1990-096 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE
SETTLEMENT AND RELEASE OF ALL CLAIMS FOR PENDING LITIGATION BETWEEN
THE CITY OF DENTON AND DOROTHY PERRY; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the attached Agreement For Judgment and
Release of All Claims between the city of Denton and Dorothy Perry,
providing for the settlement and compromise of the litigation now
pending between the parties before the 211th Judicial District
Court of Denton County, Texas in Cause No. 89-0015-C, 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 /OC~ day of ~ , 1990.
BOB CASTLEBERRY, MAYOR
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
NOTE: ORIGINAL ORDINANCE HAS COPIES OF ATTACHMENTS WITH SIGNATURES.
NO. 89-0015-C
DOROTHY PERRY, Individually * IN THE DISTRICT COURT OF
and as Administratrix of *
the ESTATE OF I~ICKY DEAN *
ROPER, and as Next Friend *
and on Behalf of WADE ROPER *
and D~RRA KAY MULKEY *
VS. * DENTON COUNTY, TEXAS
SAMMONS COMMUNICATIONS, INC. *
and THE CITY OF DENTON d/b/a *
DENTON UTILITIES * 211TH JUDICIAL DISTRICT
AGREEMENT FOR JUDGMENTANDRELEASE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, DORfFI"~Y P~RY, Individually and as Administratrix
of the Estate of RICKY DEAN ROP~K, and as Nex~t Friend and on
Behalf of WADE ROPER, a Minor; and DRRRA KAY MUI~KEY, hereinafter
Plaintiffs, have filed suit in the above entitled and numbered
cause to recover damages allegedly sustained by them of and from
Defendants Sammons Communications, Inc. and The city of Denton
d/b/a Denton Utilities hereinafter Defendants, as is more fully
shown by the pleadings on file herein, reference to which is here
made for the purpose of showing the claims asserted by Plaintiffs
against Defendants; and
WHEREAS, the Court has appointed R. WILLIAM WOOD as
Guardian Ad Litem to represent the Minor Plaintiff in the
prosecution of his cause of action herein; and
AG~FMENT FOR JUDGMENT AND RELEASE - Page 1
WHEREAS, th4 said Defendants have denied, and do now deny,
that the accident made the basis of Plaintiffs' lawsuit was in
any way attributable to the Defendants' negligence and/or f~ult;
and
WHEREAS it is the desire of all parties to compromise and
settle all things and matters in dispute among them in order to
avoid further expense, inconvenience, uncertainty of the outcome
of litigation and unnecessary litigation;
NOW, THEREFORE, DOROTHY PERRY, Indi¥idually and as
Administratrix of the Estate of ]{ICKY DEAN ROPER, and as Next
Friend and on Behalf of WADE ROPER and DEBRA KAY MULKEY for and
in consideration of the sum of THREE THOUSAND FIVE HUNDR~ AND
NO/100 ($3,500.00) to be paid on behalf of Defendant Sammons
Communications, Inc. and all cost of Court to be paid as herein
provided, and ONE THOUSAND AND NO/100 DOTWJ%RS ($1,000.00) to be
paid by or on behalf of The City of Denton d/b/a Denton Utilities
have released and do release and discharge SAMMONS
COMMUNICATIONS, INC., and THE CITY OF DENTON D/B/A DENTON
UTILITIES, their insurance carriers, agents, employees, assigns,
representatives, indemnitors and any and all other persons,
firms, parties and corporations that might be in privity with
them, whether named herein or not, all and each of them, from any
and all claims, demands, actions or causes of action, or suits of
whatsoever nature, which DOROTHY PERRY; Individually and as
Administratrix of the Estate of RICKY DEAN ROPER, and as Next
Friend and on Behalf of WADE ROPER; and D~RA KAY MULKEY now
AGRE]9{ENT FOR JUDGMENT AND RELEASE - Page 2
have, or in th~ future may have, for injuries and damages
resulting to such Plaintiff and the Minor Plaintiff, allegedly
received and arising out of an alleged fall of Ricky Dean Roper
which occurred on September 19, 1988, at or near the corner of
Wilson near the Martin Luther King Recreation Center,
~a~as County, Texas.
