1990-113ORDINANCE NO. D-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE
SETTLEMENT RELEASE AND DISMISSAL WITH PREJUDICE OF ALL PENDING AND
FUTURE CLAIMS FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND
LAURA RICHARDSON, ET AL; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the attached Compromise Settlement Release
and Dismissal with Prejudice of all Pending and Future Claims
between the City of Denton and Laura Mae Richardson (Estate of
Larry Champion), providing for the settlement and compromise of the
litigation now pending between the parties before the United States
District Court for the Eastern District of Texas, Sherman Division
in Civil Action No. C-90-78-CA, is approved in accordance with its
terms. The City Manager is authorized to execute the agreement 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 the ,day of August, 1990.
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED A TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION C! fill ? ^ r n. ~r
LAURA MAE RICHARDSON, * -
INDIVIDUALLY, AND AS
REPRESENTATIVE OF THE ESTATE OF*
LARRY D. CHAMPION and CYNTHIA
LUSTER AS NEXT FRIEND OF
WILLIAM LUSTER, A MINOR CHILD * CIVIL ACTION NO. S-90-76-CA
*
VS.
*
THE CITY OF DENTON, TEXAS and
CRAIG FITZGEARLD
STIPULATION FOR JUDGMENT
KNOW ALL MEN BY THESE PRESENTS:
That it is agreed by and between Plaintiffs, LAURA MAE
RICHARDSON, INDIVIDUALLY, AND AS REPRESENTATIVE OF THE ESTATE OF
LARRY D. CHAMPION and CYNTHIA LUSTER, INDIVIDUALLY AND AS NEXT
FRIEND OF WILLIAM LUSTER and WILLIAM LUSTER, ACTING HEREIN BY
AND THROUGH HIS GUARDIAN AD LITEM, duly appointed by the Court
and Defendants, THE CITY OF DENTON, TEXAS, and CRAIG FITZGEARLD,
individually and in his official capacity as a member, of the
Police Department of the City of Denton, as follows:
1. Defendants will pay to Plaintiffs the total aggretate
sum of Eighty-two Thousand Five Hundred and NO1100 Dollars
($82,500.00), said sum of Eighty-two Thousand Five Hundred and
N01100 Dollars ($82,500.00) to be apportioned to the respective
parties as the Court deems just and fair.
2. For and in consideration of said payment, LAURA MAE
RICHARDSON, INDIVIDUALLY, AND AS REPRESENTATIVE OF THE ESTATE OF
STIPULATION FOR JUDGMENT... PAGE 1
LARRY D. CHAMPION and CYNTHIA LUSTER, INDIVIDUALLY AND AS NEXT
FRIEND OF WILLIAM LUSTER and WILLIAM LUSTER, ACTING HEREIN BY
AND THROUGH HIS GUARDIAN AD LITEM, have agreed and do agree to
and with the Defendants, that the sum so paid shall be in full
and final satisfaction and compromise of all actions, causes of
action, claims (including subrogation claims), and demands, on
account of or in any way growing out of any and all personal
injuries, death, intentional misconduct, violation of
constitutional and statutory rights, breach of any duty of good
faith and fair dealing, damage to reputation, pain and
suffering, grief, bereavement, loss of consortium and
companionship, mental anguish, loss of earning capacity, loss of
wages, profits and money, damage to and taking of property, and
all other damages whether known or unknown and whether
heretofore asserted or not, owned or possessed by any of said
Plaintiffs against Craig Fitzgearld, his family, relatives,
insurers, and attorneys, or against the City of Denton, its
officers, elected officials, employees, agents, insurers, and
f 611,
attorneys, growing out of or in any way connected with the death
of Larry D. Champion or the investigation ofA said death which 4ic
occurred on or about November 4, 1989, all as more fully
described in Plaintiffs' pleadings on file herein, to which
reference is made for more complete description. Plaintiffs do
hereby agree to indemnify and save harmless the said Craig
Fitzgearld and the City of Denton of and from all further
claims, demands, costs, or expenses arising out of the injuries
STIPULATION FOR JUDGMENT... PAGE 2
IA~
and damages sustained by--:-E as a result of said death of q4~
a4d EV"4 45 IMC11V-7
Larry D. Champion and the investigation ofA said death, whether
included in a claim for damages under the Wrongful Death or
Survival Statutes (Tex. Civ. Prac. & Rem. Code §71.001 etc.) or
under some other statute or common law.
3. The undersigned Plaintiffs understand and agree that
the amount paid under this Stipulation for Judgment is in full
satisfaction for all damages arising on account of the above
described incident and that they will receive no further sums of
money therefrom. The undersigned Plaintiffs agree not to assert
or prosecute any further claims or lawsuits 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 hereby assigned in
full to the parties hereby released.
4. It is expressly understood and agreed that Laura Mae
Richardson has already paid, or will pay out of the
aforementioned sum, all medical, doctors', and hospital charges
recei in the past or to be jncurred in the future by Larry D.
Cham ion andAwill defend, indemnify, and hold harmless the said
Defendants and their insurers of and from any claims for such
charges, especially with reference to any liens under the Texas
Hospital Lien Law.
