1992-096ALL00217
ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AGREEMENTS FOR
JUDGMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND
DAVID SOLIS, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the attached Agreements for Judgment between
the city of Denton and David Solis, providing for the settlement
and compromise of the litigation now pending between the parties
before the District Court of Denton County, Texas in Cause No 91-
20425-158, be approved in accordance with the terms The City Man-
ager is authorized to execute the agreements and all other docu-
ments and make the payments and take such action as is necessary to
comply with the terms of said agreements
~ That this ordinance shall become effective imme-
diately upon 1ts passage and approv~
PASSED AND APPROVED this the~~ day of , 1992
ATTEST
JENNIFER WALTERS, CITY SECRETARY
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CAUSE NO 91-20425-158
DAVID SOLIS IN THE DISTRICT COURT
VS OF DENTON COUNTY, TEXAS
CITY OF DENTON
(SELF-INSURED) 158TH JUDICIAL DISTRICT
COMPROMISE SETT~RNTAGRE~W~NT
Plaintiff DAVID SOLIS in the above-entitled and numbered
cause, Joined herein by Don E Hickey, Plaintiff attorney of record,
and CITY OF DENTON (SELF-INSURED), Defendant herein, acting by and
through its attorney of record, do hereby stipulate and agree upon a
satisfactory compromise and settlement of all of the issues involved
in this case
Plaintiff agrees to accept the sum of $32,975 00, payment
by Defendant of all reasonable and necessary past unpaid medical
expenses arising from the accident of 06/18/90, payment of all future
reasonable and necessary medical expenses arising from the accident
of 6/18/90 until 4/27/95 at the direction of Dr Major Blair (and
subject to approval of the City of Denton Council as necessary) and
payment of all court costs by Defendant, in full settlement,
compromise and acquittance of all the issues and claims arising from
the accident of 06/18/90 which accident is the basis of th~s case,
including all claims and demands, actions and cause of action, for
damages, workers' compensation benefits and/or medical expenses under
the Texas Workers' Compensation Law of the State of Texas, growing
out of or connected in anywise with the accident alleged Plaintiff
PAGE I COMPROMISE S~,~-j,~.R~NT AGBER~RNT
claims to have been injured in the course of his employment for the
City of Denton, which employer is alleged to have been insured under
the Workers' Compensation Law of the State of Texas
It is further understood and agreed between the parties
hereto that the liability of Defendant CITY OF DENTON (SELF-INSURED)
is indefinite, uncertain and incapable of being satisfactorily
established, and the Plaintiff releases CITY OF DENTON
(SELF-INSURED), its insurers, attorneys, employees, agents and
representatives from any and all liability for all claims and/or
damages arising from or related to his accident and injuries,
including claims for all reasonable and necessary medical expenses
which he may incurr in the future, except as specifically set out
herein
It is hereby agreed and understood that upon the approval
of this Compromise Settlement Agreement by the Court, and entry of
the Judgment in accordance with this Agreement, the agreed sums will
be paid by this Defendant to the Plaintiff and Plaintiff's Attorney
It is further understood and agreed that Judgment will be
entered herein carrying into effect this Agreement
Plaintiff does hereby represent and warrant that he
employed Don E Hickey, attorney, to represent him in connection with
this claim, and that Plaintiff agreed to pay said attorney a 25% fee
which is within the limits provided by the Workers' Compensation Law
of the State of Texas
Plaintiff represents and warrants that he has entered Into
PAGE 2 COMPROMISE SE'~-r~EMENT AGRERw~.NT
this Agreement of his own free will and accord and Plaintiff has not
been induced to do so by the statements, acts or representations of
the said Defendant or anyone else
It is hereby understood and agreed that all the
Jurisdictional facts exIst investing th~s Court with Jurisdiction of
this su~t and cause of action
WITNESS our signatures this __ day of , 1992
DAVID S~LIS! / / //
Plaint~ f /
DON~ HICKE~ -
Attorney for Plaintiff
SCOTT A HENDERSON
SMITH, SMITH, SMITH & HENDERSON
Attorney for Defendant
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
BEFORE ME, the undersigned authority, on this day
personally appeared DAVID SOLIS known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purpose and
cons~deration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this C~~t4 day of
~ ~ %~ ~ ~%%% ---~
