1995-233sorsetl.ord
ORDINANCE NO. ~_
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORI-
ZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT
IN THE MATTER OF SOR, ET AL. V. CITY OF DENTON, TEXAS; AND DECLAR-
ING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to exe-
cute a Compromise Settlement Agreement and Agreed Judgment in the
matter of Sor, et al. v. City of Denton, providing for the settle-
ment and compromise of the litigation now pending between and among
the parties in the 162nd District Court, Dallas County, Texas,
Cause No. 94-08897-I, in substantial accordance with the terms of
the proposed Compromise Settlement Agreement and Agreed Judgment
attached hereto as Exhibit A.
SECTION II. That the City Manager, with the concurrence and
approval of the City Attorney, is hereby authorized to alter the
form of the proposed Compromise Settlement Agreement and Agreed
Judgment, attached hereto as Exhibit A, as necessary to accomplish
the substantive goals of said documents, and as necessary to secure
agreement among the parties and approval by the Court in which the
case is currently pending.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the7'~%'~ day of~ ,
1995.
BO~ CASTLEBERRY, MAYOR/
ATTEST:
/
JENNIFER WALTERS, CITY SECRETARY
NO. 94-08897-I
BUN TE SOR, ET AL., § IN THE DISTRICT COURT
Plaintiffs
VS. § DALLAS COUNTY, TEXAS
CITY OF DENTON,
Defendant § 162ND JUDICIAL DISTRICT
COMPROMISE SETTLEMENT & STIPULATION FOR JUDGMENT
KNOW ALL MEN BY THESE PRESENTS:
That it is agreed by and between Plaintiffs Bun Te Sot, Kim
Teu, Bun Ly Sor, Kim Leang Sor, and Bun Leang Sot, acting herein by
and through his/her Guardian Ad Litem, and Defendant, City of
Denton, Texas, as follows:
1. Defendant will pay to Plaintiffs the total aggregate sum
of Forty Thousand Dollars ($40,000), said sum of Forty Thousand
Dollars ($40,000) to be apportioned to the respective parties
equally, or as the Court deems just and fair.
2. For and in consideration of said payment, Plaintiffs, Bun
Te Sor, Kim Teu, Bun Ly Sor, Kim Leang Sor, and Bun Leang Sot
acting herein by and through his/her Guardian Ad Litem, hereby
fully release, discharge, and acquit Defendant, City of Denton,
Texas and its past, present, and future officers, elected offi-
cials, employees, agents, insurers and attorneys (all in both their
official and individual capacities), and their respective insurers,
and those in privity with any of them (collectively known as the
Released Parties) from, and agree that the sum so paid shall be in
full and final satisfaction and compromise of all actions, causes
of action, claims (including subrogation claims, claims for
contribution or indemnity as to money paid in connection with this
settlement, claims under the survival of actions statute [Tex. Civ.
Prac. & Rem. Code §71.021, etc.], and demands, on account of or in
any way growing out of any and all negligence, intentional
misconduct, violation of Constitutional or statutory rights,
conspiracies, breach of any duty of good faith and fair dealing,
death, personal injuries, damage to reputation, pain and suffering,
grief, bereavement, loss of consortium, loss of companionship,
damage to familial relationship, mental anguish, psychic 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 any of
said Plaintiffs against the City of Denton, Texas and its past,
present, and future officers, elected officials, employees, agents,
insurers, and attorneys, (all in both their official and individual
capacities), and their respective insurers, and those in privity
with any of them, whether named herein or not, growing out of or in
any way connected with: a motor vehicle collision in Dallas, Texas,
which occurred on or about November 25, 1993, all as more fully
described in the pleadings on file herein, to which reference is
made for more complete description; any events or litigation
connected with or growing out of said fall or this settlement; or
any event which occurred prior to the date of this settlement.
Plaintiffs each do hereby agree to indemnify and save harmless the
said City of Denton, Texas, its past, present and future officers,
elected officials, employees, agents, insurers and attorneys, (all
COMPROMISE SETTLEMENT & STIPULATION FOR JUDGMENT - PAGE 2
in both their official and individual capacities), and their
respective insurers, and those in privity with any of them, of and
from all further claims, demands, costs, or expenses arising out of
the injuries and damages sustained by any of them or by their
respetive natural or adoptive family members or relatives as a
result of: a motor vehicle collision occurring in Dallas, Texas on
or about November 25, 1993; any of the events connected with, or
growing out of, said collision or this settlement; or any event
which occurred prior to the date of this settlement.
