1991-094e wpoocs\woodsono
ORDINANCE NO g 0 90471
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AGREEMENTS FOR
JUDGMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND
MELTON H WOODSON, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Agreements for Judgment between
the City of Denton and Melton H Woodson, 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 88-2847-C and Cause No 90-50092-367, are approved in accor-
dance with their terms The City Manager is authorized to execute
the agreements and all other documents and make the payments and
take such action as is necessary to comply with the terms of said
agreement
SECTION II That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this theQ day of , 1991
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPRO D AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
No 88-2847-C i- -
MELTON H WOODSON * IN THE DISTRICT COURT OF`---
VS * DENTON COUNTY, TEXAS
*
CITY OF DENTON * 367TH JUDICIAL DISTRICT
AGREEMENT FOR JUDGEMENT
In consideration of the sum of SIXTEEN THOUSAND SEVEN HUNDRED
AND FIFTY AND N01100 ($16,750 00) DOLLARS, I hereby release the
CITY OF DENTON from all claims arising from or connected with an
accidental injury or occupational disease alleged to have been
sustained by me in the course of my employment, on or about
December 16, 1986 Reference is made to the pleadings in the above
case and the documents filed with the Industrial Accident Board of
the State of Texas for a more complete description of the injuries
and disability claimed by me
Such amount should be apportioned by the Court between me and
my attorneys and on approval of this agreement by the Court, said
employer shall be fully released
It is further agreed that the liability of the City of Denton
is indefinite, uncertain, and is incapable of being satisfactorily
established, and that is true with reference to both compensation
and medical expenses I further understand and recognize that I am
entitled to a trial by jury to determine my rights under the
Worker's Compensation Act of the State of Texas, and such trial
might result in my recovery of no money, less money, or more money
than th-e amount for which I have agreed to settle I further
understand and recognize that in the event my condition should
worsen or I should require additional medical care, I can never
again under any circumstances come into this Court or any other
court and claim any money as a result of the above described
accident, but that this settlement forever bars any recovery
rights, actions or causes of action which I may have on account of
said accidental injury or occupational disease
In the event Plaintiff requires medical aid, hospital
services, nursing, chiropractic services, or medicines in the
future as a result of this injury, such services as are authorized
under the Worker's Compensation Law of Texas shall be furnished by
claimant, MELTON H WOODSON, except as provided herein
The City of Denton agrees to pay for reasonable and necessary
future hospital and medical expense as provided in Article 8306,
Section 7, and 7b, VATS, rendered by or at the direction of Dr
Danny K Corbitt of Denton, Texas, during a period of time
beginning May 8, 1991 and ending May 8, 1993
All past medical bills not previously agreed to by the City of
Denton and not paid at the time of or prior to entering into this
agreement are the responsibility of and Shall be paid by Melton H
Woodson
Further, it is expressly understood that this agreement fully
and completely releases any and all claims of bad faith that I may
have against the City of Denton, its agents, servants and/or
employees
I have read and fully understand this settlement agreement
which I hereby execute, and request the Court to approve I
further understand and express to the Court that this agreement may
AGREEMENT FOR JUDGMENT - Page 2
be filed- with the court papers, and considered along with any
testimony that I gave when I personally appeared and testified
Court costs shall be paid for by the City of Denton
WITNESS MY HAND this day of _
1991
MELTON H WOODSON
APPROVED