Plaintiffs and Guardian Ad Litem for and on behalf of the
Minor Plaintiff warrant and represent that they fully understand
that upon the approval of the Court of this Agreement for
Judgment and Release, and that upon entry of judgment in
accordance therewith, and payment by the Defendants of the total
sum of $3,500.00 plus court costs to be paid on behalf of Sammons
Communications, Inc. and $1,000.00 to be paid on behalf of The
city of Denton, that defendants, their insurance carriers,
employees, agents, assigns, representatives, indemnitors, and any
and all other persons, firms and corporation in privity with the
defendants will be fully and forever released from any and all
claims, demands or suits of whatever nature which Dorothy Perry,
Individually and as Administratrix of the Estate of RICKY DEAN
ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA
KAY MULKEY, or any of them, now have or in the future may have as
a result of the incident above mentioned.
It is further agreed that defendants have not assumed any
liability for any medical aid, hospital bills, doctor bills or
any other expenses resulting from the injuries to the deceased
Ricky Dean Roper, and plaintiffs agree to hold defendants
AGREEM]~T FOR JUDG~f~NT~~SE - Page 3
harmless from a~y claimed liability against defendants for any
such expenses.
Further, for the same aforesaid consideration, DOROTHY
PERRY, Individually and as Administratrix of the Estate of RICKY
DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and
DEBRA KAY MULKEY agree to fully and completely indemnify and
hold harmless SAMMONS COMMUNICATIONS, INC. and The City of Denton
d/b/a Denton Utilities and their insurance carrier, employees,
agents, assigns, representatives, indemnitors and any and all
other persons, firms, parties and corporations that might be in
privity with the defendants, whether named herein or not, all and
each of them, of and from all future claims, demands, actions or
causes of action, including but not limited to legal fees, court
costs, and reasonable and necessary expenses, costs of
investigation and preparation of defense, and judgments, if any,
stemming from any future claim or claims that may ever be brought
by DOROTHY PERRY, Individually and as Administratrix of the
Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of
WADE ROPER; and DRRRA KAY MULKEY and arising out of the
aforementioned incident; and from any future claim or claims for
contribution, indemnity, credits and/or set-offs that ever might
be asserted or pursued by any third parties against SAMMONS
COMMUNICATIONS, INC. and THE CITY OF DENTON D/B/A DENTON
UTILITIES as a result of any claim or claims brought by or on
behalf of the above named Plaintiffs by reason of or based on the
above described occurrence.
AGREF~[ENT FOR JUDGMElq~ AND RELEASE - Page 4
Plaintiffs further warrant and represent that they have
entered into this Agreement for Judgment and Release acting upon
their own knowledge and information, and that no other promises,
representations or inducements have been made or given them by
the said defendants, or any servant, agent, representative.,
employee or attorney acting on behalf of the defendants, except
as specifically set forth herein.
WITNESS OUR HANDS, this the ~.~ day of ~ ,
1990.
.'; " '
DOROTHY P~, Ind~idually
and as Adm~nistratrix of the
Estate of RICKY DEAN ROPER,
and as Next Friend and on
Behalf of WADE
GUARDIAN AD LITEM FOR MINOR
PLAINTIFF, WADE ROPER
FOR JUDGMEN~ AND RELEASE - Page 5
APPROVED:
//'...-' // - /.- .~>
.,,~,-' ,/,: ,, - .. /
MARTI{A L. RUSSRLL
ATTORNEY FOR DEFENDANT
SAMMONS COMMUNICATIONS, INC.
A~tC~ornh~ey for D efe}I' l~J~EYndant
The city of Denton
AGREEMENT FOR JUDGMENT AND RELEASE - Page 6
THE STATE OF TEXA~ )
)
COUNTY OF DALLAS )
BEFORE ME, the undersigned authority, on this day personally
appeared DOROTHY PERRY, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me
that she executed the same for the purpose and consideration
therein stated, and in the capacity as set forth above.
