HomeMy WebLinkAboutResolution 1995-057
RESOLUTION NO. 95-57
WHEREAS, the City Council has heretofore authorized the attorney for the City to
offer a settlement of $10,000.00 for a release in the case of Kimberly Lopez v. City of North
Rich/and Hills, Texas (Cause No. 48-161268); and
WHEREAS, such offer was made and accepted; and
WHEREAS, such settlement was approved by the 48th District Court of Tarrant
County, Texas as shown by Exhibit "A" attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that:
1.
The settlement of $10,000.00, plus attendant expenses, in the case of Kimber/y
Lopez v. City of North Rich/and Hills in Cause No. 161268 in the 48th District Court of
Tarrant County, Texas, be and is hereby RATIFIED and APPROVED.
2.
.
,
All expenditures in this case shall be paid from Account No. 21-00-00-0751.
PASSED AND APPROVED this 13th day of November, 1995.
APPROVED:
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Tommy Brown, yor
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
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ReJ< McEntire, Attorney for the City
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KIMBERLY F. LOPEZ, by
and through next friend,
LUIS LOPEZ
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NO.48-1-61286-95
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VS.
TARRANT COUNTY, TEXAS
CITY OF NORTH RICHLAND HILLS,
48TH JUDICIAL DISTRICT
FINAL JUDGMENT
On the 27th day of October, 1995, this cause came on to be
heard. The plaintiff Luis Lopez appeared in person; John J.
Harvey, attorney ad litem for the minor child, Kimberly F. Lopez,
appeared in person. The defendant City of North Richland Hills
appeared by and through its attorney of record, Rex McEntire.
The parties announced that all matters had been fully and
finally compromised and settled. The attorney ad litem announced
that he had fully reviewed the facts and circumstances of the
case and that he approved the settlement and recommended that the
Court approve same by signing this judgment.
The Court finds that the settlement and release in the total
amount of $10,000.00 to be paid by defendant to the minor
plaintiff and her next friend should be approved.
IT IS ORDERED that same be, and is hereby, approved. IT IS
ORDERED that the defendant p»y to Luis Lopez, the next friend,
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the sum of $ I Y / I ~ ) - to reimburse h:i,m for past medical
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bills for the minor Plaintiff? IT IS FURTHER ORDERED that the
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sum of $ U I Y f(g ~ - be paid into the registry of the Court
to be held in trust for the use and benefit of Kimberly F. Lopez,
a minor.
Final Judgment - Page 1
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The ad litem fee for John J. Harvey, attorney at law, is
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hereby set at $ IJ 2;- -- and the defendant is ORDERED to
pay such sum directly to the attorney ad litem as Court costs.
Upon payment of the above sums, the defendant shall stand
fully discharged from payment of any other sum of money to the
minor plaintiff or her next friend as a result of any damages
incurred by either of them as a result of the events of July 11,
1995 which occurred at "NRH20", a water park operated by
defendant, wherein the minor plaintiff received personal
injuries. IT IS FURTHER ORDERED that this judgment shall forever
stand as a bar to further recovery of any other sums of money
from this defendant, its agents, servants, officers and
employees, from the events which are the subject matter of this
lawsuit.
The Clerk of this Court is ORDERED to invest the funds paid
in pursuant to the laws of the state of Texas.
Costs of Court are adjudged against the defendant.
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SIGNED this :2.s- day of October, 1995.
APPROVED:
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Final Judgment - Page 2
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Rex McEntire
state Bar No. 13590000
7301 N.E. Loop 820
North Richland Hills, TX 76182
Attorney for Defendant
Final Judgment - Page 3