5. The undersigned Plaintiffs, for the consideration
hereinabove expressed, represent and agree that this Stipulation
for Judgment is in compromise of and is a full accord and
STIPULATION FOR JUDGMENT... PAGE 3
satisfaction of, a disputed claim. Plaintiffs represent and
warrant that William Luster is the only child of Larry D.
Champion and that William Luster is the only heir of the
deceased, Larry D. Champion.
6. This 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 best interest and said parties do further request
approval of the Stipulation for Judgment by this Court.
7. Plaintiffs hereby represent to Defendants and to the
Court that no promises, representations or agreements not set
out herein have been made to them; that this 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 of the
injuries, damages and/or legal liability therefore, but that
this Stipulation for Judgment is made of their own free will and
accord after consulting with and acting upon the advice of their
attorneys.
THE PROVISIONS OF THIS STIPULATION FOR JUDGMENT ARE
CONTRACTUAL AND NOT MERE RECITALS.
STIPULATION FOR JUDGMENT... PAGE 4
WITNESS our hands this Z.ls_
Laura Mae Richard~On
zi A
' teem,
I=EED
day of vl 1990.
P50
e2 14 ~L
Cyn hia Luster
Tom A. Boardman,
Attorney for Plaintiffs
Ronald H. Clark,
Attorney for Defendant, City
of I~ton 11 ,Iron Johnson
Attorney fo,Defendant,
Craig Fitzgearld
THE STATE OF TEXAS )
COUNTY OF DENTON )
T is instrument was
My COMMISSION EXPIRES
April 22
THE STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was
of ~1990, by
LORI BENTLEY
• MV COMMISSION EXPIRES
.e.
s t April 22, 1994
by Laura Mae Ri ardson.
> LORI BENTLEY
I5
' " ,
1994
Notary Public-State of Texas
acknowledged before me on the Z1S~' day
A-n
acknowledged before me on the CIS day
Cynthia Luster.
n
Notary Public-State of exas
STIPULATION FOR JUDGMENT... PAGE 5
THE STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowle ged before me on the Z4_~41 day
of , 1990, by .~~eu ;Haar as Guardian Ad
Litem on behalf of William Luster.
NYr' i''
Es,.
BENTLEY
MV OOM4f19810N EXPIRES
A061 22, 1994
Notary Public-State o Texas
STIPULATION FOR JUDGMENT... PAGE 6
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
LAURA MAE RICHARDSON,
INDIVIDUALLY, AND AS
REPRESENTATIVE OF THE ESTATE OF*
LARRY D. CHAMPION and CYNTHIA
LUSTER AS NEXT FRIEND OF
WILLIAM LUSTER, A MINOR CHILD
*
VS.
*
THE CITY OF DENTON, TEXAS and
CRAIG FITZGEARLD
F1Lrr-- D
U S ~ISiRICT COURT
I4LSfERN JISTRI_, L'c ,E.:AS
UL, ?L 1
.IiURRAY L HARRIS. CLERK
BY
DEPUTY
CIVIL ACTION NO. S-90-76-CA
JUDGMENT
On this 201/.l day of `7"/7 , 1990, came on to
be heard in open Court the above entitled and numbered cause.
All parties having announced ready for trial and the minor
Plaintiff appearing by and through his 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 matter 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 Stipulation for Judgment filed in this cause.
By the terms of this Stipulation, Defendants, The City of Denton
and Craig Fitzgearld, have agreed to pay to Plaintiffs, Laura
Mae Richardson, Individually and as Representative of the Estate
of Larry D. Champion, and Cynthia Luster, Individually and as
Next Friend of William Luster, a Minor Child, and William
Luster, acting by and through his Guardian ad litem, the total
JUDGMENT... PAGE 1
aggregate sum of Eighty-two Thousand Five Hundred and N01100
Dollars ($82,500.00), and the Plaintiffs, Laura Mae Richardson,
Individually and as Representative of the Estate of Larry D.
Champion, and Cynthia Luster, Individually and as Next Friend of
William Luster, a Minor Child, and William Luster, acting by and
through his Guardian ad litem, have agreed to fully release,
discharge and acquit Defendants, Craig Fitzgearld, individually
~R
and in his official capacity as a member of the Police
Department of the ~Cj~ityt of enton,TA/ n~~/ n he City of Denton, its
L+R iilt~^~S I ' N •j~,N„+ Y~ICIAL 0Nc/ /NCB 1iI ~Na.~ ~Ar,4l.
officers, elected office s,y~ and employees ,1 from any and all
7A
claims arising from the death of Larry D. ,Champion a the
h4, q,~~ q,,,u.lg 14AL.9+,+, IrAr3 /e' v- L. L
investigation of A said death, which occurred on o about
November 4, 1989, and which is more particularly described in
said Agreement 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 opinoin and finds as a fact that the Stipulation for
Judgment as above described is in all things fair and just and
should be by this Court approved.
