1991-182e \boydsetlo
ORDINANCE NO -J- _19X__
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE
SETTLEMENT AGREEMENT OF THE CITY OF DENTON'S SUBROGATION CLAIM IN
DOUGLAS ,A BOYDSTON ET AL V CHRYSLER CORPORATION, AND DECLARING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Compromise Settlement Agreement
of the City's subrogation claim pending in the United States
District Court for the Eastern District of Texas, Sherman Division,
in the cause styled Douglas A Bovdston et al v Chrysler Corpo-
ration, Civil Action No 4 90CV-183, is approved in accordance with
its terms The City Manager is authorized to execute the agreement
and all other documents and receive payment and take such action as
is necessary to comply with the terms of said agreement
SECTION II That this ordinance shall become effective immedi-
ately upon its passage and approval
PASSED AND APPROVED this the /1day of Aex, 1991
BOB CASTLEBERRY, MA
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY j 1. Ali.
APPROVED IS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DOUGLAS A BOYDSTON
and SUSAN K BOYDSTON
Husband and Wife, and
BRIAN J HORN
Plaintiffs
vs
CHRYSLER CORPORATION
Defendants
CIVIL ACTION NO 4 90CV-183
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT
WHEREAS, as a result of an automobile accident on or
about August 14, 1988, DOUGLAS A BOYDSTON and BRIAN J HORN
suffered personal injuries, and
WHEREAS, DOUGLAS A BOYDSTON and BRIAN J HORN, were
employees of the CITY OF DENTON Whereby said employer paid
certain hospital or medical expenses for injuries in said
accident, and
WHEREAS, DOUGLAS A BOYDSTON, SUSAN K BOYDSTON and
BRIAN J HORN (hereinafter referred to as Plaintiffs
filed a lawsuit in the 362ND Judicial District of Denton
County, Cause No 90-40463-362, styled DOUGLAS A. BOYDSTON.
SU§AN K. BOYDSTON and BRIAN J. HORN V. CHRYSLER
CORPORATION, and
WHEREAS, in this lawsuit, Plaintiffs alleged several
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT - PAGE 1
causes of action against CHRYSLER CORPORATION (hereinafter
referred to as Defendant including, but not limited to,
negligence, strict liability in tort breach of express and
implied warranties, gross negligence, and violation of the
Texas Deceptive Trade Practices Act, and
WHEREAS, the case was removed to the United States
District Court For The Eastern District Of Texas, Sherman
Division and given Civil Action No 4 90-CV-183, and
WHEREAS, the CITY OF DENTON intervened in said lawsuit
alleging a subrogation interest and reimbursement for
payment of hospital or medical payments in behalf of DOUGLAS
A BOYDSTON and BRIAN J HORN, and
WHEREAS, Plaintiff-Intervenor, CITY OF DENTON, has
agreed upon a full and final settlement and compromise of
any and all claims, demands, damages, controversies,
liabilities, obligations, debts, and causes of action that
may or might have arisen or that could arise in the future
against Plaintiffs and Defendant or any of the parties
released herein out of the allegations that form the basis
of those claims brought in it's intervention Civil Action
No 4 90-CV-183, or Cause No 90-40463-362 as more fully
described in Plaintiff's and Plaintiff-Intervenor's
pleadings filed with the Court
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS,
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT - PAGE 2
that Plaintiff-Intervenor, CITY OF DENTON does hereby
forever release, remise, acquit, discharge and covenant to
hold harmless DOUGLAS A BOYDSTON, SUSAN K BOYDSTON and
BRIAN J HORN, JEEP CORPORATION, JEEP EAGLE CORPORATION,
JEEP EAGLE SALES CORPORATION, CHRYSLER CORPORATION, CHRYSLER
MOTORS CORPORATION, AM COMPUTER LEASING CORPORATION, and
their insurers, parent companies, subsidiaries, affiliates,
agents, distributors, wholesalers, retailers, component part
manufacturers and sellers, employees, servants, directors,
officers, shareholders, successors and assigns, attorneys,
