LUSK-SETTLEMENT AGREEMENT AND RELEASE.PDF

C>\9-21-1BH-A-CO
Settlement Agreement and Release
This Settlement Agreement and Release (the Settlement
5	1	3	1	1	8	1484	445	253	46	92.720673	Agreement) is made and entered into
this Q\* day of an) 2021 by and between:
Plaintiff Nicole Lusk
Defendant County of Maricopa
Recitals
A. Plaintiff filed a complaint against Maricopa County ("Defendant") in the Superior Court,
County of Maricopa, State of Arizona, Case No. CV2018-005425, (the Complaint), which
Complaint arose out of certain alleged negligent acts or omissions by Defendant. In the Complaint,
Plaintiff sought to recover monetary damages as a result of that certain occurrence on or about
October 6, 2017, at Bush Highway, which resulted in physical injuries and personal injuries to
Plaintiff.
B. Defendant would be obligated to pay any claim made or judgment obtained against
Defendant which is covered by Maricopa County’s Self-Insured Trust.
C, The parties desire to enter into this Settlement Agreement in order to provide for certain
payments in full settlement and discharge of all claims which are, or might have been, the subject
matter of the Complaint, upon the terms and conditions set forth below.
Ds, Bona fide disputes and controversies exist regarding the liability of Defendant on the
claims made by Plaintiff, and Defendant makes no admission of liability to Plaintiff.
Agreement
The parties agree as follows:
1.0 Release and Discharge
1.1 In consideration of the payments set forth in Section 2, Plaintiff hereby completely
releases and forever discharges Defendant from any and all past, present or future claims, demands,
obligations, actions, causes of action, wrongful death claims, rights, damages, costs, losses of
services, expenses and compensation of any nature whatsoever, whether based on a tort, contract
or other theory of recovery, which the Plaintiff now has, or which may hereafter accrue or
otherwise be acquired, on account of, or may in any way grow out of, or which are the subject of
the Complaint (and all related pleadings) including, without limitation, any and all known or
unknown claims for bodily and personal injuries to Plaintiff, or any future wrongful death claim
of Plaintiff's representatives or heirs, which have resulted or may result from the alleged acts or
omissions of the Defendant.
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1.2 This release and discharge shall also apply to Defendant's past, present and future
officers, directors, stockholders, attorneys, attorneys-in-fact, agents, servants, representatives,
employees, subsidiaries, affiliates, member companies, partners, predecessors and successors in
interest, and assigns and all other persons, firms or corporations with whom any of the former have
been, are now, or may hereafter be affiliated.
1.3. This release, on the part of the Plaintiff, shall be a fully binding and complete
settlement among the Plaintiff, the Defendant, Defendant's past, present and future officers,
directors, stockholders, attorneys, attorneys-in-fact, agents, servants, representatives, employees,
subsidiaries, affiliates, member companies, partners, predecessors and successors in interest, and
assigns and all other persons, firms or corporations with whom any of the former have been, are
now, or may hereafter be affiliated and their heirs, assigns and successors (“Released Parties’).
14 The Plaintiff acknowledges and agrees that the release and discharge set forth above
is a general release. Plaintiff expressly waives and assumes the risk of any and all claims for
damages which exist as of this date, but of which the Plaintiff does not know or suspect to exist,
whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would
materially affect Plaintiff's decision to enter into this Settlement Agreement. The Plaintiff further
agrees that Plaintiff has accepted payment of the sums specified herein as a complete settlement
and compromise of matters involving disputed issues of law and fact. Plaintiff assumes the risk
that the facts or law may be other than Plaintiff believes. It is understood and agreed to by the
parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are
not to be construed as an admission of liability on the part of the Released Parties, by whom
liability is expressly denied.
2.0 Payments
In consideration of the release set forth above, the Defendant agrees to pay to the
individual(s) named below the sums outlined in this Section 2 below:
2.1 Payments due at the time of settlement as follows:
$750,000.00 immediate cash payment payable to Nicole Lusk and her attorney,
which includes attorney’s fees and all of Plaintiffs costs associated with the litigation.
2.2 Periodic payments made according to the schedule as follows (the Periodic
4	1	8	1	2	0	294	2388	240	44	-1	
5	1	8	1	2	1	294	2388	240	44	95.178177	Payments):
Payee: Nicole Lusk
$2,292.08 monthly, guaranteed 10 years, beginning January 14, 2023. The last
payment will be made on December 14, 2032.