DOROTHY ' PERRY, ..Individually
and as Administratrix of the
Estate of RICKY DEAN ROPER,
and as Next Friend and on
Behalf of WADE ROPER
SUBSCRIBED AND SWORN TO BEFORE ME, on this the 4]~ day of
Nota~- Pulsl±C-~±n~'hnd for
the State of Texas
AGR~RMENT FOR JUDGMENT AND RELEASE - Page 7
THE STATE OF TEX~S )
)
COUNTY OF DALLAS )
BEFORE ME, the undersigned authority, on this day personally
appeared DEBRA KAY MULKEY, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that she executed the same for the purpose and
consideration therein stated, and in the capacity as set forth
above.
SUBSCRIBED AND SWORN TO BEFORE ME, on this the ~ day of
19 9 0. ,.'.~'
, ~ '!%'~"% LEE LIPSCOMB
Il '...?~'~'~'{~.." , d ne 21, 1993
Notary l~blic i-n ~.lad for
the State of Texas
AGREEMEN~ FOR JIR~GM~"P AND RELEASE - Page 8
DOROTHY PERRY, Individually S IN THE DI~TR~,'CT
and as Administratrix of S
~he ESTATE OF RICEY DEAN S ["%~" ....
ROPER, and as Next Friend
and on Behalf of WADE ROPER S
and DEBRA KAY MULKEY S DENTON COUNTY, TEXAS
VS.
SAMMONS COMMUNICATIONS, INC.
and ~ CITY OF DENTON d/b/a S
DENTON UTILITIES ~ 211TH JUDICIAL DISTRICT
FINAL JUDGNRNT
. On this day came on to be heard the above entitled and
numbered cause, and came Plaintiffs, DOROTHY P~KRY, Individually
and as Administratrix of the Estate of RICKY DEAN ROPER, and as
Next Friend and on Behalf of WADE ROP~K and DRamA KAY M[~KEY
through their attorney of record, and came Defendants SAMMONS
COMMUNICATIONS, INC. AND THE CITY OF DENTON, D/B/A DENTON
UTILITIES, appearing by their attorney, and R. WIT.T.IAM WOOD,
GUARDIAN AD LITEM, also appeared, and it was announced to the
Court that a compromise had been reached, subject to the approval
of the Court, by the terms of which Defendants Sammons
Communications, Inc. agreed to pay $3,500.00, and The City of
Denton d/b/a Denton Utilities agreed to pay to the plaintiffs the
total sum of $1,000.00 with defendant Sammons Communications,
Inc. to pay the costs of court and the Guardian Ad Litem fees;
and
-' ~2~ '
FINAL JUDGMENT - Page 1 ¢ '~
The Court finding that there is a potential conflict of
interest between DOROTHY PERRY, Individually and as
Admin~stratrix of the Estate of RICKY DEAN ROPER, and as Next
Friend and on Behalf of WADE ROPER as to the apportionment of the
recovery herein;
Therefore, the Court has previously appointed R. WILLIAM
WOOD, a practicing attorney of Denton County, Texas, as Guardian
Ad Litem to represent the interest of such minor plaintiff, and
it is now ordered that R. William Wood be awarded the sum of
$500.00 for his services, which amount is taxed as costs to be
paid .by the defendant Sammons Communications, Inc.; and
Said Guardian Ad Litem having asked for and received a
reasonable time to acquaint himself with 'the facts and the law
herein, and after such study and deliberation, reported back to
the court that in his opinion this is a case in which there is a
dispute as to liability, and that in his opinion the agreement of
settlement herein outlined is just and fair under the
circumstances and should be approved; and
The Court having read the pleadings in this case, and having
heard full testimony, finds that this is a case of disputed legal
liability and there is further dispute as to the extent of
damages to which minor plaintiff is entitled, if any, and finds
that the agreement of settlement, entitled Agreement for Judgment
and Release, which is filed along with this Final Judgment,
should be approved, and said agreement is hereby approved; and
FINAL JUDGMeNT - Page 2
IT IS ORDERED, ADJUDGED AND DECREED by the Court that the
minor plaintiff do have and recover of and from Defendants
Sammons Communications, Inc. and The City of Denton d/b/a Denton
Utilities, the total sum of $4,500.00, said sum to be paid by
defendants as follows:
(1) Sammons Communications, Inc. shall pay to DOROTHY
PERRY, Individually and as Administratrix of the Estate
of RICKY DEAN ROPER, and as N~xt Friend and on Behalf
of WADE ROPER; and DEBRA KAY ~uhKEY the total sum of
THREE THOUSAND FIVE HUNDRED AND NO/100 ($3,500.00).
