said defendants, or any servant, agent, representative., r+' employee or attorney acting on behalf of the defendants, except as specifically set forth herein. WITNESS OUR HANDS, this the day of `C1ba_\! , 1990. / r DOROTHY PERKY, Ind' idually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER R. WILLI WOOD GUARDIAN AD LITEM FOR MINOR PLAINTIFF, WADE ROPER AGREEMENT FOR JUDGMENT AND RELEASE - Page 5 APPROVED: MICHAEL R. LIPOMB ATTORNEY FOR P INTIFFS MARTHA L. RUSSELL ATTORNEY FOR DEFENDANT SAMMONS COMMUNICATIONS, INC. •i•ne L;izy Ul UC11l.Ull AGREEMENT FOR JUDGMENT AND RELEASE - Page 6 am THE STATE OF TEXA'S • ) COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on this day personally i appeared DOROTHY PERRY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration j therein stated, and in the capacity as set forth above. jj �T�� DOROTHY PERRY, .Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER SUBSCRIBED AND SWORN TO BEFORE ME, on this the .10 day of 1990. LEE LIPSCOMB MY CAMMI:SION EXPIgE3 June 21, 1993 Notary Public-'intand for the State of Texas AGREEMENT FOR JUDGMENT AND RELEASE - Page 7 THE STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on this day personally appeared DEBRA KAY MULKEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein stated, and in the capacity as set forth above. DEBRA KAY MULK"'Y SUBSCRIBED AND SWORN TO BEFORE ME, on this the day of 1990. LEE LIPSCOMB ;. _ MY COMMISSION EXPIRES June 21, 1993 Notary Public in And for the State of Texas AGREEMENT FOR JUDGMENT AND RELEASE - Page 8 NO. 89 d 015-C t990 JUtI 20 PM 8. 46 DOROTHY PERRY, Individually $ IN THE DI$TRICT'C A OV and as Administratrix of S the ESTATE OF RICKY DEAN $ C„5ii..:t C ROPER, and as Next Friend S and on Behalf of WADE ROPER S and DEBRA KAY MULKEY S DENTON COUNTY, TEXAS S VS. $ S SAMMONS COMMUNICATIONS, INC. $ and THE CITY OF DENTON d/b/a $ DENTON UTILITIES $ 211TH JUDICIAL DISTRICT FINAL JUDGMENT ,On this day came on to be heard the above entitled and numbered cause, and came Plaintiffs, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER and DEBRA KAY MULKEY through their attorney of record, and came Defendants SAMMONS COMMUNICATIONS, INC. AND THE CITY OF DENTON, D/B/A DENTON UTILITIES, appearing by their attorney, and R. WILLIAM WOOD, GUARDIAN AD LITEM, also appeared, and it was announced to the Court that a compromise had been reached, subject to the approval of the Court, by the terms of which Defendants Sammons Communications, Inc. agreed to pay $3,500.00, and The City of Denton d/b/a Denton Utilities agreed to pay to the plaintiffs the total sum of $1,000.00 with defendant Sammons Communications, Inc. to pay the costs of court and the Guardian Ad Litem fees; and FINAL JIIDGlENT - Page 1 The Court finding that there is a potential conflict of interest between DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER as to the apportionment of the recovery herein; Therefore, the Court has previously appointed R. WILLIAM WOOD, a practicing attorney of Denton County, Texas, as Guardian Ad Litem to represent the interest of such minor plaintiff, and it is now ordered that R. William Wood be awarded the sum of $500.00 for his services, which amount is taxed as costs to be paid,by the defendant Sammons Communications, Inc.; and Said Guardian Ad Litem having asked for and received a reasonable time to acquaint himself with the facts and the law herein, and after such study and deliberation, reported back to the Court that in his opinion this is a case in which there is a dispute as to liability, and that in his opinion the agreement of settlement herein outlined is just and fair under the circumstances and should be approved; and The Court having read the pleadings in this case, and having heard full testimony, finds that this is a case of disputed legal liability and there is further dispute as to the extent of damages to which minor plaintiff is entitled, if any, and finds that the agreement of settlement, entitled Agreement for Judgment and Release, which is filed along with this Final Judgment, should be approved, and said agreement is hereby approved; and FINAL JUDGMENT - Page 2 IT IS ORDERED, ADJUDGED AND DECREED by the Court that the minor plaintiff do have and recover of and from Defendants Sammons Communications, Inc. and The City of Denton d/b/a Denton Utilities, the total sum of $4,500.00, said sum to be paid by defendants as follows: (1) Sammons Communications, Inc. shall pay to DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA RAY MULKEY the total sum of THREE THOUSAND FIVE HUNDRED AND NO/100 ($3,500.00). Dorothy Perry shall pay the fees and expenses of her attorney from the above referenced sum. (2) The City of Denton d/b/a Denton Utilities shall pay to DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; the total sum of ONE THOUSAND AND N0/100 ($1.000.00). Dorothy Perry shall pay the fees and expenses of her attorney from the above referenced sum. