Extracted text (via ocr_local)
20450 characters
SETTLEMENT AGREEMENT
AND
RELEASE OF ALL CLAIMS
RECITALS
A. This Settlement Agreement and Release of All Claims (hereinafter “Agreement™) is
entered into by TARA IACONO and PATRICK IACONO, as Co-Conservators on behalf of
their minor son, ENZO IACONO (“Plaintiffs/Releasors”).
B. Plaintiffs filed a Complaint in the Superior Court of Arizona in and for the County of
Maricopa, against Defendants MARICOPA COUNTY and MARICOPA COUNTY ANIMAL
CARE AND CONTROL, a department of the County (“County/Releasees”), case number
CV2020-050108 (the “Lawsuit”). The Lawsuit arises out of a dog bite to Enzo lacono from a
dog that was owned by County and in the possession of a foster care volunteer, Defendant
Morgan Aggers (“the Incident”). The Lawsuit contains claims of negligence and strict liability
(“the Asserted Claims”) against Defendants. Through the Lawsuit, Plaintiffs seek recovery of
monetary damages related to the Asserted Claims and the Incident.
c. MARICOPA COUNTY desires to fully settle the Lawsuit with Plaintiffs along with all
claims arising out of, or related to, the Incident or the Asserted Claims.
D. Plaintiffs and MARICOPA COUNTY (jointly “the Parties") desire to fully settle the
Lawsuit along with any other potential liability arising out of, or related to, the events described
in the Lawsuit against MARICOPA COUNTY, its agents and employees, and any other
individuals, officers, officials, boards, commissions, departments, and agencies, past or present,
whether or not named or referred to herein, who, together with MARICOPA COUNTY may be
liable to Plaintiffs (hereinafter collectively referred to as “the Released Parties"). This
Agreement does not affect Plaintiffs’ claims against Defendants Aggers in the Lawsuit, other
than as expressly set forth herein.
E. For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties enter into this Agreement.
Page 1 of 11
AGREEMENT
I. Incorporation of Recitals
The foregoing recitals are incorporated herein by reference as agreements of the Parties.
2. Payment of the Claim
For and in consideration of the Release and other obligations set forth below,
MARICOPA COUNTY agrees to pay to Tara and Patrick Iacono for the benefit of Enzo lacono,
a minor child, a total present value sum of FOUR HUNDRED THOUSAND DOLLARS
($400,000.00) consisting of cash and future periodic payments as fully set forth below. The
payment and/or future periodic payments are to settle the claims asserted by Plaintiffs on behalf
of ENZO [ACONO, including all Asserted Claims and all claims arising out of or related to the
Asserted Claims or the Incident. Plaintiffs specifically agree payments will not be delivered to
Plaintiffs or any entity involved in making or facilitating future periodic payments until after
Plaintiffs have fully executed this Agreement and Release of All Claims and have returned it to
counsel for MARICOPA COUNTY. This Settlement Agreement, release of claims and
disbursement of funds has been approved by Maricopa County Superior Court Judge Jane
McLaughlin on September 8, 2020 in Probate case number PB2020-050956.
2.1 Payments due at the time of settlement as follows:
ONE HUNDRED EIGHTY-NINE THOUSAND NINE HUNDRED TWENTY-TWO
DOLLARS 00/CENTS ($189,922.00) payable to Friedi Richardson, PC Trust Account for the
benefit of Tara and Patrick lacono as Co-Conservators for Enzo lacono, a minor.
2.2. Payment of TWO HUNDRED TEN THOUSAND SEVENTY-EIGHT
DOLLARS OO/CENTS ($210,078.00) payable to MetLife Assignment Company, Inc.
shall be used to fund the future periodic payment obligation as follows (the
“Periodic Payments”):
Periodic Payments Payable to Enzo lacono (Payee):
Page 2 of 11
$15,000.00 semi-annually, guaranteed 5 years, beginning on July 1, 2031. The
last payment will be made on January 1, 2036.
$300.00 per month, guaranteed 5 years, beginning on July 1, 2031. The last
payment will be made on June 1, 2036.
$25,000.00 guaranteed lump sum payable on December 20, 2037.
$96,531.46 guaranteed lump sum payable on December 20, 2039.
All sums set forth herein constitute damages on account of personal physical injuries or sickness,
within the meaning of §104(a)(2) of the Internal Revenue Code of 1986, as amended.
3.0 Payee’s Rights to Payments
Plaintiffs acknowledge that the Periodic Payments cannot be accelerated, deferred,
increased or decreased by Plaintiffs or any Payee(s); nor shall the Plaintiffs or any Payee(s) have
the power to sell, mortgage, encumber, or anticipate the Periodic Payments, or any part thereof,
by assignment or otherwise.