Dorothy Perry shall pay the fees and expenses of her
attorney from the above referenced sum.
~ (2) The City of Denton d/b/a Denton Utilities shall pay to
DOROTHY PERRY, Individually and as Administratrix of
~he Estate of RICKY DEAN ROPER, and as Next Friend and
on Behalf of WADE ROPER; the total sum of ONE THOUSAND
AND NO/100 ($1.000.00). Dorothy Perry shall pay the
fees and expenses of her attorney from the above
referenced sum.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court
that defendants, having duly paid said judgment and discharged
same in its entirety, and having paid the Guardian Ad Litem fee,
will stand fully released and forever discharged of and from any
and all liability whatsoever to DOROTHY PERRY, Individually and
as Administratrix of the Estate of RICKY DEAN ROPER, and as Next
Friend and on Behalf of WADE ROPER; and D~RA KAY MULKEY or
FINAL ~ - Page 3
either of them, in any capacity, upon any demands, claims or
causes of action of whatever nature whether known or unknown
arising out of or based upon the injuries to such persons under
the facts set forth in Plaintiffs' Original Petition herein; and
it is
IT IS FURTHER ORDERED by the Court, in accordance with the
agreement of the parties, that the making of such settlement
being for the purposes of avoiding further time, trouble and
expense of investigation and litigation, does not constitute an
admission of liability on the part of defendants as to any cause
of action.
All relief not here and granted is denied.
JUDG SIDING ...... -~
We, the undersigned, agree to the entry of this Judgment,
and move and request the Court to enter such Judgment.
and as ~'n~ istratrix of the '-
Estate of RIC~Y DEAN ROPER,
and as Next Friend and on Behalf of
WADE ROPER
FINAL ~ - Page 4
x~, ,,,,,.)~,,~ ,45,.,,_.,,7'/x, 4,xz,./__.,
GUARDIA/4 AD LITEM
FOR THE MINOR PLAINTIFFS,
WADE ROPER AND DEBRA KAY MULKEY ~
APPROVED AND AGREED TO:
MICHA~. R. LIP$~OMB
ATTORNEY FOR P/~AINTIFFS
NARTHA L. RU$$Rr.r.
ATTORNEY FOR DEFENDANT
SAMMONS COMMUNICATIONS, INC.
D/B/A DENTON UTILITIES
FINAL JUDGNRNT - Page 5
NO. 89-0015-C
DOROTHY PERRY, Individually * IN THE DISTRICT COURT OF
and as Administratrix of *
the ESTATE OF RICKY DEAN *
ROPER, and as Ne~_~t Friend *
and on Behalf of WADE ROPER *
and D~RRA KAY ~ *
*
VS. * DENTOn[ COUNTY, TEXAS
*
SAMMONS COMMUNICATIONS, INC. *
and THE CITY OF DENTON d/b/a *
DEtF~ON UTILITIES * 211TH JuuICIAL DISTRI~k
AGREEMENT FOR ~ AND RELEASE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, DOROTHY PERRY, Individually and as Administratrix
of the Estate of RICKY DEAN ROPER, and as Next Friend and on
Behalf of WADE ROPKK, a Miner; and DEBRA KAY NUtdi~)[, hereinafter
Plaintiffs, have filed suit in the above entitled and numbered
cause to recover damages allegedly sustained by them of and from
Defendants Sammons Communications, Inc. and The City of Denton
d/b/a Denton Utilities hereinafter Defendants, as is more fully
shown by the pleadings on file herein, reference to which is here
made for the purpose of showing the claims asserted by Plaintiffs
against Defendants; and
WHEREAS, the Court has appointed R. WILLIAM WOOD as
Guardian Ad Litem to represent the Minor Plaintiff in the
prosecution of his cause of action herein; and
AGREEMRNT FOR JUDGNI~N~-T AND RELEASE - Page 1 !~ JUN
WHEREAS, the said Defendants have denied, and do now deny,
that the accident made the basis of Plaintiffs' lawsuit was in
any way attributable to the Defendants' negligence and/or fault;
and
WHEREAS, it is the desire of all parties to compromise and
settle all things and matters in dispute among them in order to
avoid further expense, inconvenience, uncertainty of the outcome
of litigation and unnecessary litigation;
NOW, THEREFORE, DOROTHY PERRY, Individually and as
Administratrix of the Estate of RICKY DEAN ROPER, and as Next
for and
· a
Frlen and ob Behalf of WADE ROPER and DEBRA KAY MULKEY
in consideration of the sum of THREE THOUSAND FIVE HUNDRED AND
NO/100 ($3,500.00) to be paid on behalf of Defendant Sammons