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that defendants, having duly paid said judgment and discharged same in its entirety, and having paid the Guardian Ad Litem fee, will stand fully released and forever discharged of and from any and all liability whatsoever to DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA RAY MULKEY or FINAL JUDGMENT - Page 3 1 N either of them, in any capacity, upon any demands, claims or causes of action of whatever nature whether known or unknown arising out of or based upon the injuries to such persons under the facts set forth in Plaintiffs' Original Petition herein; and it is IT IS FURTHER ORDERED by the Court, in accordance with the agreement of the parties, that the making of such settlement being for the purposes of avoiding further time, trouble and expense of investigation and litigation, does not constitute an admission of liability on the part of defendants as to any cause of action. All relief not here and granted is denied. Signed this . day of We, the undersigned, agree to the entry of this Judgment, and move and request the Court to enter such Judgment. ROTHY Y, I t vidually and as inistratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER FINAL - Page 4 DEBRK RAY MULKLFY /� _1 R. ILLIM WOOD, GUARDIAN AD LITEM FOR THE MINOR PLAINTIFFS, WADE ROPER AND DEBRA KAY MULKEY APPROVED AND AGREED TO: MICHAEL R. LIPCOMB ATTORNEY FOR PUINTIFFS MARTHA L. RUSSELL ATTORNEY FOR DEFENDANT SAMMONS COMMUNICATIONS, INC. ATTORNEY FOR DEFENDANT THE CITY OF DENTON D/B/A DENTON UTILITIES FINAL JUDGMENT - Page 5 NO. 89-0015-C DOROTHY PERRY, Individually * IN THE DISTRICT COURT OF and as Administratrix of the ESTATE OF RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER and DEBRA RAY MULKEY * * VS. * DENTOIJ COUNTY, TEXAS * SAMMONS COMMUNICATIONS, INC. and THE CITY OF DENTON d/b/a DENTON UTILITIES * 211TH JUDICIAL DISTRICT AGREEMENT FOR JUDGMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER, a Minor; and DEBRA RAY MULKEY, hereinafter Plaintiffs, have filed suit in the above entitled and numbered cause to recover damages allegedly sustained by them of and from Defendants Sammons Communications, Inc. and The City of Denton d/b/a Denton Utilities hereinafter Defendants, as is more fully shown by the pleadings on file herein, reference to which is here made for the purpose of showing the claims asserted by Plaintiffs against Defendants; and WHEREAS, the Court has appointed R. WILLIAM WOOD as Guardian Ad Litem to represent the Minor Plaintiff in the prosecution of his cause of action herein; and AGREEMENT FOR JUDGMENT AND RELEASE - Page 1 k t JUN 21 ?w ;� WHEREAS, the said Defendants have denied, and do now deny, that the accident made the basis of Plaintiffs' lawsuit was in any way attributable to the Defendants' negligence and/or fault; and WHEREAS, it is the desire of all parties to compromise and settle all things and matters in dispute among them in order to avoid further expense, inconvenience, uncertainty of the outcome of litigation and unnecessary litigation; NOW, THEREFORE, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and op Behalf of WADE ROPER and DEBRA RAY MULKEY for and in consideration of the sum of THREE THOUSAND FIVE HUNDRED AND NO/too ($3,500.00) to be paid on behalf of Defendant Sammons Communications, Inc. and all cost of Court to be paid as herein provided, and ONE THOUSAND AND N0/100 DOLLARS ($1,000_00) to be paid by or on behalf of The City of Denton d/b/a Denton Utilities have released and do release and discharge SAMMONS COMMUNICATIONS, INC., and THE CITY OF DENTON D/B/A DENTON UTILITIES, their insurance carriers, agents, employees, assigns, representatives, indemnitors and any and, all other persons, firms, parties and corporations that might be in privity with them, whether named herein or not, all and each of them, from any and all claims, demands, actions or causes of action, or suits of whatsoever nature, which DOROTHY PERRY; Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA RAY MULKEY now AGREEMENT FOR JUDGMMT AND RELEASW - Page 2 have, or in the future may have, for injuries and damages resulting to such Plaintiff and the Minor Plaintiff, allegedly received and arising out of an alleged fall of Ricky Dean Roper which occurred on September 19, 1988, at or near the corner of Wi__ll�sen •n��on near the Martin Luther King Recreation Center, , Ays County, Texas. Plaintiffs and Guardian Ad Litem for and on behalf of the Minor Plaintiff warrant and represent that they fully understand that upon the approval of the Court of this