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SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Steven Gibson, Jr., ("Releasor") hereby enters into this Settlement
Agreement and Release of all Claims ("Settlement Agreement") with Maricopa
County, and all of its past, present, and future members of the Board of
Supervisors, elected officials, officers, directors, attorneys, agents, employees,
servants, representatives, affiliates, assigns, and all other persons, firms, or
corporations with whom any of them have been, are now, or may hereafter be
affiliated (hereinafter collectively referred to as "Releasees").
RECITALS
A.
On or about March 1, 2013, Releasor Steven Gibson Jr. killed his
father, Steven Gibson, Sr., by stabbing him with a knife. Releasor was a minor of
15 years at the time.
B.
Thereafter, Releasor's paternal grandparents, as part of the probate
of Steven Gibson, Sr.'s estate, initiated a wrongful death lawsuit against Releasor,
his mother, and his sister who had also participated in the killing.
C.
Because Releasor was a minor, the probate court appointed Paul
Theut and Theut Theut & Theut P.C. as Releasor's guardian ad litem. Rick Kilfoy
was thereafter appointed to represent Releasor in the wrongful death lawsuit. At
the end of the wrongful death lawsuit, Releasor was made jointly and severally
liable for a judgment in the amount of $50,010,000.00. Following this result,
Releasor initiated a lawsuit against Releasees relating to his representation in the
wrongful death lawsuit under case number CV2016-094631, said case being
initiated in Maricopa County (hereafter "the Lawsuit"). Releasor alleged, among
other things, that Maricopa County was vicariously liable for the actions of the
court-appointed lawyer Kilfoy and court-appointed guardian ad litem Theut.
Releasor has also alleged Maricopa County was individually liable. Maricopa
County denied it was vicariously or individually liable.
D.
The parties to this agreement 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 of the Lawsuit,
upon the terms and conditions set forth herein.
AGREEMENT
The parties hereto hereby agree as follows:
1.
Release, Discharge, and Indemnity.
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In consideration of the payments called for herein, Releasor hereby
completely RELEASES, ACQUITS AND FOREVER DISCHARGES Releasees
of and from any and all past, present or future claims, demands, obligations,
actions, causes of action, wrongful death claims, survival claims, rights, damages,
costs, losses of consortium, loss of services, expenses and compensation of any
nature whatsoever, whether based on tort, contract or other theory of recovery, and
whether for compensatory or punitive damages, which Releasor now has, 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 Lawsuit including, without
limitation, any and all known or unknown claims which now exist or may
hereafter arise in favor of Releasor resulting from the County's alleged selection,
vetting, hiring, appointment, retaining, and/or supervision of guardian ad litem's
or court-appointed attorneys and/or Kilfoy and/or Theut's representation in the
wrongfiil death lawsuit and the death of Steven Gibson, Sr. This Settlement
Agreement shall be fully binding and a complete settlement between Releasor and
Releasees.
Releasor agrees to DEFEND, HOLD HARMLESS, AND
INDEMNIFY Releasees from and against all claims, demands, obligations,
actions, causes of action, damages, costs and expenses of any other person or
entity, claiming harm, damages or injury because of any injuries or damages
alleged by Releasor related to the Lawsuit and the death of Steve Gibson, Sr.,
regardless of cause, any fault, or negligent or grossly negligent acts or omissions
of Releasees.
It is further understood that Releasor agrees to DEFEND,
REIMBURSE, HOLD HARMLESS, AND INDEMNIFY Releasees from any
liability arising from (1) any subrogation claim to which payments called for
herein may be subject; (2) liens for any compensation paid under any statute or
regulation, state or federal; (3) medical payments due or claims to be due; (4) any
attorney lien asserted by any prior legal representative; (5) any contract pertaining
to the proceeds from the settlement referred to in this Settlement Agreement;
and/or (6) all claims, liens, subrogation claims, obligations, actions, causes of
action, damages, 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.
Specifically, Releasor agrees that Releasees are not responsible for
payment of (1) any medical or mental health treatment required as a result of or
arising from the death of Steven Gibson Sr. and the subsequent wrongful death
lawsuit; (2) any hospital liens 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 federal
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statute, rule, or regulation; (4) any subrogation lien; or (5) 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 him.
2.
Payments.
In consideration of the Settlement Agreement set forth above,
Releasor agreed to accept monetary payment made by the insurers of Rick Kilfoy
and Rick Kilfoy, PLC and Paul Theut; Theut Theut & Theut, P.C., on behalf of
Releasees, Paul Theut; Theut Theut & Theut, P.C., Rick Kilfoy and Rick Kilfoy,
PLC.
Rick Kilfoy and Rick Kilfoy, PLC and Paul Theut; Theut Theut &
Theut, P.C., are not parties to this Settlement Agreement.
