1988-1252411L
NO
s~ ja s
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT
AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY
OF DENTON AND DWIGHT ANDERSON AS NEXT FRIEND FOR DANA L ANDERSON,
AN INCAPACITATED PERSON AND SHANDA MICHELLE ANDERSON, A MINOR, AND
PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Settlement and Compromise
Agreement etween the City of Denton and Dwight Anderson as next
friend for Dana L Anderson, an incapacitated person, and Shanda
Michelle Anderson, a minor, providing for the settlement and
compromise of the litigation now pending between the parties
before the 158th Judicial District Court of Denton County, Texas
in Cause No 86-2000-B, is approved in accordance with its terms,
and 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
imme ate y upon its passage and appro al
PASSED AND APPROVED this the day of 1988
STEPHENS, MAYOR
OrAY
ATTEST
N 'E , ERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
CAUSE NO 86-2000-B
DWIGHT ANDERSON AS NEXT FRIEND
FOR DANA L. ANDERSON, AN
INCAPACITATED PERSON, AND
SHANDA MICHELLE ANDERSON
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v8
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CHARLES BROCKETTE, JR ,
FOX FEED & RANCH, INC.,
GARY MOORS, AND THE CITY OF
DENTON
IN THE DISTRICT COURT OF
DENTON COUNTY, TEXAS
158TH JUDICIAL DISTRICT
SETTLEMENT AGREEMENT AND STIPULATION FOR JUDGMENT
KNOW ALL MEN BY THESE PRESENTS,
That it is agreed by and between SHANDA MICHELLE
ANDERSON and DWIGHT ANDERSON, Individually and as-Next-Friend For
DANA L ANDERSON, an incapacitated person, and DANA L. ANDERSON,
an incapacitated person, acting herein by and through his
guardian ad litem, duly-appointed by the Court, and Defendants,
Gary Moors and the City of Denton, Texas, as follows:
1. Defendant, Gary Moors, will pay to Plaintiffs the total
aggregate sum of $10,000.00 upon the entry of the Judgment by the
Court herein. Defendant, City of Denton, will pay the further
sum of $6,000.00 per year, for fifteen years, or until the death
of Dana L. Anderson, whichever comes first The first payment of
$6,000.00 shall be made on or before July 1, 1989 and succeeding
payments shall be made on or before July 1 of each succeeding
year for fourteen additional years or until the death of Dana L
Anderson, whichever comes first. Payments shall be made by check
payable to Dwight Anderson, individually and as next friend for
Dana L Anderson, Shanda Michelle Anderson, & x Dustin Fillmore,
attorney, said checks being sent to Mr H Dustin Fillmore,
Fillmore, Herrick & Harrington, 1100 commerce Building, 307 w
Seventh Street, Fort Worth, Texas 76102 or to such other address
as Plaintiffs' attorney may designate in writing signed by all of
them and delivered to the office of the City Attorney, City of
Denton In the event that Dana L Anderson should die before
July 1, 20030 then Defendants shall make the last and final
payment of $6,009 Off on the first day of July following the death
of the Dana L Anderson to Shanda Michelle Anderson, by check
payable to Shanda Michelle Anderson & Dustin Fillmore, attorney
Said sums as set out above shall be apportioned to the respective
parties as the Court deems just and fair
2 For and in consideration of said payments, Dwight
Anderson, individually and as next friend for Dana L Anderson,
Shanda Michelle Anderson, and Dana L. Anderson, an incapacitated
person, appearing herein by and through his guardian ad litem,
have agreed and do agree to and with the Defendants, that the
sums so paid shall be in full and final satisfaction and
compromise of and all actions, causes of action, claims
(including subrogation claims), demands, damages, costs, loss of
services, expenses, and compensation on account of or in any way
growing out of any and all personal injuries, pain and suffering,
grief, bereavement, loss of consortium and companionship, mental
anguish, loss of earning capacity, and property damage, whether
known or unknown and whether heretofore asserted or not, owned or
possessed by any of said Plaintiffs against Gary moors, his
family, relatives, insurers, and attorneys, or the City of
Denton, its elected officials, its officers, employees, agents,
attorneys, and insurers growing out of or in any way connected
with a certain accident which occurred on or about June 9, 1986
in Denton County, Texas. Reference is made to the pleadings of
the parties on file for a more complete description of the
respective contentions. Tbts-settlement is intended to cover all
claims arising out of or connected with the events described in
said-pleadings imoluding-claims for personal injury and-property
damage
3. The undersigned understand and agree that the amount
paid-under-this agreement 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 from persons or
entities released by this agreement The undersigned 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 Dwight
Anderson, individually and as next friend for Dana L Anderson,
8handa Michelle Anderson, and Dana L Anderson, an incapacitated
person, appearing by and through his guardian ad litem have
already paid or will pay out of the afforementioned sums in the
past or to be incurred in the future by Dwight Anderson,
individually and as next friend for Dana L Anderson, Shanda
Michelle Anderson, and Dana L. Anderson, an incapacitated person,
all medical, doctors, chiropractors, and hospital charges
received in the past or to be incurred in the future by Dwight
Anderson, individually and as next friend for Dana L. Anderson,
Shanda Michelle Anderson, and Dana L. Anderson, an incapacitated
person, appearing by and through his guardian ad litem and will
defend, indemnify, and hold harmless the parties released by this
agreement and their insurers of and from any claims for such
charges especially with reference to any-liens under the Texas
Hospital Lien Law. - -
B The undersigned parties, for the- consideration
hereinabove expressed, represent and agree that this settlement
is in- compromise and is a full accord and satisfaction of a
doubtful and disputed claim and that the payment to be made by
said Defendants does not constitute and-shall-not-.he-construed as
constituting an admission of liability on the part of said
Defendants who have denied that they are liable to Plaintiffs on
account of- the--matter-compromised and sattled by this stipulation
and agreement and by judgment so rendered by the Court pertinent
thereto
6 This stipulation and agreement shall be and 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 interests and said parties do further
request approval of the agreement of 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 settlement agreement and
stipulation for judgment is executed without reliance upon any
statement- or representation ol-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
settlement and compromise is made of-their own free will and
accord after consulting with physicians of their own choice and
selection and after consulting with and acting upon the advice of
their attorneys.
THE PROVISIONS OF THIS SETTLEMENT AGREEMENT AND STIPULATION
FOR JUDGMENT-ARE-CONTRACTUAL AND NOT MERE RECITALS
WITNESS their hands-this day of
1988.
SHANDA MICHELLE ANDERSON
DWIGHT ANDERSON
This instrument was
Michelle Anderson on this
acknowledged before me by Shanda
day of , 1988
Notary Public-State of Texas
my commission expires
This instrument
Anderson individually
this _ day of
before me by Dwight
for Dana L Anderson on
Notary Publ -a-State of Texas
My commission expires
APPROVAL
H DUSTIN FILLMORE
ATTORNEY FOR PLAINTIFFS
RUSSELL WELCH
GUARDIAN AD LITEM
was acknowledged
and as next friend
, 1988
RONALD H CLARK
ATTORNEY FOR DEFENDANTS, GARY MOORS AND CITY OF DENTON