DON SNODGRASS
Bar No 18801400
MASON & SNODGRASS
8700 N Stemmons Freeway
Suite 300
Dallas, Texas 75247
(214) 631-0784
ATTORNEY FOR PLAINTIFF
AGREEMENT FOR JUDGMENT - Page 4
THE STATE OF TEXAS
COUNTY OF -L_-?LLLiM
BEFORE ME, the undersigned authority in and for said County
and State, on this day personally appeared MELTON H WOODSON 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 purposes and considerations therein expressed
GIVEN UNDER HAND AND SEAL OF OFFICE this l day of
1991
NOTA Y PU LIC, State o Texas
My Commission Expires
z o ~a LL
LnolMNNMIINY NYNWWYYYNN NY!!NN NWYW
AGREEMENT FOR JUDGMENT - Page A
No 88-2847-C
MELTON H
WOODSON
*
IN THE DISTRICT COURT OF
*
VS
*
DENTON COUNTY, TEXAS
*
CITY OF
DENTON
*
367TH JUDICIAL DISTRICT
JUDGMENT
ON
THIS 9Q
day of -
Y 1991, the
above ca
se came on
for hearing All parties appeared in person or
by their
attorneys
and announced that
this case has been settled
subject to approval of the Court and that a jury is waived
The Court, having heard testimony of the Plaintiff, and
considered the written settlement agreement filed with the papers
and the evidence in support thereof, finds the agreement fair and
in the best interest of all parties This settlement is approved
in its entirety
IT IS, THEREFORE, ORDERED that MELTON H WOODSON recover of
and from the CITY OF DENTON the total sum of SIXTEEN THOUSAND SEVEN
HUNDRED AND FIFTY AND NO1100 ($16,750 00) DOLLARS plus court costs
incurred This money shall be apportioned as follows
To Plaintiff, Melton H Woodson 1021.; S G 2( ffa
To his attorney, Don Snodgrass $ /00
/ d Q
The award of the Industrial Accident Board of the State of Texas
dated July 11, 1988 end having Board No 87-154934-N1 and styled
"Melton (H) Woodson vs City of Denton (self-insured)" is hereby
set aside
It appearing to the Court that simultaneously with the entry
of this Judgment, the above said amounts have 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
SIGNED this ~ day of , 1991
JUDGE PRESIDING
APPROVED
MASON & SNODGRASS
8700 N Stemmons Freeway
Suite 300
Dallas, Texas 75247
(214) 631-0784
DON SNODGRASS
State Bar No 18801400 v
ATTORNEYS FOR PLAINTIFF
HENDERSON BRYANT & WOLFE
500 Bank One Building
P 0 Box 239
Sherman, Texas 75091
(214 893-9421
I
Y
RICHARD HARRIS N,
State Bar No 119500
ATTORNEYS FOR DEFENDANT
b~..ry r-" e
No 90-50092-367
MELTON H WOODSON * IN THE I I'R'LCf--6G1[IRT OF
*
VS * DENTON COUNTY, TEXAS
CITY OF DENTON * 367TH JUDICIAL-DISTRICT
AGREEMENT FOR JUDGEMENT
~ h}
In consideration of the sum of SIXTEEN THOUSAND SEVEN HUNDRED
AND FIFTY AND N01100 ($16,750 00) DOLLARS, I hereby release the
CITY OF DENTON from all claims arising from or connected with the
accidental in3uries or occupational diseases alleged to have been
sustained by me in the course of my employment, on or about June 2,
1987 and on or about June 13, 1988 Reference is made to the
pleadings in the above case and the documents filed with the
Industrial Accident Board of the State of Texas for a more complete
description of the in3uries and disability claimed by me
Such amount should be apportioned by the Court between me and
my attorneys and on approval of this agreement by the Court, said
employer shall be fully released
It is further agreed that the liability of the City of Denton
is indefinite, uncertain, and is incapable of being satisfactorily
established, and that is true with reference to both compensation
and medical expenses I further understand and recognize that I am
entitled to a trial by ]ury to determine my rights under the
worker's Compensation Act of the State of Texas, and such trial
might result in my recovery of no money, less money, or more money
than the amount for which i have agreed to settle I further
understand and recognize that in the event my condition should
worsen or I should require additional medical care, I can never
again under any circumstances come into this Court or any other
court and claim any money as a result of the above described
accidents, but that this settlement forever bars any recovery
rights, actions or causes of action which I may have on account of
