1995-013E:\WPDOCS\ORD\SCOTT.SET
ORDINANCE NO. ~
AN ORDINANCE AUTHORIZING THE LAW FIRM OF WOLFE, CLARK & HENDERSON
TO SETTLE THE CASE STYLED SCOTT V. CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS PURSUANT TO THE AGREEMENT FOR JUDGMENT; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the law firm of Wolfe, Clark & Henderson is
hereby authorized to settle the case styled Scott v. City of
Denton, Cause No. 93-10687-16 pursuant to the terms of the
Agreement for Judgment, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. That the expenditure of funds, pursuant to the
terms of the Agreement for Judgment, is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval. ~
PASSED AND APPROVED this the/~7~- day o~, 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~~ /~~
AP ED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
NO. 93-10687-16
JEANETTE SCOTT § IN THE DISTRICT COURT
VS. § DENTON COUNTY, TEXAS
CITY OF DENTON (SELF-INSURED) § 16TH JUDICIAL DISTRICT
AGREEMENT FOR JUDGMENT
In consideration of the sum of $42,000.00, I, JEANETTE SCOTT,
hereby release the CITY OF DENTON, LINDSEY MORDEN CLAIMS SERVICES,
INC., ALEXSIS RISK MA/qAGEMENT, and THE TEXAS POLITICAL SUBDIVISIONS
WORKERS' COMPENSATION JOINT INSURANCE FUND from all claims arising
from or connected with an accidental injury which I claim to have
sustained in the course of my employment with the city of Denton on
or about March 20, 1989. Reference is made to the pleadings in the
above case, and the documents filed with the Texas Workers'
Compensation Commission, for a more complete description of the
injury and disability claimed.
Such amount should be apportioned by the Court between me and
my attorneys, and on approval of this agreement by the Court, the
City of Denton, Lindsey Morden Claims Services, Inc., Alexsis Risk
Management, and the Texas Political Subdivisions Workers'
Compensation Joint Insurance Fund shall be fully released, except
as hereinafter set forth.
The liability of the City of Denton, Lindsey Morden Claims
Services, Inc., Alexsis Risk Management, and the Texas Political
Subdivisions Workers' Compensation Joint Insurance Fund being
uncertain, indefinite, and incapable of being satisfactorily
established, and the extent and nature of the injuries to myself,
Jeanette Scott, being uncertain, indefinite, and incapable ofbeing
satisfactorily established, it is agreed that in compromise and
settlement of all matters in controversy in this cause, a Judgment
be entered herein, setting aside and holding for naught the final
ruling and decision of the Texas Workers' Compensation Commission
in this cause, entered on September 23, 1993, in Board No. 89-
124097-DN, and that Judgment be entered herein in favor of me,
Jeanette Scott, and against the City of Denton, for $42,000.00,
together with all costs herein, and that all other relief prayed
for by either party hereto be denied.
It is further agreed that the payment and satisfaction of the
Judgment entered in this cause as a result of this settlement
agreement shall constitute a full release and discharge of the City
of Denton, Lindsey Morden Claims Services, Inc., Alexsis Risk
Management, and the Texas Political Subdivisions Workers'
Compensation Joint Insurance Fund (except as hereinafter
specifically provided), of and from any and all liability, claims,
controversies, demands, actions, or causes of action of every kind
or character whatsoever arising out of my employment to date with
the City of Denton, whether alleged in this cause of action or not,
or which may be alleged in any separate and independent suit or
cause of action, including any and all claims, whether for workers'
compensation or at common law or otherwise (including, but not
limited to, any and all claims for breach of the duty of good faith
and fair dealing or for intentional misconduct), and whether
predicated upon injuries which are now known or unknown, suspected
or unsuspected.
AGREEMENT FOR JU~MENT - Page 2
It is further understood and agreed that as a part of the
consideration inducing this settlement, the City of Denton shall be
responsible for and shall pay all reasonable medical expenses
incurred by me prior to January 5, 1995 and rendered necessary by
the injury forming the basis for this suit. It is further
understood and agreed that as a part of the consideration inducing
this settlement, the City of Denton agrees to pay for reasonable
future hospital and medical expense as provided in Art. 8306, Sec.
7 and 7b, V.A.T.S., rendered by or at the direction of Dr. Peter B.
Polatin of Lewisville, Texas, during a period of twelve (12) years
beginning on January 5, 1995, and ending on January 5, 2007, and
rendered necessary by the injury forming the basis for this suit,
limited to a total amount of $40,000.00. It is expressly agreed
and understood that payment of such future medical expenses is
capped and limited to a total amount of $40,000.00, regardless of
when such limit is reached. All other medical expenses resulting
from such injury, past, present, or future, shall be paid by me.
This instrument embodies the entire agreement between all
parties. No other promises have been made to me. I have relied
entirely upon the advice of my own attorneys and physicians.
Settlement of the claim shall in no way prejudice my
entitlement to disability, pension, social security, or otherwise,
to which I may be or become entitled. This agreement is not
intended to change the terms of any applicable policy, guideline or
exclusions for such benefits, or subject the City of Denton to
additional liability for such benefits.
AGREEMENT FOR JUDGMENT - Page 3
It is further understood and agreed that the total sum of
$42,000.00 is to be apportioned as follows:
a. To Jeanette Scott, the sum of $30,826.76 as
weekly compensation benefits, payable in a
lump sum.
b. To Kenneth H. Molberg, the sum of $10,500.00
as attorney's fees and $673.24 as expenses for
services rendered for his representation of
the Plaintiff, Jeanette Scott.