All sums set forth herein constitute damages on account of personal physical injuries or physical
sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as
amended.
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3.00 INDEMNIFICATION AGAINST LIENS:
3.1 Plaintiff warrants that there are no judgments against her related to the matters
described in Section A of the Recitals, including but not limited to judgments related to medical
care and treatment. Plaintiff further acknowledges that certain other lien or financial obligation
claims may be made against the benefits received by Plaintiff. Plaintiff expressly agree that she is
solely responsible for ensuring that those liens and other financial obligations, if legally valid, are
fully satisfied or compromised. Plaintiff hereby agrees to satisfy or compromise from these
settlement proceeds all legally valid liens, rights of subrogation, rights of reimbursement and/or
other financial obligations which arose out of the benefits received by Plaintiff, including (1) any
medical, dental, or mental health treatment obtained by Plaintiffs as a result of or arising from the
matters described in Section A of the recitals and any incidents associated with Plaintiff's injuries
when she collided with a horse on Bush Highway; (2) any enforceable hospital liens pursuant to
A.R.S. § 33-931; (3) any claims for recovery for medical and health services and care that have
been asserted or may be asserted by the United States of America pursuant to the Medical Care
Recovery Act, 42 U.S.C. § 2651 or pursuant to any other federal statute, rule, or regulation; (4)
any subrogation lien; (5) any criminal restitution liens, judgments, or orders; or (6) any bills,
claims, and liens in any manner arising in favor of any health care provider or insurer who has
provided or paid for medical or health care of any kind to Plaintiff; it being specifically recognized
that said liens and obligations are the sole responsibility of Plaintiff.
3.2 ‘Plaintiff agrees to defend any claim, charge or action brought against Released
Parties arising out of an alleged failure of Plaintiff to satisfy any outstanding liens, rights of
subrogation, rights of reimbursement, including any Medicare, Medicaid lien or obligation,
criminal restitution lien, judgment, or order, and/or any other financial obligations incurred as a
result of benefits received by Plaintiff, and indemnify and hold the Released Parties harmless from
any judgment against them, including but not limited to payment of court costs, litigation expenses,
and attorney fees.
4.0 Payee's Rights to Payments
Plaintiff acknowledges that the Periodic Payments cannot be accelerated, deferred,
increased or decreased by the Plaintiff or any Payee; nor shall the Plaintiff or any Payee have the
power to sell, mortgage, encumber, or anticipate the Periodic Payments, or any part thereof, by
assignment or otherwise.
5.0 Payee's Beneficiary
Any payments to be made after the death of the Payee pursuant to the terms of this
Settlement Agreement shall be made to such person or entity as shall be designated in writing by
Plaintiff to the Defendant's Assignee. If no person or entity is so designated by Plaintiff, or if the
person designated is not living at the time of the Payee's death, such payments shall be made to
the estate of the Payee. No such designation, nor any revocation thereof, shall be effective unless
it is in writing and delivered to the Defendant's Assignee. The designation must be in a form
acceptable to the Defendant's Assignee before such payments are made.
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6.0 Consent to Qualified Assignment
6.1 Plaintiff acknowledges and agrees that the Defendant may make a qualified
4	1	2	1	2	0	317	553	1932	46	-1	
5	1	2	1	2	1	317	553	253	45	84.640900	assignment,
within the meaning of Section 130(c) of the Internal Revenue Code of 1986, as
amended, of the Defendant's liability to make the Periodic Payments set forth in Section 2.2 to
Pacific Life & Annuity Services, Inc. ("the Assignee"). The Assignee's obligation for payment of
the Periodic Payments shall be no greater than that of Defendant (whether by judgment or
agreement) immediately preceding the assignment of the Periodic Payments obligation.
6.2 Any such assignment, if made, shall be accepted by the Plaintiff without right of
rejection and shall completely release and discharge the Defendant from the Periodic Payments
obligation assigned to the Assignee. The Plaintiff recognizes that, in the event of such an
assignment, the Assignee shall be the sole obligor with respect to the Periodic Payments obligation,
and Plaintiff agrees that such assignment shall constitute a full release and discharge of all of
Defendant's and Insurer's obligations relative to the Periodic Payments set forth above.