The State of Arizona also agreed to pay monetary payment to
Releasor, but is not a party to this Settlement Agreement.
Releasor acknowledges and understands that no monies shall be paid
by Releasees to Releasor.
3.
General Release.
Releasor hereby acknowledges and agrees that the Release set forth
in Paragraph 1 hereof is 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
Releasor does not know or suspect to exist, whether through ignorance, oversight,
error, negligence, gross negligence or otherwise, and which, if known, would
materially affect Releasor's decision to enter into this Settlement Agreement on
his own behalf. Releasor further agrees that Releasor has accepted payment of the
sum specified herein as a complete compromise of matters involving disputed
issues of law and fact and assumes the risk that the facts or law may be otherwise
than Releasor believes. It is understood and agreed by the parties to this
agreement 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
Releasees by whom liability is expressly denied.
Releasor further acknowledges that Releasees have relied upon their
representations and warranties in making this settlement and will indemnify and
hold harmless Releasees, their attorneys and insurance carriers from any and all
claims or suits resulting from the payment or the distribution of this settlement,
including payment of his attorney fees and court costs from defending such claims
or suits arising from the reasonableness, division and distribution of the settlement
proceeds.
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4.
Confidentiality.
The Parties agree that confidentiality is of mutual benefit to the parties,
and that specific consideration is given for this confidentiality provision. The
Parties agree that the specific terms and conditions of this Settlement Agreement,
including the amount of money being paid, shall remain confidential and shall not
be publicly disclosed, discussed, or described by the undersigned or their
attorneys, to the extent allowed by law and except as may be required by law.
Plaintiffs and Plaintiffs' counsel further agree that they will not participate in any
press conferences, social media, or otherwise public disclosure concerning the
lawsuit or settlement.
In no event shall it be considered a breach of this Settlement Agreement
if Releasees respond to and/or provide information covered under this Agreement
in response to requests for information pursuant to state law, legal documents,
subpoenas, or other types of court orders.
5.
Warranty of Capacity to Execute Agreement.
Releasor 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, and that he has the sole right and
exclusive authority to execute this Settlement Agreement and direct the
distribution of the sums specified in it; and that they have 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.
6.
Delivery of Other Court 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.
Defense counsel shall deliver to counsel for Plaintiff an executed
Stipulation for Dismissal with Prejudice of all claims and actions, as well as a
Notice of Dismissal to be filed with the Arizona Supreme Court. Plaintiff hereby
authorizes counsel for Defendants to file said Dismissal with Prejudice in the
Maricopa County Superior Court and a Notice of Dismissal with Prejudice with
the Arizona Supreme Court upon transmittal of immediately-available funds as
provided herein.
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7.
Attorney's Fees and Costs.
Each party hereto shall bear its own attorney's fees and costs arising
from the actions of its own counsel in connection with the Lawsuit, the Appeal,
the Petition for Review, this Settlement Agreement, and the matters and
documents referred to herein.
8.
Entire Agreement and Successors in Interest.
This Settlement Agreement contains the entire agreement between
Releasor and Releasees 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.
9.
Representation of Comprehension of Document.
In entering into this Settlement Agreement, Releasor represents that
he has had the opportunity to seek the advice of legal counsel of his own choosing
and that the terms of this Settlement Agreement have been completely read, fully
understood and voluntarily accepted by Releasor.
10.
Governing Law.
This Settlement Agreement shall be construed and interpreted in
accordance with the laws of the State of Arizona.
11.
Income Tax Consequences.
None of the parties released have made any representations
concerning, nor shall they be responsible in any manner for, the income tax
consequences to Releasor resulting from the execution of this Settlement
Agreement, or from any payment made pursuant to this agreement.
12.
Effectiveness.
This Settlement Agreement shall become effective following its
execution by Releasor.
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WITNESS MY HAND on this
day of V)eCevw-Y-C
2019.
STATE OF ARIZONA )
) ss.
County of Maricopa
On this ,3(-cl day of aTern berz,
2019, personally
appeared Steven Gibson, Jr., known to me to be the person whose name is
subscribed on the foregoing Settlement Agreement and Release of All Claims, and
acknowledged to me that he read and understood the same and executed the same
for the purpose and consideration and in the capacity therein expressed.
OFFICIAL SEAL
JOANNA E YOUNG
NOTARY PUBLIC - State of Arizona
MAR1COPA COUNP1
My Comm. Expires December 14, 2021
WITNESS MY HAND on this
day of
2019.
Bill Gates, Chairman of the Board
of Supervisors
STATE OF ARIZONA
County of Maricopa
On this
day of
2019, personally
appeared . All Claims, and acknowledged
to me that he read and understood the same and executed the same for the purpose
and consideration and in the capacity therein expressed.
Notary Public
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