3. Plaintiffs each understand and agree 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
they will receive no further sums of money therefrom. Plaintiffs
each agree to not assert or prosecute any further claims or law-
suits therefore against anyone whomsoever, whether or not herein or
otherwise named, described or identified. Any and all claims
against parties not specifically released herein, if any, are here-
by assigned in full to the parties hereby released.
4. Further, each Plaintiff expressly warrants that there are
no outstanding unpaid hospital liens, medical insurance subrogation
claims, or property damage subrogation claims and it is expressly
understood and agreed that Plaintiffs have already paid or will pay
out of the aforementioned sum of Forty Thousand Dollars ($40,000)
all property damages and medical, doctors' and hospital charges
received in the past or to be incurred in the future and that
Plaintiffs will each defend, indemnify, and hold harmless the said
Released Parties, of and from the payment of such subrogation
COMPROMISE SETTLEMENT & STIPULATION FOR JUDGMENT - PAGE 3
claims and hospital liens (especially with reference to any liens
under the Texas Hospital Lien Law).
5. Plaintiffs each expressly warrant that their spouses, if
they have any, have not suffered any loss of consortium as a result
of the events in question or Bun Leang Sor's alleged injuries and
damages. Plaintiffs each also expressly warrant that no member of
their family has suffered any psychic injury, mental anguish and/or
damage to the familial relationship as a result of the events in
question or as a result of Bun Leang Sor's alleged damages and
injuries. Plaintiffs each agree to defend, hold harmless and
indemnify the Released Parties from the payment, and for the
defense, including, expenses, and reasonable attorney's fees, of
any and all such claims for loss of consortium, psychic injury,
mental anguish and/or damage to the familial relationship.
6. This Compromise Settlement & Stipulation for Judgment is
hereby respectfully submitted to the Court by all parties including
said Guardian Ad Litem who is of the opinion, and represents to the
Court, that the proposed settlement is to the advantage of said
minor and is for his/her best interest and said parties do further
request approval of the Compromise Settlement & Stipulation for
Judgment by this Court.
7. Plaintiffs each hereby represent and warrant to Defendant
and to the Court that no promises, representations or agreements
not set out herein have been made to them; that this Compromise
Settlement & Stipulation for Judgment is executed without reliance
upon any statement or representation of any person or parties
released or their representatives, concerning the nature and extent
COMPROMISE SETTLEMENT & STIPULATION FOR JUDGMENT - PAGE 4
of the injuries, damages and/or legal liability therefore, that
acceptance of the consideration set forth herein is a full accord
and satisfaction of a disputed claim, which is incapable of being
exactly determined, and for which liability is expressly denied,
and that this Compromise Settlement & Stipulation for Judgment is
made of their own free will and accord after consulting with and
acting upon the advice of their attorneys.
8. Although originally drafted by attorney for the Released
Parties, this Compromise Settlement & Stipulation for Judgment is
a contract which shall, in the event of any dispute over its
meaning or application, be interpreted fairly and reasonably, and
neither more strongly for or against either party. This document
contains the entire agreement of the parties hereto.
THE PROVISIONS OF THIS COMPROMISE SETTLEMENT & STIPULATION FOR
JUDGMENT ARE CONTRACTUAL AND NOT MERE RECITALS.
WITNESS OUR HANDS this day of , 199
Bun Te Sor Kim Teu
Bun Ly Sor Kim Leang Sor
Guardian Ad Litem
APPROVED AND AGREED TO:
Myrna Davila Gregory Jerry E. Drake, Jr.
Attorney for Plaintiffs Attorney for Defendant
COMPROMISE SETTLEMENT & STIPULATION FOR JUDGMENT - PAGE 5
THE STATE OF TEXAS )
)
COUNTY OF )
This instrument was acknowledged before me on the__day of
, 199 , by Bun Te Sor.
Notary Public-State of Texas
THE STATE OF TEXAS )
)
COUNTY OF )
This instrument was acknowledged before me on the day of
, 199 , by Kim Teu.
Notary Public-State of Texas
THE STATE OF TEXAS )
)
COUNTY OF )
This instrument was acknowledged before me on the__day of
, 199 , by Bun Ly Sor.
Notary Public-State of Texas
THE STATE OF TEXAS )
)
COUNTY OF )
This instrument was acknowledged before me on the__day of
, 199 , by Kim Leang Sor.