Agreement for Judgment and Release, and that upon entry of judgment in accordance itherewith, and payment by the Defendants of the total sum of $3,500.00 plus court costs to be ppid on behalf of Sammons Communications, Inc. and $1,000.00 to be paid on behalf of The City of Denton, that defendants, their insurance carriers, employees, agents, assigns, representatives, indemnitors, and any and all other persons, firms and corporation in privity with the defendants will be fully and forever released from any and all claims, demands or suits of whatever nature which Dorothy Perry, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA KAY MULKEY, or any of them, now have or in the future may have as a result of the incident above mentioned. It is further agreed that defendants have not assumed any liability for any medical aid, hospital bills, doctor bills or any other expenses resulting from the injuries to the deceased Ricky Dean Roper, and plaintiffs agree to hold defendants AGREEMENT FOR JUDGMENT AND RELEASE - Page 3 harmless from any claimed liability against defendants for any such expenses. Further, for the same aforesaid consideration, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA KAY MULKEY agree to fully and completely indemnify and hold harmless SAMMONS COMMUNICATIONS, INC. and The City of Denton d/b/a Denton Utilities and their insurance carrier, employees, agents, assigns, representatives, indemnitors and any and all other persons, firms, parties and corporations that might be in privity with the defendants, whether named herein or not, all and i each of them, of and from all future claims, demands, actions or causes of action, including but not limited to legal fees, court costs, and reasonable and necessary -expenses, costs Of investigation and preparation of defense, and judgments, if any, stemming from any future claim or claims that may ever be brought by DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA RAY HDLKEY and arising out of the aforementioned incident; and from any future claim or claims for contribution, indemnity, credits and/or set -offs that ever might be asserted or pursued by any third parties against SAMMONS COMMUNICATIONS, INC. and THE CITY OF DENTON D/g/A DENTON UTILITIES as a result of any claim or claims brought by or on behalf of the above named Plaintiffs by reason of or based on the above described occurrence. AGREEMENT FOR JIIDGlIEN'r AND RELEASE - Page 4 , Plaintiffs further warrant and represent that they have entered into this Agreement for Judgment and Release acting upon their own knowledge and information, and that no other promises, representations or inducements have been made or given them by the said defendants, or any servant, agent, representative, employee or attorney acting on behalf of the defendants, except as specifically set forth herein. 1990. WITNESS OUR HANDS, this the day of J DOROTHY P'ERP{Y, IndXVIdually and as Administratrix of the Estate .of RICKY DEAN ROPER, and as Next Friend and. on Behalf of WADE ROPER R. WILI, WOOD GUARDIAN AD LITEM FOR MINOR PLAINTIFF, WADE ROPER AGREEMENT FOR JUDGMENT AND RELEASE - Page 5 APPROVED: CHAEL R. LIP:q4pOMB ATTORNEY FOR PILAINTIFFS /i L �z MARTHA L. RUSSELL ATTORNEY FOR DEFENDANT SAMMONS COMMUNICATIONS, INC. •rne city ol_ UCl1l.Vil AGREEMENT FOR JUDGMENT AND RELEASE - Page 6 r � - THE STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on this day personally appeared DOROTHY PERRY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein stated, and in the capacity as set forth above. II I2,10 r) DOROTHY 'PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER SUBSCRIBED AND SWORN TO BEFORE ME, on this the 30 day of .......� 1990. LEE LIP L MB MY OOMMISSIIRES Notary` Public-intand for the State of Texas AGREEMENT FOR JUDGMENT AND RELEASE - Page 7 d NO. 89- 015-C DOROTHY PERRY, Individually S and as Administratrix of S the ESTATE OF RICKY DEAN S ROPER, and as Next Friend S and on Behalf of WADE ROPER S and DEBRA RAY MULKEY S S VS. S S SAMMONS COMMUNICATIONS,.INC. S and THE CITY OF DENTON d/b/a S DENTON UTILITIES S FINAL JUDGI[ENT 46 IN THE DISTRICT', `0O . uF piSS C.,C i C; lC: P1)(Y DENTON COUNTY, TEXAS 211TH JUDICIAL DISTRICT On this day came on to be heard the above entitled and numbered cause, and came Plaintiffs, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICRY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER and DEBRA RAY MULKEY through their attorney of record, and came Defendants SAMMONS COMMUNICATIONS, INC. AND THE CITY OF DENTON, D/B/A DENTON UTILITIES, appearing by their attorney, and R. WILLIAM WOOD, GUARDIAN AD LITEM, also appeared, and it was announced to the Court that a compromise had been reached, subject to the approval of the Court, by the terms of which' Defendants