~ .,~n,,< .,%%, ~OTARY PUBLIC IN a~ FoR
% ,$~ ~"%)~%%%~n%~9%'~ ~THE STATE OF TEXAS
PAGE 3 CO~ROMISE SE'~"t',.R~ AG~R~
CAUSE NO 91-20425-158
DAVID SOLIS IN THE DISTRICT COURT
VS OF DENTON COUNTY, TEXAS
CITY OF DENTON
(SELF-INSURED) 158TH JUDICIAL DISTRICT
~~
On the __ day of , 1992, came on to be heard
the above-entitled and numbered cause, and came the Plaintiff DAVID
SOLIS, in person and by attorney, and came the Defendant CITY OF DENTON
(SELF-INSURED) by attorney, and both parties announced ready for trial
A jury having been waived, all matters of fact, as well as of law, were
submitted to the Court After considering the pleadings, the evidence
and argument of counsel, the Court is of the opinion and finds as
follows
The Plaintiff and Defendant has entered into a Compromise
Settlement Agreement by which all of the claims involved herein have
been satisfactorily compromised and settled Said Compromise
Settlement Agreement nas been reduced to writing, signed by the parties
hereto and their attorneys, and an original copy has been filed herein
with the papers in this suit and introduced in evidence The Court has
considered said Agreement, together with the evidence in connection
therewith, and is of the opinion that said Compromise Settlement
Agreement is fair and equitable to all parties, and that all parties
have agreed thereto, and that said Agreement should be and is hereby in
PAGE 1 FINAL OUI.~'NT
DEPT
settle Plaintiff's claims and cause of action agaanst saad Defendant
and has employer
The Court finds that the laabal~ty of Defendant CITY OF
DENTON (SELF-INSURED) is indefinite, uncertain and ~ncapable of being
satasfactoraly established, and the Court, therefore, specifically
approves that portaon of the Compromase Settlement Agreement where~n
the Plaintiff releases Defendant and Plaantiff's employer, their
lnsurers, attorneys, employees, agents and representatives from any
and all further causes of actaon and laab~l~ty for damages arising
from or related to Plaantiff's employment and/or alleged accident and
anjur~es
The Court hereby finds that the Plaintiff has contracted wath
Attorney Don E H~ckey to represent Plaintiff before the Industraal
Accident Board and an this Court, and Plaintiff agreed to pay sa~d
Plaantlff Attorney a 25% fee which Ks within the llmlts provided by
law The Court as further of the opinaon that Judgment should be
entered herein carrying ~nto effect sa~d Compromise Settlement
Agreement
It as therefore, ORDERED, ADJUDGED AND DECREED that the
Plaintiff DAVID SOLIS does have and recover of and from
Defendant CITY OF DENTON (SELF-INSURED) the sum of $32,975 00,
all reasonable and necessary past unpaid medical expenses, payment of
all future reasonable and necessary medical expenses arising from the
accident of 6/18/90 until 4/27/95 at the directaon of Dr Major Blair
and payment of all court costs and that out of sa~d sum of money, the
PAGE 2 FIHAL 4uuGMENT
sa~d Plaintiff shall pay unto Plaintiff attorney of record the sum of
$8,243 75 as an attorney's fee, which the Court hereby finds to be a
reasonable and fair fee, and the Court hereby further finds that the
services rendered by said attorney are reasonably worth the sum of
money herein allowed as such fee, and that the said claimant under the
compensation law has been benefited to such extent as to justify the
allowance of such fee
It is further, ORDERED, ADJUDGED AND DECREED that this
Judgment releases the Defendant CITY OF DENTON (SELF-INSURED), its
insurers, attorneys, employees, agents and representatives from any an¢
all further liability to Plaintiff, including liability for future
medical expense incurred by Plaintiff after the date of this Judgment
and that this Judgment is a full and final Judgment
It is hereby further ORDERED, ADJUDGED AND DECREED that all
Court costs herein be and the same are hereby taxed against Defendant
The Court hereby further finds that contemporaneously with
the entry of this Judgment, Defendant has paid the sum of money
herelnabove awarded as herein directed, and that this Judgment has been
satisfied in full contemporaneously with its entry
It is therefore, further ORDERED, ADJUDGED AND DECREED that
no execution shall issue herein upon this Judgment, except for costs
not paid
The Court hereby further finds that all of the Jurisdictional
facts exist investing this Court with jurisdiction of this suit and
alleged cause of action
PAGE 3 FINAL
Ail relief not expressly granted is DENIED
SIGNED this day of , 1992
JUDGE PRESIDING
AGREe/ TO~ t ~/
DON E HICKEY /
ATTORNEY FOR PId%IN~IFF
D~VID 80his
SCOTT A HENDERSON
ATTORNEY FOR DEFENDANT
CITY OF DENTON (SELF-INSURED)
PAGE 4 FINAL