A jury is waived. This agreement may be filed with the Court
papers and considered by the Court as though I had personally
appeared and testified. I understand the settlement, believe it to
be in my best interests, and ask the Court to approve it.
Court costs shall be paid by the City of Denton.
SIGNED this /~ day of ~ , 1995.
SCOTT
The above settlement agreement has been explained to and is
understood by my client, Jeanette Scott, and is approved by me.
Attorney for JE~TE SCOTT
STATE OF TEXAS §
COUNTY OF ~
BEFORE ME, the undersigned authority, on this day personally
appeared JEANETTE SCOTT, known to me to be the person whose name is
subscribed to the foregoing instrument, and who, after being by me
duly sworn, did depose upon her oath and say:
AGREEMENT FOR JUDGMENT - Page 4
My name is JEANETTE SCOTT. I have read the entire Agreement
for Judgment set out in the foregoing instrument and I fully
understand its contents. I represent it to be a fact that the
statements contained therein are true and correct, and that I have
signed the same freely and voluntarily, and execute the same for
the purposes and consideration therein expressed and none other.
SCOTT
SUBSCRIBED AND SWORN TO BEFORE ME on this /~ day of
, 1995 .
NOTARY PUBLIC, STATE' OF TEXAS
............... Notar~;'s Name CDrinted or typed):
II/~'~,: ~.-: Nota'~y'~ Commission Expires:
AGREEMENT FOR JUDGMENT - Page 5
NO. 93-10687-16
JEANETTE SCOTT § IN THE DISTRICT COURT
VS. § DENTON COUNTY, TEXAS
CITY OF DENTON (SELF-INSURED) § 16TH JUDICIAL DISTRICT
JUDGMENT
On this the day of , 1995, the above case
came on for hearing. Ail parties appeared in person or by their
attorneys and announced that the case had been settled subject to
approval of the Court, and that a jury is waived. The Court
considered a written settlement agreement on file with the papers;
and the Court having examined said agreement and having heard
evidence thereon, is of the opinion and finds that same is just,
fair, and reasonable; that the liability of the CITY OF DENTON,
LINDSEY MORDEN CLAIMS SERVICES, INC., AT.~XSIS RISK MANAGEMENT, and
THE TEXAS POLITICAL SUBDIVISIONS WORKERS' COMPENSATION JOINT
INSURANCE FUND is uncertain, indefinite, and incapable of being
satisfactorily established; that the nature and extent of JEANETTE
SCOTT'S injuries are uncertain, indefinite, and incapable of being
satisfactorily established; and that said settlement agreement
should be approved and judgment entered in accordance therewith.
The settlement is approved in its entirety.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Jeanette
Scott and her attorney recover of and from the Defendant the total
sum of $42,000.00, in full settlement and discharge of her claim
for workers' compensation, fees, and expenses arising from her
injury of on or about March 20, 1989; said sum to be apportioned as
follows:
a. To Jeanette Scott, the sum of $30,826.76 as
weekly compensation benefits, payable in a
lump sum.
b. To Kenneth H. Molberg, the sum of $10,500.00
as attorney's fees and $673.24 as expenses for
services rendered for his representation of
the Plaintiff, Jeanette Scott, which sums the
court finds reasonable.
The award of the Texas Workers' Compensation Commission, dated
September 23, 1993, in Board No. 89-0124097-DN, styled "Jeanette
Scott, employee vs. City of Denton (Self-Insured), insurance
carrier" is hereby set aside.
It ordered that the City of Denton shall be responsible for
and shall pay all reasonable medical expenses incurred by Plaintiff
prior to January 5, 1995 and rendered necessary by the injury
forming the basis for this suit. It is further ordered that,as a
part of the consideration inducing this settlement, the City of
Denton will pay for reasonable future hospital and medical expense
as provided in Art. 8306, Sec. 7 and 7b, V.A.T.S., rendered by or
at the direction of Dr. Peter B. Polatin of Lewisville, Texas,
during a period of twelve (12) years beginning on January 5, 1995,
and ending on January 5, 2007, and rendered necessary by the injury
fo~ming the basis for this suit, limited to a total amount of
$40,000.00. It is expressly ordered and adjudged that payment of
such future medical expenses is capped and limited to a total
amount of $40,000.00, regardless of when such limit is reached.
All other medical expenses resulting from such injury, past,
present, or future, shall be paid by Plaintiff.
It is further ORDERED that in accordance with the settlement
agreement entered into by and between the parties, the City of
JUDGMENT - Page 2
Denton, Lindsey Morden Claims Services, Inc., Alexsis Risk
Management, and the Texas Political Subdivisions Workers'
Compensation Joint Insurance Fund shall, and they do hereby, stand
fully and finally discharged (except as specifically provided in
said settlement agreement), of and from any and all liability,
claims, controversies, demands, actions, or causes of action, of
every kind or character whatsoever arising out of Jeanette Scott's
employment to date with the City of Denton, whether alleged in this
action or not or which may be alleged in any separate and
independent suit or cause of action, including any and all claims,
whether for workers' compensation or at common law or otherwise
(including, but not limited to, any and all claims for breach of
the duty of good faith and fair dealing, or for intentional
misconduct), and whether predicated upon injuries which are now
known or unknown, suspected or unsuspected.
It appearing to the Court that simultaneously with entry of
this Judgment, the same has been paid in full, it is ORDERED that
no execution shall issue herein, except for court costs, which are
adjudged against the citY of Denton.
It is further ORDERED that all other relief prayed for by any
party hereto and not specifically granted in this Judgment, be and
the same is hereby refused and denied.
SIGNED this day of , 1995.
JUDGE PRESIDING
,JU{~MENT - Page 3