7.0 Right to Purchase an Annuity
The Defendant, itself or through Pacific Life & Annuity Services, Inc. ("the Assignee")
reserves the right to fund the liability to make the Periodic Payments in Section 2.2 through the
purchase of an annuity policy from Pacific Life Insurance Company. The Assignee shall be the
sole owner of the annuity policy and shall have all rights of ownership. The Assignee may have
Pacific Life Insurance Company mail payments directly to the Payee. The Plaintiff shall be
responsible for maintaining a current mailing address for Payee with Pacific Life & Annuity
Services, Inc.
8.0 Discharge of Obligation
The obligation of the Assignee to make each Periodic Payment shall be discharged upon
the mailing of a valid check in the amount of such payment to the designated address of the Payee
named in Section 2.2 of this Settlement Agreement.
9.0 Delivery of Dismissal with Prejudice
Concurrently with the execution of this Settlement Agreement, counsel for the Plaintiff
shall deliver to counsel for the Defendant an executed Dismissal with Prejudice of the Complaint,
specifying that each party is to pay his/her/its own attorney fees and costs. Plaintiff hereby
authorizes counsel for the Defendant to file a Dismissal with the Court and enter it as a matter of
record.
10.0 Representation of Comprehension of Document
In entering into this Settlement Agreement, the Plaintiff represents that Plaintiff has relied
upon the advice of her attorneys who are the attorneys of her own choice, concerning the legal and
income tax consequences of this Settlement Agreement; that the terms of this Settlement
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Agreement have been completely read and explained to Plaintiff by her attorneys; and the terms
of this Settlement Agreement are fully understood and voluntarily accepted by Plaintiff.
11.0 Warranty of Capacity to Execute Agreement
Plaintiff represents and warrants that no other person or entity has, or has had, any interest
in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement,
except as otherwise set forth herein; that Plaintiff has the sole right and exclusive authority to
execute this Settlement Agreement and receive the sums specified in it; and that Plaintiff has not
sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands,
obligations or causes of action referred to in this Settlement Agreement.
12.0 Confidentiality
The parties agree that neither they nor their attorneys nor representatives shall reveal to
anyone, other than as may be mutually agreed to in writing, any of the terms of this Settlement
Agreement or any of the amounts, numbers or terms and conditions of any sums payable to
Plaintiff hereunder.
13.0 Governing Law
This Settlement Agreement shall be construed and interpreted in accordance with the laws
of the State of Arizona.
14.0 Additional Documents
All parties agree to cooperate fully and execute any and all supplementary documents and
to take all additional actions which may be necessary or appropriate to give full force and effect to
the basic terms and intent of this Settlement Agreement.
15.0 Entire Agreement and Successors in Interest
This Settlement Agreement contains the entire agreement between the Plaintiff and the
Defendant with regard to the matters set forth in it and shall be binding upon and enure to the
benefit of the executors, administrators, personal representatives, heirs, successors and assigns of
each.
16.0 Effectiveness
This Settlement Agreement shall become effective immediately following execution by
each of the parties.
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I HAVE READ THIS AGREEMENT, OR IT HAS BEEN READ TO ME, AND I
UNDERSTAND ITS CONTENTS. I AM SIGNING IT VOLUNTARILY, WITHOUT
,COERCION OR DURESS.
Plaintiff: Nicole Lusk
A .
Date: S/o\/2\
STATE OF ARIZONA}
} Ss.
County of MARICOPA}
The foregoing instrument was acknowledged before me this A: |*? day of May 2021,
by Nicole Lusk, whose identity is personally known to me or has been proven by satisfactory
evidence, and voluntarily signed the document in my presence for its stated purpose.
| WHEREOF, I have hereunto set my hand and seal.
LL
~
Notary Public _ JESSICA P FISHELL
sie 7 Gili @\ Notary Public, State of Arizona
My commission expires: Maricopa County
My Commission Expires
le/iw/al December 16, 2021
Approved as to form.
By:
wi
Date: S-As- -Jog2zf
NAPIER, BAILLIE, WILSON, BACON & TALLONE, P.C.
Attorney for Plaintiff
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CANAD 13H ~ KOO
DATED:
Chair, Maricopa County Board of
Supervisors
ATTEST:
Clerk of the Board of Supervisors Date
Approved as to form:
fad EL ger
Attorney for Maricopa County
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