1999-3681N FINAL SETTLEMENT OF LITIGATION STYLED WILTON RAINEY V CITY OF DENTON
AND RANDYA LEAVELL, CASE NO 99-20152-158 FILED IN THE 158TM DISTRICT COURT
OF DENTON COUNTY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. That m ht~gatton styled Wtlton Ratney v Ctty of Denton and Randy A
Leavell, Case No 99-20152-158 filed ~n the 158th D~stnct Court of Denton County, the Ctty
Manager ~s authorized to execute the proposed Compromise Settlement Agreement between the
C~ty of Denton and Wilton Rmney, attached hereto and incorporated by reference hereto
SECTION 2 That the City Manager is hereby authorized to make the expenditures and
take the actions set forth in the attached Settlement Agreement
SECTION 3 That tlus ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the ~ day of f~__~)~"~J ,1999
JACK~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
CAUSE NO 99-20152-158
WILTON RAINEY, § IN THE DISTRICT COURT
Plmnt~ff §
V § 158TM JUDICIAL DISTRICT
CITY OF DENTON AND §
RANDY A LEAVELL, §
Defendants § DENTON COUNTY, TEXAS
COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS
That ~t ~s agreed by and between PLAINTIFF, W~lton Rmney, and the RELEASED
PARTIES ~dentffied as the C~ty of Denton, Texas, and ~ts past, present, and future officers, elected
offimals, employees, agents, and attorneys (all ~n both their offimal and ~nd~wdual capacities), and
their respective ~nsurers, and those m pnwty w~th any of them, and Randy A Leavell, and h~s
family members, employees, agents, msurers, and attorneys, and those ~n pnv~ty w~th any of them,
as follows
1 The C~ty of Denton, Texas will pay to PLAINTIFF lhe total aggregate sum of
THIRTY THOUSAND AND NO/100 DOLLARS ($30,000), and w~ll also reqmre Randy A
Leavell to undergo additional sensitivity trmnmg w~thtn the next slx (6) months as a condmon of Ns
employment by the C~ty of Denton, Texas, the receipt and sufficiency of such consideration being
hereby acknowledged
2 For and m consideration of smd payment, PLAINTIFF, Walton Rmney, hereby fully
releases, d~scharges, and acqmts the RELEASED PARTIES, fi'om, and agrees that the sum so prod
shall be m full and final satmfactmn and compromise of all actions, causes of action, clmms
0ncluchng subrogation clmms, clmms for contnbutmn or ~ndemmty as to money prod m connection
w~th tlus settlement, clmms under the surmval of actions statute Tex C~v Prac& Rem Code
§71 021, etc ), and demands, on account of or in any way growing out of any and all neghgence,
intentional nusconduet, wolat~on of ConsUtuUonal or statutory rights, conspiracies, breach of any
duty of good faith and fair dealing, death, personal injuries, damage to reputal~on, pam and
suffenng, grief, bereavement, loss of consortium, loss of compamonsbap, damage to familial
relatlonsbap, mental anguish, psyebac injury, loss of earning capacity, loss of household services,
loss of wages, loss of profits, loss of money, damage to property, taking of property, attorney's fees,
pre- and post-judgment interest, and all other causes of action and damages whether known or
unknown and whether heretofore asserted or not, owned or possessed by PLAINTIFF against any of
said RELEASED PARTIES growing out of or in any way connected w~th the incident wbach
occurred on or about February 28, 1998, all as more fully descnbad in the pleadings on file herein,
to wluch reference is made for more complete description, any events or htigatlon connected w~th or
growing out of said incident or thas settlement, or any event wbach occurred prior to the date of flus
settlement PLAINTIFF does hereby agree to lndemmfy and save harmless the said RELEASED
PARTIES of and from all further claims, demands, costs, or expenses arising out of any ~njunes and
damages sustaaned by Plaintiff or by any of bas respective natural or adoptive family members or
relatives, as a result of said incident, any of the events connected w~th, or growing out of, said
incident or flus settlement, or any event which occurred pnor to the date of flus settlement
3 PLAINTIFF understands and agrees that the amount paid under this agreement is in
full satisfaction of all injuries and damages arising on account of the above described events and