Communications, Inc. and all cost of court to be paid as herein
provided, and ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) to be
paid by or on behalf of The city of Denton d/b/a Denton Utilities
have released and do release and discharge SAM~ONS
COMMUNICATIONS, INC., and THE CITY OF DENTON D/B/A DENTON
UTILITIES, their insurance carriers, agents, employees, assigns,
representatives, indemnitors and any and' all other persons,
firms, parties and corporations that might be in privity with
them, whether named herein or not, all and each of them, from any
and all claims, demands, actions or causes of action, 0~ suits of
whatsoever nature, which DOROTHY PEltRY; Individually and as
Administratrix of the Estate of RICKY DEAN ROPER, and as Next
Friend and on Behalf of WADE ROPER; and DEBRA KAY 14~L~'~ now
AGREEME~ FOR J~)GMEN~ANDRR~.EASE - Page 2
have, or in the future may have, for injuries and damages
resulting to such Plaintiff and the Minor Plaintiff, allegedly
received and arising out of an alleged fall of Ricky Dean Roper
which occurred on September 19, 1988, at or near the corner of
Wilson near the Martin Luther King Recreation Center, ~%~t~
a~s county, Texas.
Plaintiffs and Guardian Ad Litem for and on behalf of the
Minor Plaintiff warrant and represent that they fully understand
that upon the approval of the Court of this Agreement for
Judgment and Release, and that upon entry of judgment in
accordance ~therewith, and payment by the Defendants of the total
sum of $3,500.00 plus court costs to be p~id on behalf of Sammons
Communications, Inc. and $1,000.00 to be paid on behalf of The
City of Denton, that defendants, their insurance carriers,
employees, agents, assigns, representatives, indemnitors, and any
and all other persons, firms and corporation in privity with the
defendants will be fully and forever released from any and all
claims, demands or suits of whatever nature which Dorothy Perry,
Individually and as Administratrix of the Estate of RICKY DEAN
ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA
KAY MULKEY, or any of them, now have or in the future may have as
a result of the incident above mentioned.
It is further agreed that defendants have not assumed any
liability for any medical aid, hospital bills, doctor bills or
any other expenses resulting from the injuries to the deceased
Ricky Dean Roper, and plaintiffs agree to hold defendants
AGPREMENT FOR JUDGMENT AND R~.EASE - Page 3
harmless from any claimed liability against defendants for any
such expenses.
Further, for the same aforesaid consideration, DOROTHY
PERRY, Individually and as Administratrix of the Estate of RICKY
DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and
DEBRA KAY MULKEY agree to fully and completely indemnify and
hold harmless SAMMONS COMMUNICATIONS, INC. and The city of Denton
d/b/a Denton Utilities 'and their insurance carrier, employees,
agents, assigns, representatives, indemnitors and ~ny and all
other persons, firms, parties and corporations that might be in
priv~ty with the defendants, whether named herein or not, all and
each of them, of and from all future claims, demands, actions or
causes of action, including but not limited to legal fees, court
costs, and reasonable and necessary .expenses, costs of
investigation and preparation of defense, and judgments, if any,
stemming from any future claim or claims that may ever be brought
by DOROTHY PERRY, Individually and as Administratrix of the
Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of
WADE ROPER; and DEBRA KAY MULIiEY and arising out of the
aforementioned incident; and from any future claim or claims for
contribution, indemnity, credits and/or set-offs that ever might
be asserted or pursued by any third parties against SAMMONS
COMMUNICATIONS, INC. and THE CITY OF DENTON D/B~A DENTON
UTILITIES as a result of any claim or claims brought by or on
behalf of the above named Plaintiffs by reason of or based on the
above described occurrence.