said accidental injuries or occupational diseases
In the event Plaintiff requires medical aid, hospital
services, nursing, chiropractic services, or medicines in the
future as a result of this injury, such services as are authorized
under the Worker's Compensation Law of Texas shall be furnished by
claimant, MELTON H WOODSON, except as provided herein
The City of Denton agrees to pay for reasonable and necessary
future hospital and medical expense as provided in Article 8306,
Section 7, and 7b, VATS, rendered by or at the direction of Dr
Kevin Gill of Dallas, Texas, during a period of time beginning May
8, 1991 and ending May 8, 1993
All past medical bills not previously agreed to by the City of
Denton and not paid at the time of or prior to entering into this
agreement are the responsibility of and shall be paid by Melton H
Woodson
Further, it is expressly understood that this agreement fully
and completely releases any and all claims of bad faith that I may
have against the City of Denton, its agents, servants and/or
employees
I have read and fully understand this settlement agreement
which I hereby execute, and request the Court to approve I
further understand and express to the Court that this agreement may
AGREEMENT FOR JUDGMENT - Page 2
be filed with the court papers, and considered along with any
testimony that I gave when I personally appeared and testified
court costs shall be pays/d for by the City of Denton
WITNESS MY HAND this 0 ~ day of OVA,
1991
2~ 31011
MELTON H WOODSON
APPROVED
DON SNODGRASS
Bar No 18801400
MASON & SNODGRASS
8700 N Stemmons Freeway
Suite 300
Dallas, Texas 75247
(214) 631-0784
ATTORNEY FOR PLAINTIFF
AGREEMENT FOR JUDGMENT - Page 3
THE STATE OF TEXAS
COUNTY OF W t a'
$EFORE ME, the undersigned authority in and for said County
and State, on this day personally appeared MELTON H WOODSON 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 purposes and considerations therein expressed
GIVEN UNDE HAND AND SEAL OF OFFICE this day of
1991
vulk/ NOTARY I?LtLIC, State Texas
My Commission Expires
z /ay /5
Y1~~Y yYYY\YY1yrYYYYYYYYIryYY YI IY1y
~~A LYNN PRYI N7'
,r Ma4+Y Pubbq Style o~Traces
Y omm. Pxpuof 10.20.92
Yr""°"'Y'Ymnr
AGREEMENT FOR JUDGMENT - Page 4
No 90-50092-367
MELTON H WOODSON * IN THE DISTRICT COURT OF
VS * DENTON COUNTY, TEXAS
CITY OF DENTON * 367TH JUDICIAL DISTRICT
JUDGMENT
ON THIS day of i 1991, the
above case came on for hearing All p ties appeared in person or
by their attorneys and announced that this case has been settled
subject to approval of the Court and that a jury is waived
The Court, having heard testimony of the Plaintiff, and
considered the written settlement agreement filed with the papers
and the evidence in support thereof, finds the agreement fair and
in the best interest of all parties This settlement is approved
in its entirety
IT IS, THEREFORE, ORDERED that MELTON H WOODSON recover of
and from the CITY OF DENTON the total sum of SIXTEEN THOUSAND SEVEN
HUNDRED AND FIFTY AND N01100 ($16,750 00) DOLLARS plus court costs
incurred This money shall be apportioned as follows
To Plaintiff, Melton H Woodson $ 1.21l -S6`.2 Iro
To his attorney, Don Snodgrass $ Y /00 7 ,5-00
The award of the Industrial Accident Board of the State of Texas
dated January 17, 1990 and having Board No 87-168085-D4 and styled
"Melton (H ) Woodson vs City of Denton (Self-Insured)" and the
award of the Industrial Accident Board of the State of Texas dated
January 26, 1990 and and having Board No 88-113525-N1 and styled
"Melton (H ) Woodson vs City of Denton (Self-Insured)" are hereby
set aside
It appearing to the Court that simultaneously with the entry
of this Judgment, the above said amounts have 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
SIGNED this day of 1991
JUDGE PRESIDING
APPROVED
MASON & SNODGRASS
8700 N Stemmons Freeway
Suite 300
Dallas, Texas 75247
(214) 631-0784
By ~v\ G1 u ~c
DON SNODGRASS
State Bar No 18801400
ATTORNEYS FOR PLAINTIFF
HENDERSON BRYANT & WOLFE
500 Bank One Building
P O Box 239
Sherman, Texas 75091
(2y4) 893-9421
By
'RICHARD HARRISO
State Bar No 09,119500
ATTORNEYS FOR DEFENDANT