4.0 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 the estate of the Payee. After age of majority, Payee
may submit a change of beneficiary to the Assignee. The designation must be in a form
acceptable to the Assignee before such payments are made.
5. Consent to Qualified Assignment
5.1 Plaintiffs acknowledge and agree that Defendant Maricopa County may make a
“qualified assignment,” within the meaning of Section 130(c) of the internal Revenue Code of
1986, as amended, of the County’s liability to make the Periodic Payments set forth in Section
2.2 to MetLife Assignment Company, Inc. (“the Assignee”). The Assignee’s obligation for
payment of the Periodic Payments shall be no greater than that of Defendant Maricopa County
(whether by judgment or agreement) immediately preceding the assignment of the periodic
Payments obligation.
Page 3 of 11
5.2 Any such assignment, if made, shall be accepted by the Plaintiffs without right of
rejection and shall completely release and discharge Defendant Maricopa County from the
Periodic Payments obligation assigned to the Assignee. Plaintiffs recognize that, in the event of
such an assignment, the Assignee shall be the sole obligor with respect to the Periodic Payments
obligation, and that all other releases with respect to the Periodic Payments obligation that
pertain to the liability of the County shall thereupon become final, irrevocable and absolute.
6. Right to Purchase an Annuity
Defendant Maricopa County, individually or through its Assignee, reserves the right to
fund the liability to make Periodic Payments in Section 2.2 of this Agreement through the
purchase of an annuity policy from Metropolitan Tower Life Insurance Company. Defendant
Maricopa County or the Assignee shall be the sole owner of the annuity policy and shall have all
rights of ownership. Defendant Maricopa County or the Assignee may have Metropolitan Tower
Life Insurance Company mail payments directly to Payee. Plaintiffs shall be responsible for
maintaining a current mailing address for Payee with Metropolitan Tower Life Insurance
Company.
7. Discharge of Obligation
The discharge of the obligation of the Assignee to make each Periodic Payment described
above in this Agreement, if by check, shall occur upon the mailing of a valid check, on or before
the due date, in the amount due to the Payee’s address as shown in the Assignee’s records, or if
by Electronic Funds Transfer (EFT), upon the electronic transfer of such payment, on or before
the due date, to Payee’s bank accounts as shown in the Assignee’s records. In the event a check
is not received, upon proper notification, the Annuity Issuer will initiate stop payment
procedures, Upon confirmation that the check was not cashed and stop payment has been
affected, the Annuity Issuer will reissue a replacement check.
8. Dismissal of Lawsuit
Upon receipt of any monies due Plaintiffs and funding of any structured annuities,
Plaintiffs agree to execute and file with the Maricopa County Superior Court a Dismissal with
Page 4 of 11
Prejudice of Case Number CV2020-050108 as to all claims associated to Maricopa County or
Maricopa County Animal Care and Control.
9. Genera] Release
9.1 In consideration of the payments called for herein, Plaintiffs, individually and on
behalf of their heirs, devisees, executors, administrators, successors, and assignees hereby
completely RELEASE, ACQUIT AND FOREVER DISCHARGE the County/Releasees of and
from any and all past, present or future claims, demands, obligations, actions, causes of action,
wrongful death claims, medical negligence claims, survival claims, rights, damages, costs, losses
of consortium, hedonic damages, economic loss, loss of services, loss of business, business
interruption, property damage, claims arising under the United States Constitution, the
Constitution of Arizona, and claims for expenses and compensation of any nature whatsoever,
including but not limited to medical, dental, or mental health assessment, care, or treatment,
whether based on statute, constitution, tort, contract, common law or other theory of recovery,
and whether for compensatory or punitive damages, which Plaintiffs now have, or which may
hereafter accrue or otherwise be acquired on account of, or in any way growing out of, or which
are the subject of the Incident, the Asserted Claims, or the Lawsuit. This Agreement shall be
fully binding and a complete settlement between the Parties.
92 Plaintiffs hereby acknowledge and agree that this Agreement constitutes a general
release, and expressly waives and assumes the risk of any and all claims for damages which exist
as of this date, but of which Plaintiffs do not know or suspect to exist, whether through
ignorance, oversight, error, negligence, gross negligence or otherwise, and which, if known,
would materially affect Plaintiffs’ decisions to enter into this Agreement. Plaintiffs acknowledge
and agree that this Settlement Agreement and Release of Claims is being made with full
knowledge that formal discovery in this case has not been completed. Plaintiffs waive any right
to seek to set aside this Agreement or to assert that this Agreement is void at any time based on
any allegation that Plaintiffs did not have information or knowledge that was material to
Plaintiffs’ decision to completely, fully and finally discharge and release any and all claims
against the Released Parties. Plaintiffs further agree that they have accepted payment of the sum
specified herein as a complete compromise of matters involving the disputed issues of law and
Page 5 of 11
fact arising from or related to the Accident and assume the risk that the facts or law may be
otherwise than what Plaintiffs believe.