AG~RF~4~qT FOR JUDGMENTANDREI,F3%SE - Page 4
Plaintiffs further warrant and represent that they have
entered into this Agreement for Judgment and Release acting upon
their own knowledge and information, and that no other promises,
representations or inducements have been made or given them by
the said defendants, or any servant, agent, representative,
employee or attorney acting on behalf of the defendants, except
as specifically set forth herein.
1990.
DOROTHY PERNY, Ind~idually
and as ~dministratrix of the
Estate ,of RICKY DEAN ROPER,
and as Next Friend and. on
Behalf of WADE ROPER
R. WIT.T.TA~ WOOD
GUARDIAN AD LITEM FOR MINOR
PLAINTIFF, WADE ROPER
AGREEMENT FOR JUDGNRNT AND RELEASE - Page 5
APPROVED:
ATTORNEY FOR P,~%~ETTFFS
ATTORNEY FOR DEFENDANT
SAMMONS COMMUNICATIONS, INC.
The City of Denton
AG~RRMENT FOR JUDGMENT AND R~.~ASE - Page 6
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
BEFORE ME, the undersigned authority, on this day personally
appeared DOROTHY PERRY, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me
that she executed the same for the purpose and consideration
therein stated, and in the capacity as set forth above.
DOROTHY ' PERRY, ,.Individually
and as Administratrix of the
Estate of RICKY DEAN ROPER,
' and as Next Friend and on
~ Behalf of WADE ROPER
SUBSCRIBED AND SWORN TO BEFORE ME, on this the ~ day of
Jl %;;?,~:'~'-:~." June 21, 1993
Notar~ Public~in%.and for
the State of Texas
AGREEMENT FOR JUDGMENTAND RELEASE - Page 7
DOROTHY PERRY, Individually S IN THE
and as Administratrix of S
the ESTATE OF RICKY DEAN S
ROPER, and as Next Friend S
and on B~-balf of WADE ROPER ~ g'{-' '-'~ -'~
and DEBRA KAY MIILKEY $ DENTON COUNTY, TEXAS
vs.
SAMMONS COMMUNICATIONS,. INC.
and ~ CITY OF DENTON d/b/a S
DE~ON UTILITIES S 211TH JUDICIAL DISTRICT
FINAL JU~9~BNT
,On this day came on to be heard the above entitled and
numbered cause, and came Plaintiffs, DOROTHY PERRY, Individually
and as Administratrix of the Estate of RICKY DEAN ROPER, and as
Next Friend and on Behalf of WADE ROPER and DEBRA KAY MULKEY
through their attorney of record, and came Defendants SAMMONS
COMMUNICATIONS, INC. AND THE CITY OF DENTON, D/B/A DENTON
UTILITIES, appearing by their attorney, and R. WIIJ.IAM WOOD,
GUARDIAN AD LITEM, also appeared, and it was announced to the
Court that a compromise had been reached, subject to the approval
of the Court, by the terms of which' Defendants Sammons
Communications, Inc. agreed to pay $3,500.00, and The City of
Denton'd/b/a Denton Utilities agreed to pay to the plaintiffs the
total sum of $1,000.00 with defendant Sammons Commuhications,
Inc. to pay the costs of court and the Guardian Ad Litem fees;
and
FINAL - Page
The Court finding that there is ~a potential conflict of
interest between DOROTHY PERRY, Individually and as
Administratrix of the Estate of P/CKY DEAN ROPER, and as Next
Friend and on Behalf of WADE ROPER as to the apportionment of the
recovery herein;
Therefore, the Court has previously appointed R. WILLIAM
WOOD, a practicing attorney of Denton County, Texas, as Guardian
Ad Litem to represent the interest of such minor plaintiff, and
it is now ordered that R. William Wood be awarded the sum of
$500.00 for his services, which amount is taxed as costs to be
paid .by the ~efendant Sammons Communications, Inc.; and
said Guardian Ad Litem having asked for and received a
reasonable time to acquaint himself with 'the facts and the law
herein, and after such study and deliberation, reported back to
the court that in his opinion this is a case in which there is a
dispute as to liability, and that in his opinion the agreement of
settlement herein outlined is just and fair under the
circumstances and should be approved; and
The Court having read the pleadings in this case, and having
heard full testimony, finds that this is a case of disputed legal
liability and there is further dispute as to the extent of
damage~ to which minor plaintiff is entitled, if any, and finds
that the agreement of settlement, entitled Agreement for Judgment
and Release, which is filed along with this Final Judgment,
should be approved, and said agreement is hereby approved; and
FiNAL JUDG~KNT - Page 2
IT IS ORDERED, ADJUDGED AND DECREED by the Court that the
minor plaintiff do have and recover of and from Defendants
sammons Communications, Inc. and The City of Denton d/b/a Denton
Utilities, the total sum of $4,500.00, said sum to be paid by
defendants as follows:
(1) Sammons Communications, Inc. shall pay to DOROTHY
PERRY, Individually and as Administratrix of the Estate
of RICKY DEAN ROPER, and as N~xt Friend and on B~-half
of WADE ROPER; and DEBRA KAY ~u~a~ the total sum of
THREE THOUSAND FIVE HUNDRED AND NO/100 ($3,500.00) .