The court finds that the total aggregate sum of Eighty-two
Thousand Five Hundred and N01100 Dollars ($82,500.00) should be
and hereby ORDERS that it be apportioned between the Plaintiffs
as follows:
To Laura Mae Richardson, Individually
and as Representative of the Estate of ~s Z S, OD
Larry D. Champion $
To Cynthia Luster $ J
JUDGMENT... PAGE 2
To William Luster $ /~Z 2✓ U U
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 $ ~4; yta 1 deco
It is further ORDERED by the Court that the sum of
$ Z 2 awarded to William Luster shall be paid by said
Defendants into the Registry of the Court for the use and
benefit of said minor Plaintiff. The Clerk is hereby directed
to pay the sum awarded to the minor to such person as executes a
bond in the amount and conditioned 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
Defendants 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 death of Larry D.
Champion.
It is further ORDERED by the Court that all other relief
prayed fcr herein by any party hereto and not expressly above
granted is denied, and that costs of Court are taxed to the
party incurring the same.
Signed this Z d/< day of ✓ "~y 1990.
Judge Presiding
JUDGMENT... PAGE 3
APPROVED:
A. Boardman
Attorney for Plaintiffs
Gu~rd~i pin ~t Li em
Ronald H. Clark
Attorney for Defendant,
Citv of Denton
I /
IRon Johnson
Attorney for•Defendant,
Craig Fitzgearld
JUDGMENT... PAGE 4
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
LAURA MAE RICHARDSON,
INDIVIDUALLY, AND AS
REPRESENTATIVE OF THE ESTATE OF*
LARRY D. CHAMPION and CYNTHIA
LUSTER AS NEXT FRIEND OF
WILLIAM LUSTER, A MINOR CHILD
*
VS.
*
THE CITY OF DENTON, TEXAS and
CRAIG FITZGEARLD
CIVIL ACTION NO. S-90-76-CA
RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That I, the undersigned, LAURA MAE RICHARDSON, INDIVIDUALLY
AND AS REPRESENTATIVE OF THE ESTATE OF LARRY D. CHAMPION, for
and in consideration of the sum of OF~2S - ~ V E
(ZN ~ j ~.~t ~ - ` ~t u ~ ~ Ge.Q.a ct S ( S S , 2 ~ J'r v v )
cash to me in hand paid, receipt of which is hereby acknowledged
and confessed, do hereby for myself, my heirs, representatives
and assigns, forever release, discharge, and acquit THE CITY OF
DENTON, TEXAS, its officers, elected officials, employees,
agents, insurers, and attorneys, and CRAIG FITZGEARLD, his
family, relatives, insurers, and attorneys, of and from any and
all claims, suits, actions, causes of action, demands, damages,
costs, expenses, and compensation growing out of, or arising
from, the death of Larry D. Champion or the investigation of
said death which occurred on or about November 4, 1989, or from
any other event which occurred prior to the date of this
RELEASE... PAGE 1
r
release; and I do further in consideration of such payment
release, discharge, and acquit the City of Denton, Texas, its
officers, elected officials, employees, agents, insurers, and
attorneys, and Craig Fitzgearld, his family, relatives,
insurers, and attorneys, of and from any and all claims under
the Judgment heretofore rendered in this cause; and I do here
and now declare such Judgment, as to the recovery awarded to me,
to have been fully paid, discharged,
WITNESS MY HAND this Z kl day
IL~UR-~~-~f~
Laura
and as
Estate
and satisfied.
of `1 1 1990.
Aae Richardson, Individually
Representative of the
of Larry D. Champion
APPROVED:
2L, 'j
Tom A. Boardman
Attorney for Plaintiffs
THE STATE OF TEXAS )
COUNTY OF DENTON )
This -instrument was acknowledged before me on the 4;05+ day
of 1990, by Laura Mae Richardson,
Individually and as Representative of the Estate of Larry D.
Cham ion.
LORI BENTLEY
MY COMMISSION EXPIRES
April 22, 1994
No ary Public State o Texas
RELEASE... PAGE 2
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
LAURA MAE RICHARDSON,
INDIVIDUALLY, AND AS
REPRESENTATIVE OF THE ESTATE OF*
LARRY D. CHAMPION and CYNTHIA
LUSTER AS NEXT FRIEND OF
WILLIAM LUSTER, A MINOR CHILD
*
VS.
THE CITY OF DENTON, TEXAS and
CRAIG FITZGEARLD
CIVIL ACTION NO. S-90-76-CA
RECEIPT
KNOW ALL MEN BY THESE PRESENTS:
That I, Clerk of the United States District Court for the
Eastern District of Texas, do hereby acknowledge receipt of the
sum of Z Z f O U paid to me by Defendants, City of
Denton and Craig Fitzgearld, for the use and benefit of William
Luster, a minor, in the above styled and numbered cause, being
the identical sum of money awarded to said William Luster in a
Judgment heretofore rendered in the above styled and numbered
cause, and I do here and now declare said Judgment to have been
paid in full and fully satisfied as far as the award to said
Plaintiff is concerned.
v
Dated 1990.
MURRAY L. HARRIS, CLERK
United States District Clerk for
the Eastern District of Texas
By:
Deputy