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1992-128e:\wpdocs\wintrset.o AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT IN THE MATTER OF WINTERROWD V. CASTEEL, ET AL; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Compromise Settlement and Release of All Claims in the matter of Winterrowd v. Casteel, et al, providing for the settlement and compromise of the litigation now pending between the parties in the United States District Court for the Eastern District of Texas, Sherman, Texas, civil Action No. 4:92CV85 is approved in accordance with its terms. SECTION II. That this ordinance shall become effective immedi- ately upon its passage and approval~ ~ PASSED AND APPROVED this the ~'day of ~ , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: . ~ ~ APPR~VED AS TO LEGAL FORM: DEBRA A. DRA~Q~I~CH, CITY ATTORNEY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION JEFFERY WINTERROWD * V. * · CAUSE NO. 4:92CV85 PAUL CASTEEL, BOBBY RAY, * MICHAEL JEt, THE DENTON * CITY POLICE DEPARTMENT, * and THE CITY OF DENTON * COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS 1. FOR AND IN CONSIDERATION of the sum of TWELVE THOUSAND AND NO/100 DOLI2~RS ($12,000.00) in hand paid this day in cash, the receipt and sufficiency of which is hereby acknowledged, JEFFERY WINTERROWD, Plaintiff, does hereby release, acquit, discharge, and · quitclaim unto PAUL CASTEEL, BOBBY RAY, MICHAEL JEZ, and their respective employees, agents, insurers, and attorneys, and those in privity with them, and THE CITY OF DENTON, and its past, present, and future elected officials, officers, employees, agents, insurers, and attorneys, and those in privily with ~them~ (all collectively known as the Released Parties), whether named herein er not, all and each cf ~-~.~=~, of and from any and 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 action statute [Tex. Civ. Prat. & Rem. Code §.71.021, etc.], claims under the wrongful' death statutes [Tex. Civ. Prat. & Rem. Code §71.001, etc.]), and demands, on account of or in any way growing out of any and all negligence, conspiracies, intentional misconduct, wrongful claims handling, violation of constitutional or statutory rights, bre~h " CITY OF DENTON of good faith and fair dealing, fraud, breach of contract, intentional or negligent infliction of emotional distress, personal injuries, damage to reputation, pain and suffering, grief, bereavement, loss of consortium and companionship, damage to familial relationship, mental anguish, psychic injury, loss of earning capacity, loss of household services, loss of wages profits and money, damage to and taking of property, punitive damages, 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, connected with or resulting from the incident in question which occurred on or about October 11, 1991, (all as more fully described in Plaintiff's pleadings on file herein, to which reference is made for a more complete description) or from this litigation or from this settlement. Plaintiff agrees to defend, indemnify and save harmless the said Released Parties of and from all further claims, (including subrogation claims), demands, costs, attorneys fees, and expenses arising out of any injuries and damages sustained by him or by his respective natural or adoptive family members or relatives as a result of said incident in question, or this litigation or this settlement. 2. The 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. The Plaintiff agrees to not assert or prosecute any further claims or lawsuits therefore against anyone %~homsoever, whether or not herein or otherwise named, described or identified. Any and all claims against parties not specifically released herein, if any, are hereby assigned in full to the parties hereby released. 3. Further, JEFFERY WINTERROWD 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 JEFFERY WINTERROWD has already paid or will pay out of the aforementioned sum of TWELVE THOUSAND AND NO/100 DOLLARS ($12,000.00) all property damages and medical, doctors' and hospital charges received in the past or to be incurred in the future and that JEFFERY WINTERROWD will defend, indemnify, and hold harmless the said Released Parties, of and from the payment of such subrogation claims and hospital liens (especially with reference to any liens under the Texas Hospital Lien Law). 4. JEFFERY WINTERROWD expressly warrants that his spouse, if he has one, has not suffered any loss of consortium as a result of ~he e~en~s in question or JEFFERY WINTERROWD's alleged injuries and damages. JEFFERY WINTERROWD also expressly warrants that no member of his 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 JEFFERY WINTERROWD's alleged damages and injuries. JEFFERY WINTERROWD agrees 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. / /i- ,w.-~ · , . ~,~MP~OMlSE SET~EM£NT & RELEASE OF ALL CLAIMS...Page 3' 5. It is expressly warranted by Plaintiff that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation of any person or parties released or their representatives, concerning the nature and extent 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 incapaDle of being exactly de~ermined, and for which liability is expressly denied. 6. FOR THE SAME CONSIDERATION, it is agreed that the above- styled suit will be dismissed with prejudice to refiling the same, and that costs of court will be taxed against the party incurring the same. 7. Although originally drafted by attorney for the Released Parties, this Release 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. 8. THE PROVISIONS OF THIS SETTLEMENT AND RELEASE ARE CONTRACTUAL AND NOT MERE RECITALS. WITNESS MY HAND THIS / ,' DAY OF, -c.~.~ , 1992. ,.~EFFERY WINTERROWD A / OVED: C~a~ ~aruSh-- Attorney for Plaintiff STATE OF TEXAS * COUNTY OF This instrument was acknowledged before me on this /;' 'day of /')~ i~,~ , 1992, by JEFFERY WINTERROWD. ',~.,~' ~, .~: sT' ~,r~c,~;~,.. ~ Notary P~blic - State of Texas "~ '~; ~,~%, ~q .......