and all other persons, firms, corporations, entities, or
organizations (hereinafter collectively referred to as the
Released Parties ) that might in any manner be liable to
Plaintiff-Intervenor, CITY OF DENTON for any and all claims,
demands, damages, controversies, liabilities, obligations,
debts, and causes of action, whatsoever the nature, known or
unknown, foreseeable or unforeseeable, past, present, or
future, arising directly or indirectly out of the payment of
any and all hospital or medical bills, either in the past,
present or future in behalf of DOUGLAS A BOYDSTON and BRIAN
J HORN as a result of injuries sustained in the August 14,
1988 accident For and in consideration of the agreement by
Plaintiff-Intervenor as set forth above, Plaintiffs, on
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT - PAGE 3
behalf of themselves and the other Released Parties herein
agree to pay to Plaintiff-Intervenor the total lump sum of
Seventeen Thousand Five Hundred and No/100 Dollars
($17,500 00), to be paid concurrent with the execution of
this release to the CITY OF DENTON
By signature of its representative(s), the CITY OF
DENTON does hereby acknowledge that the payment of the
aforementioned consideration, the receipt and sufficiency of
which is hereby acknowledged, is a full, final, and complete
satisfaction, settlement, release, and discharge of any and
all liability whatsoever on the part of DOUGLAS A BOYDSTON,
SUSAN K BOYDSTON, BRIAN J HORN, CHRYSLER CORPORATION and
the other Released Parties that might in any manner be
liable to the CITY OF DENTON by reason of any condition,
cause, or thing in any way connected with or arising out of
the allegations that form the basis of the CITY OF DENTON'S
Intervention lawsuit and/or the incident on August 14, 1988,
as more fully described in the pleadings filed with the
Court
The CITY OF DENTON further WARRANTS AND REPRESENTS
that no part of any cause or claim hereby released has been
transferred or assigned to anyone, in addition, any and all
causes or claims against parties not specifically released
herein, if any, are hereby assigned in full to the Released
Parties
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT PAGE - 4
The CITY OF DENTON FURTHER AGREES and hereby REPRESENTS
that during its administration of hospital or medical insur-
ance benefits that all hospital and medical bills, costs,
liens, resulting or arising from the occurrence in question
that have been received by the City have been paid or will be
paid if qualified under the City plan and DOUGLAS A BOYDSTON
and BRIAN J HORN represent and warrant that all hospital and
medical bills resulting from the occurrence in question have
been paid or presented to the City for payment
The CITY OF DENTON FURTHER WARRANTS AND REPRESENTS that
DOUGLAS A BOYDSTON and BRIAN J HORN shall be afforded
access to the City's group health insurance program on the
same terms and in the same manner as other City employees
The CITY OF DENTON FURTHER AGREES that this settlement
agreement shall not be interpreted as an admission of liabil-
ity on the part of any of the Released Parties, but liability
is expressly denied, the sum being paid by way of compromise
to avoid expenses and to terminate all controversies as to
all parties, regardless of the extent of the damages and
expenses
The CITY OF DENTON FURTHER AGREES AND UNDERSTANDS that
the above-stated consideration is the sole consideration for
this Full and Final Release and Settlement Agreement and that
the consideration stated is contractual and not a mere
FULLiAND FINAL RELEASE AND SETTLEMENT AGREEMENT - PAGE 5
recital that all agreements and understandings of all
parties are embodied and expressed herein, and that no
representation of any kind has been made to it with respect
to this settlement by the Released Parties, or any other
person, firm association, or corporation on their behalf