Notary Public-State of Texas
THE STATE OF TEXAS )
)
COUNTY OF )
This instrument was acknowledged before me on the__day of
, 199 , by as Guardian Ad Litem
on behalf of Bun Leang Sor.
Notary Public-State of Texas
A: \SETTLE. AGR
COMPROMISE SETTLEMENT & STIPULJtTION FOR JUDGMENT - PAGE 6
NO. 94-08897-I
BUN TE SOR, ET AL., § IN THE DISTRICT COURT
Plaintiffs
VS. § DALLAS COUNTY, TEXAS
CITY OF DENTON,
Defendant § 162ND JUDICIAL DISTRICT
JUDGMENT
On this day of , 199 , came on to be
heard in open Court the above entitled and numbered cause. Ail
parties having announced ready for trial and the minor Plaintiff
appearing by and through his/her Guardian ad litem, all parties
agreed that a jury was waived.
The parties thereupon announced in open Court that they had
agreed upon a compromise of all matters and things in dispute
between them subject to the approval of the Court, the terms,
provisions, and conditions of which compromise are stated in a
certain written Compromise Settlement & Stipulation for Judgment
filed in this cause. By the terms of this Compromise Settlement &
Stipulation, Defendant, City of Denton, Texas, has agreed to pay to
Plaintiffs, Bun Te Sot, Kim Teu, Bun Ly Sot, and Kim Leang Sot,
Individually and as Next Friend of Bun Leang Sor, a Minor Child,
acting by and through his/her Guardian ad litem, the total
aggregate sum of Forty Thousand Dollars ($40,000), and the
Plaintiffs, Bun Te Sot, Kim Teu, Bun Ly Sot, and Klm Leang Sot,
Individually and as Next Friend of Bun Leang Sor, a Minor Child,
acting by and through his/her Guardian ad litem, have agreed to
fully release, discharge and acquit Defendant, City of Denton,
Texas, its past, present, and future officers, elected officials,
employees, and attorneys (all in both their official and individual
capacities), and their respective insurers and those in privity
with any of them, from any and all claims arising from a collision
between Defendant and Plaintiffs on or about November 25, 1993,
and any and all injuries which arose from, or resulted from, said
collision, which occurred on or about November 25, 1993, and which
is more particularly described in said Compromise Settlement &
Stipulation for Judgment and the pleadings on file herein.
Thereupon the Court proceeded to examine the pleadings and
hear evidence upon all matters and issues involved. The Court is
of the opinion and finds as a fact that the Compromise Settlement
& Stipulation for Judgment as above described is in all things fair
and just and should be approved by this Court.
The Court finds that the total aggregate sum of Forty Thousand
Dollars ($40,000) should be and hereby ORDERS that it be appor-
tioned between the Plaintiffs as follows:
To Bun Te Sor $8,000
To Kim Teu $8,000
To Bun Ly Sor $8,000
To Kim Leang Sor $8,000
To Bun Leang Sor, a Minor $8,000
It is further ORDERED by the Court that the Guardian ad litem
for the minor Plaintiff do have and recover from Defendants the sum
of Eight Thousand Dollars ($8,000).
It is further ORDERED by the Court that the sum of $8,000
awarded to Bun Leang Sor (Minor) shall be paid by said Defendant
into the Registry of the Court for the use and benefit of said
JUDGMENT - PAGE 2
minor Plaintiff. The Clerk is hereby directed to deposit such sum
in an interest bearing account, and to pay the sum awarded to the
minor to such person as executes a bond in the amount and condi-
tioned in accordance with law.
It is further ORDERED by the Court that upon the paying of
said sum of money apportioned as hereinabove set out, said
Defendant shall be fully and finally released and discharged of all
claims owned or possessed by Plaintiffs, growing out of or in any
way connected with the matters mentioned in Plaintiffs' pleadings,
or in any way connected with the collision and injuries suffered by
Bun Leang Sor (Minor), this litigation, or this settlement.
It is further ORDERED by the Court that all other relief
prayed for herein by any party hereto and not expressly above
granted is denied, and that costs of Court are taxed to Defendant.
Signed this day of , 199
Judge Presiding
APPROVED:
Jerry E. Drake, Jr.
Attorney for Plaintiffs
Myrna Davila Gregory
Attorney for Defendant
Guardian Ad Litem
JUDGMENT - PAGE 3