Dorothy Perry shall pay the fees and expenses of her
attorney from the above referenced sum.
(2) The City of Denton d/b/a Denton Utilities shall pay to
DOROTHY PERRY, Individually and as Administratrix of
~he Estate of RICKY DEAN ROPER, and as Next Friend and
on B~-half of WADE ROPER; the total sum of ONE THOUSAND
AND NO/100 ($1.000.00). Dorothy Perry shall pay the
fees and expenses of her attorney from the above
referenced sum.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court
that defendants, having duly paid said judgment and discharged
same in its entirety, and having paid the Guardian Ad Litem fee,
will stand fully released and forever discharged of and from any
and all liability whatsoever to DOROTHY PERRY, Individually and
as Administratrix of the Estate of RICKY DEAN ROPER, and as Next
Friend and on Behalf of WADE ROPER; and DEBRA KAY M~LKEY or
FINAL JUDGMENT - Page 3
either'of them, in any capacity, upon any demands, claims or
causes of action of whatever nature whether known or unknown
arising out of or based upon the injuries to such persons under
the facts set forth in Plaintiffs' Original Petition herein; and
it is
IT IS FURTHER ORDERED by the Court, in accordance with the
agreement of the parties, that the making of such settlement
being for the purposes of avoiding further time, trouble and
expense of investigation and litigation, does not constitute an
admission of liability on the part of defendants as to any cause
of action. ~
Ail relief not here and granted is denied.
Signed this ~D day of ~ , 1990.
JUDGE PRESiD~N~''~ Z~
We, the undersigned, agree to the entry of this Judgment,
and move and request the Court to enter such~Judgment.
DOROTHY/~ERRY, In~iyidually
and as~%d~i~ist~atrlx of the
Estate of RICKY DEAN ROPE~,
and as Next Friend and on Behalf of
WADE ROPER
FINAL JI]DG~N~T - Page 4
GUARDIAN AD LITEM
FOR THE MINOR PLAINTIFFS,
WADE ROPER AND DEBRA KAY MUL/fEY
APPROVED AND AGREED TO:
,~>:1_.;,) ~.-,~c~. .... .'
ATTORNEY FOR P/L4AINTIFFS
NARTHA L. RUSS~'~J.
ATTORNEY FOR DEFENDANT
SAMMONS COMMUNICATIONS, INC.
D/B/A DENTON UTILITIES
FINAL JI~DGN~T - Page 5
WITNESS MY HAND this ~ day of ~3u, Q , 1990.
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day persona~ly .appeared DEBRA KAY
MULKEY, known to me to be the person whose name is subscribed to
the foregoing instrument, and having the same fully explained to
her, Acknowledged such instrument to be her act and deed, and
declared that she had willingly signed the same for the purposes
and consideration therein expressed. ~
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~q day of
~'~,i, O , 1990. ,,,,""~,,, -
Notary Public, In and For
the State of Texas
My commission Expires: Notary's Printed Name
Page 5