The CITY OF DENTON FURTHER AGREES that all parties
shall bear their own costs of court and attorneys' fees and
that the CITY OF DENTON will request that the Court dismiss
all claims that were or could have been brought in the
referenced lawsuits Further, the CITY OF DENTON agrees to
cooperate fully and execute any and all supplementary
documents and to take all additional actions that may be
necessary or appropriate to give full force and effect to
the basic terms and intent of this Full and Final Release
and Settlement Agreement
In the event of any dispute regarding this settlement
agreement or the above-referenced lawsuit, any such dispute
shall be resolved in conformity with and by the application
of Texas law
THE CITY OF DENTON, BY THE SIGNATURES BELOW, CERTIFY
THAT IT OR ITS REPRESENTATIVES HAVE READ THIS FULL AND FINAL
RELEASE AND SETTLEMENT AGREEMENT, AND FULLY UNDERSTAND ITS
MEANING AND IMPORTANCE AND HAVE DISCUSSED THIS SETTLEMENT
WITH ITS ATTORNEYS IN THIS MATTER THE CITY OF DENTON
UNDERSTANDS THAT THE MONEY PAID TO IT BY THE RELEASED
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT PAGE - 6
PARTIES, IS THE ENTIRE AMOUNT IT WILL EVER RECEIVE FROM THE
RELEASED PARTIES AS A RESULT OF ITS INTERVENTION LAWSUIT AND
ALLEGED SUBROGATION INTEREST THE CITY OF DENTON
UNDERSTANDS THAT IT IS GIVING UP ANY CLAIM FOR ANY
SUBROGATION INTEREST FOR PRESENT MEDICAL OR HOSPITAL
EXPENSES PAID AND THAT IT IS ALSO GIVING UP ANY CLAIM FOR
ANY SUBROGATION INTEREST FOR MEDICAL OR HOSPITAL EXPENSES
THAT MAY ARISE IN THE FUTURE THE CITY OF DENTON FURTHER
UNDERSTANDS THAT THE MONEY PAID AS REFERENCED HEREIN
CONSTITUTES MONETARY CONSIDERATION FOR SUCH FUTURE
SUBROGATION INTEREST FOR MEDICAL OR HOSPITAL EXPENSES IF
ANY, OF WHICH MAY ARISE OUT OF OR RELATE TO THE AUGUST 14,
1988 ACCIDENT
IN WITNESS WHEREOF, WE HAVE HEREUNTO SIGNED OUR NAMES
THIS THE (SAY OF 1991
PLAINTIFF-
CITY OF DE
STATE OF TEXAS )
COUNTY OF DENTON )
BEFORE ME, the undersigned authoorrity, on this day
personally appeared ~~/CL[/l2JldJCY who being
deposed and duly sworn stated upon his oath that he is the
of the CITY OF DENTON and
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT PAGE - 7
that he executed the foregoing instrument in behalf of the CITY OF
DENTON and that he executed the same for the purposes and conside-
ration therein expressed and in the capacity therein expressed
Given under my hand and seal of office this the day of
November, 1991
m.v.a..n.o.aa.me+.e.o
fO1~pY F JENN~IFpERRyyrK WAITERS
r N
i
STATE OF TEXAS
My CWWMW 9008
DeeerNW 10 1094
O AR JPBLIC; STATE OF TEXAS
DOUGLAS A BOYDSTON, PLAINTIFF
-D-OUgl4Zt A°B ston
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this day personally
appeared Douglas A Boydston, who being deposed and duly sworn
stated upon his oath that he is one of the plaintiffs in the above-
referenced cause, that he executed the foregoing instrument and
that he executed the same for the purposes and consideration
therein expressed and in the capacity therein expressed
Given under my hand and seal of office this the day of
r! U1yN ~,..,I 1991
~j `'lx(-/-v
'NOTAAY PUKE CT 8TA EoOf TEMa
COmm1lNOn EAplrn Mar 311"3
ARY PUBLIC, STATE OF TEXAS
FULL AND FINAL RELEASE AND SETTLEMENT AGREEEMNT
PAGE - $/FINAL
BRIAN J HORN, PLAINTIFF
Brian H n
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this day personally
appeared Brian J Horn, who being deposed and duly sworn stated
upon his oath that he is one of the plaintiffs in the above-
referenced cause, that he executed the foregoing instrument and
that he executed the same for the purposes and consideration
therein expressed and in the capacity therein expressed
Given under my hand and seal of office this the Iq 11L day of
,NGV441t 1991
Py p Oh'~A41-7~~
JEANETTE SCOTT ARY PUBLIC, STA E OF TEXAS
' NOTARY PUBLIC STATE OF TEXAS
" T NT Cemm116" Expires Aar 31 1993
FULL AND FINAL RELEASE AND SETTLEMENT AGREEEMNT
PAGE - 9/FINAL