10. | No Admission of Liabitity/ Release of Indemnity Claims against Aggers
It is understood and agreed by the Parties to this Settlement Agreement and Release of
Claims that this settlement is a compromise of disputed liability and claims, and the payment of
the agreed upon amount is not to be construed as an admission of liability on the part of the
Released Parties by whom liability is expressly denied. This full and final settlement shall never
be treated as evidence of liability, or as an admission of wrongdoing, liability, or responsibility at
any time or in any manner whatsoever. County further agrees that it waives and releases any
claim that it may have against Defendant Aggers or any other person in connection with this
Incident for defense or indemnification of the claims made by Plaintiffs in this Lawsuit.
!1. Payment of Liens
11.1 Plaintiffs and Plaintiffs’ counsel acknowledge that liens, judgments and/or
financial obligations may exist which arise out of benefits received by Plaintiffs. Plaintiffs
expressly agree that they are solely responsible for ensuring that those liens, judgments, and
other financial obligations are fully satisfied. Plaintiffs hereby agree to satisfy from these
settlement proceeds all valid liens, judgments, rights of subrogation, rights of reimbursement
and/or other financial obligations which arose out of the benefits received by Plaintiffs, including
(1) any medical, dental, or mental health treatment obtained by Plaintiffs as a result of or arising
from the events described in the Lawsuit or the Incident; (2) any hospital liens pursuant to A.R.S.
§33-93¢ , et seq. that have been filed or may be filed for past medical expenses; (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 state or federal statute, rule, or regulation; (4) any liens or rights of
recovery by the Arizona Health Care Cost Containment System (AHCCCS), and any of its
divisions or subsidiaries; (5) any subrogation lien; or (6) any bills, claims, and liens in any
manner arising in favor of any health care provider who has provided medical or health care of
any kind to Plaintiffs as a result of the Asserted Claims or the Incident; it being specifically
recognized that said liens and obligations are the sole responsibility of Plaintiffs.
Page 6 of 11
11.2 Plaintiffs agree to defend, indemnify and hold the Released Parties harmless for
any claim, lien, right of recovery, obligation, charge or action arising out of an alleged failure to
satisfy any outstanding liens, judgments, rights of subrogation, rights of reimbursement,
including any Medicaid lien or obligation, and/or any other financial obligations incurred as a
result of benefits received by Plaintiffs, including but not limited to payment of court costs,
litigation expenses, and attorney fees.
11.3 Protection of the Interests of Medicare.
Plaintiffs, acknowledging and understanding their obligation to satisfy Medicare’s right
of reimbursement, and the consequences for failing to do so, represent that neither ENZO
IACONO nor any other Plaintiff is a Medicare beneficiary. Plaintiffs acknowledge that they
have duly considered Medicare's interests in accordance with applicable law and are responsible
for identifying any existing Medicare liens or conditional payments relating to the claimed
injuries that are the subject of the Lawsuit or related in any way to the Asserted Claims or
Incident. Plaintiffs’ warrant that no such liens or conditional payments exist, such that Medicare
and/or CMS would not be entitled to recover any funds from the settlement proceeds under the
Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b){2).
12. Indemnity
Plaintiffs agree to DEFEND, REIMBURSE, HOLD HARMLESS, AND INDEMNIFY
the Released Parties from any liability arising ftom (1) any subrogation claim to which Plaintiffs’
recovery may be subject; (2) tiens for any compensation paid under any statute or regulation,
state or federal; (3) medical payments due or claims to be due at any point in the future related to
past, current, or future medical expenses; (4) any attorney lien asserted by any prior or current
legal representative; (5) any contract pertaining to the proceeds from the settlement referred to in
this Agreement; and/or (6) all claims, liens, rights of recovery, subrogation claims, obligations,
actions, causes of action, damages, penalties, attorney’s fees, costs and expenses of every kind
that may ever be sought by anyone for any reason in any way related to the enforcement of any
such claims, liens, actions, damages, fees, costs, or expenses.