Sammons Communications, Inc. agreed to pay $3,500.00, and The City of Denton d/b/a Denton Utilities agreed to pay to the plaintiffs the total sum of $1,000.00 with defendant Sammons Communications, Inc. to pay the costs of court and the Guardian Ad Litem fees; and FINAL JUDGMENT - Page 1 The Court finding that there is a potential conflict of interest between DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER as to the apportionment of the recovery herein; Therefore, the Court has previously appointed R. WILLIAM WOOD, a practicing attorney of Denton County, Texas, as Guardian Ad Litem to represent the interest of such minor plaintiff, and it is now ordered that R. William Wood be awarded the sum of $500.00 for his services, which amount is taxed as costs to be paid,by the defendant Sammons Communications, Inc.; and Said Guardian Ad Litem having asked for and received a reasonable time to acquaint himself with 'the facts and the law herein, and after such study and deliberation, reported back to the Court that in his opinion this is a case in which there is a dispute as to liability, and that in his opinion the agreement of settlement herein outlined is just and fair under the circumstances and should be approved; and The Court having read the pleadings in this case, and having heard full testimony, finds that this is a case of disputed legal liability and there is further dispute as to the extent of damages to which minor plaintiff is entitled, if any, and finds that the agreement of settlement, entitled Agreement for Judgment and Release, which is filed along with this Final Judgment, should be approved, and said agreement is hereby approved; and F WAL JUDGMENT - Page 2 IT IS ORDERED, ADJUDGED AND DECREED by the Court that the minor plaintiff do have and recover of and from Defendants Sammons Communications, Inc. and The City of Denton d/b/a Denton Utilities, the total sum of $4,500.00, said sum to be paid by defendants as follows: (1) Sammons Communications, Inc. shall pay to DOROTHY i PERRY, Individually and as Administratrix of the Estate i of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA RAY MULKEY the total sum of THREE THOUSAND FIVE HUNDRED AND N0/100 ($3,500.00). Dorothy Perry shall pay the fees and expenses of her attorney from the above referenced sum. (2) The City of Denton d/b/a Denton Utilities shall pay to DOROTHY PERRY, Individually and as Administratrix of k the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; the total sum of ONE THOUSAND AND N0/100 ($1.000.00). Dorothy Perry shall pay the fees and expenses of her attorney from the above referenced sum. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that defendants, having duly paid said judgment and discharged same in its entirety, and having paid the Guardian Ad Litem fee, will stand fully released and forever discharged of and from any and all liability whatsoever to DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA KAY MULKEY or FINAL JUDGMENT - Page 3 N either' of them, in any capacity, upon any demands, claims or causes of action of whatever nature whether known or unknown arising out of or based upon the injuries to such persons under the facts set forth in Plaintiffs' Original Petition herein; and it is IT IS FURTHER ORDERED by the Court, in accordance with the agreement of the parties, that the making of such settlement being for the purposes of avoiding further time, trouble and expense of investigation and litigation, does not constitute an admission of liability on the part of defendants as to any cause of action. I All relief not here and granted is denied. Signed this � day of We, the undersigned, agree to the entry of this Judgment, and move and request the Court to enter such,Judgment. ROTHY Y, I vidually and as inistratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER FINAL JQDGMENT - Page 4 l// l DEBRK KAY MULIWY R. WILLIAM WOOD, GUARDIAN AD LITEM FOR THE MINOR PLAINTIFFS, WADE ROPER AND DEBRA KAY MULKEY APPROVED AND AGREED TO: MICHAEL R. LIP BOMB ATTORNEY FOR PLAINTIFFS L. RUSSELL ATTORNEY FOR DEFENDANT SAMMONS COMMUNICATIONS, INC. ATTORNEY FOR DEFENDANT THE CITY OF DENTON D/B/A DENTON UTILITIES FINAL JQDGMENT - Page 5 1A i I I, WITNESS MY HAND this day of l , 1990. iAIKI DEBRA KAY MU EY / ,7 THE STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared DEBRA KAY MULKEY, known to me to be the person whose name is subscribed to the foregoing instrument, and having the same fully explained to her, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed. ' GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1q day of �• 1990. _ .s.`• ' " LEE LIPSCOMB June 21, 1993 My Commission Expires: RFT.RASE - Page 5 Notary Public, In and For the State of Texas Notary's Printed Name 4f