that he will receive no further sums of money therefrom PLAINTIFF agrees to not assert or
prosecute any further claims or lawstuts therefor against anyone whomsoever, whether or not herein
or otherwise named, described or identified Any and all claims against parties not specifically
released hereto, if any, are hereby assigned in full to the pames hereby released
COMPROMISB SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE2
4 Further, PLAINTIFF expressly warrants that there are no outstanding unpmd
hospital liens, medical insurance subrogation elasms, or property danaage subrogation clmms, and it
is expressly understood and agreed that PLAINTIFF has already paid or will pay out of the
aforementioned sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000) all property
damages and mechcal, doctors' and hospital charges received in the past or to be ~ncurred in the
future, and that PLAINTIFF will defend, indemnify, and hold harmless the smd RELEASED
PARTIES, of and t~om the payment of such subrogation clmms and hospital hens (especially with
reference to any liens under the Texas Hospital Lien Law)
5 PLAINTIFF expressly warrants that h~s spouse, ~f he has one, has not suffered any
loss of consortium as a result of the events ~n question or PLAINTIFF'S alleged ~njunes and
damages PLAINTIFF also expressly warrants that no member of h~s family has suffered any
psychic ~njury, mental anguish and/or damage to the famd~al relat~onslup as a result of the events ~n
question or as a result of PLAiNTIFF'S alleged damages and ~njtmes PLAINTIFF agrees to
defend, hold harmless and lndemmfy the RELEASED PARTIES from the payment, and for the
defense, including, expenses, and reasonable attorney's fees, of any and all such clmms for loss of
consortium, psychic injury, mental angmsh and/or damage to the familial relat~onslup
6 PLAINTIFF hereby represents and warrants to the RELEASED PARTIES and to
the Court that no pronuses, representations or agreements not set out herein have been made to h~m,
that this Comprormse Settlement & Release of All Clmms ~s executed w~thout reliance upon any
statement or representation of any person or part~es released or their representatives, concermng the
nature and extent of the ~njunes, damages and/or legal habtl~ty therefore, that acceptance of the
consideration set forth here~n is a full accord and satisfaction of a disputed clmm, whmh ~s ~ncapable
of being exactly determined, and for wluch hablhty ~s expressly demed, and that tlus Compromise
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE3
Settlement & Release of All Clams is made of bas own free will and accord after consulting w~th
and acting upon the advice of bas attorneys
7 The parties agree that neither PLAINTIFF nor the RELEASED PARTIES shall
release, pubhsh, or otherwise make known to tturd part,es the terms of this Agreement, unless
required by a court of competent junsthctlon or the Texas Attorney General, or unless otherwise
reqmred by law
8 FOR THE SAME CONSIDERATION, ~t is agreed that the above-styled sat will be
dlsmassed w~th prejudace to refihng the same, and that costs of court will be taxed to the City of
Denton, Texas
9 Although originally drafted by attorneys for the City of Denton, Texas, this
Compromise Settlement & Release of All Clams is a contract wtuch is the product of negottat~ons
between the part, es and attorneys for the parOes and which shall, ~n the event of any dispute over ~ts
meaning or apphcat~on, be interpreted fmrly and reasonably, and neither more strongly for or
aganst either party Tins document contans the entire agreement of the pames hereto THE
PROVISIONS OF THIS COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS ARE
CONTRACTUAL AND NOT MERE RECITALS
WITNESS OUR HANDS tbas /~ day of 0~k(P~ ,1999
t~,[to~l~ney~
APPROVED
Attorney for PLAINTIFF
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE4
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the __ day of ,1999, by
Wilton Raincy
Notary Pubhc-State of Texas
My Commission Expires
CITY OF DENTON, TEXAS
GOUTY ~F DENTON )
T~s lns~ent w~ ~owledg~ before me on ~e ~ay of _ ,1999, by
M~chael W Jez
My Co~ss~on E~res
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS PAGE 5