Page 7 of 11
13. Attorneys' Fees and Costs
The parties agree to bear their own attorneys’ fees and costs arising from the actions of
their own counsel in connection with the Lawsuit, the litigation of this matter, the Agreement
and the matters and documents referred to herein, the filing of a notice of dismissal of the
Lawsuit and all related matters.
14, | Warranty of Capacity to Execute Agreement
Plaintiffs represent and warrant 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 Agreement, and that
Plaintiffs have the sole right and exclusive authority to execute this Agreement and receive the
sums specified in it; and that Plaintiffs have not sold, assigned, transferred, conveyed or
otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in
this Agreement.
15. Entire Agreement and Successors in Interest
This Agreement contains the entire agreement between the Parties with regard to the
matters set forth herein and shall be binding upon and inure to the benefit of the executors,
administrators, personal representatives, heirs, successors, and assigns of each. Plaintiffs further
declare and represent that no promise, inducement, or agreement not herein expressed has been
made to Plaintiffs, and that this Agreement contains the entire agreement between the Parties.
16. Representation of Comprehension of Document
Plaintiffs acknowledge that they have relied upon the legal advice of their attorney, who
is the attorney of Plaintiffs’ own choice, and that the terms of this Agreement have been
completely read and explained to Plaintiffs by Plaintiffs’ attorney, and that those terms are fully
understood and voluntarily accepted by Plaintiffs.
17. Governing Law
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Arizona.
Page 8 of 11
18. Income Tax Consequences
None of the Released Parties have made any representations concerning, nor shall they be
responsible in any manner for, the income tax consequences to Plaintiffs resulting from the
execution of this Agreement, or from any payment made pursuant to this Agreement.
19. Effectiveness
This Agreement shall become effective following: 1) its execution by Plaintiffs and their
counsel, and 2) approval of the Agreement by the Maricopa County Board of Supervisors.
20.‘ Third-Party Beneficiaries
The Parties intend that all Released Parties are third-party beneficiaries under this
Agreement, with all rights associated therewith.
21. Counterpart Signatures
This Agreement may be executed in counterparts.
THE UNDERSIGNED HAVE READ THIS SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS AND UNDERSTAND ITS TERMS AND EXECUTE IT
VOLUNTARILY WITH FULL KNOWLEDGE OF THOSE TERMS AND THEIR
SIGNIFICANCE.
Ue
09/10/2020
7
TARA IACONO, Co-Conservator and mother of minor, Enzo lacono Date
STATE OF ARIZONA )
) Ss.
County of Maricopa )
Yr
On this 1M day of September 2020, before me, the undersigned Notary Public, in and
for the County of Maricopa, State of Arizona, personally appeared Tara Iacono, known to me to
be or satisfactorily proven to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that they signed the same for the purposes therein contained.
Page 9 of 11
DANYER MILANES
iI Notary Public - Arizona
IN WITNESS WHEREOF, | have hereuntd set my and sghl. | Te eee
My Commission expires: 67% [v4] 2021
PATRICK IACONO, Co-Conservator and father of minor, Enzo lacono Date
STATE OF ARIZONA )
) Ss.
County of Maricopa )
On this day of September 2020, before me, the undersigned Notary Public, in and
for the County of Maricopa, State of Arizona, personally appeared Patrick lacono known to me
to be or satisfactorily proven to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that they signed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Notary Public
My Commission expires:
APPROVED AS TO FORM:
Thomas Richardson, sis
Attorney for 3] of
Date: {04 722
Page 10 of 11
IN WITNESS WHEREOF. | have hereunto set my hand and seal.
Notary Public
My Commission expires:
2 L 7,
7 tA £ - 09/10/2020
PATRICK IACONO, Co-Conservator and father of minor, Enzo lacono Date
STATE OF ARIZONA )
) ss.
County of Maricopa )
i .
On this tO. day of September 2020, before me, the undersigned Notary Public, in and
for the County of Maricopa, State of Arizona, personally appeared Patrick Iacono known to me
to be or satisfactorily proven to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged that they signed the same for the purposes therein contained.
My Commission expires: GA foozy 6 ae
9 me VER MILANES
i CD, Notary Public - Arizona
e J Maricopa County
My Comm. Expires Sep 14, 2021
APPROVED AS TO FORM:
—_
“a
Thomas Richardson, Esq.
Attorney ‘9 PI ace
Date: of 2620
Page 10 of 11
FOR AND ON BEHALF OF MARICOPA
COUNTY
BY:
Clint Hickman
Chairman, Board of Supervisors
ATTEST:
Clerk of the Board
Date:
Approved as to form:
Christine B. Stutz
Deputy County Attorney
Date:
Page 11 of 11