IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA. Plaintiff, Case No CA-1845 PROPOSAL FOR SETTLEMENT

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1 HARRY BENNETT, IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA v. Plaintiff, Case No CA-1845 MANATEE COUNTY, a political subdivision of the State of Florida, Defendant. / PROPOSAL FOR SETTLEMENT Defendant MANATEE COUNTY, by and through its undersigned counsel, pursuant to Fla. R. Civ. P and , Fla. Stat., hereby serves this proposal for settlement for all pending claims Plaintiff HARRY BENNETT has made against MANATEE COUNTY, upon the following terms and conditions: (1) The Applicable Florida Law is: Rule 1.442, Florida Rules of Civil Procedure; , Fla. Stat.; and applicable case law, including but not limited to: White v. Steak and Ale of Florida, Inc., 816 So.2d 546 (Fla. 2002). This proposal for settlement expressly incorporates all provisions, limitations and sanctions provided in Rule 1.442, Florida Rules of Civil Procedure and , Fla. Stat., as applicable. (2) (A) MANATEE COUNTY is the party making the proposal and Plaintiff HARRY BENNETT is the party to whom the proposal is being made. (B) This proposal covers all of the claims Plaintiff asserted or could have asserted in his Complaint in the Circuit Civil Case of Harry Bennett v. Manatee County, Case No CA- 1845, pending in the Twelfth Judicial Circuit in and for Manatee County, Florida. (C) The conditions of the proposal are as follows: 1

2 1. Plaintiff will execute and file with the Court a notice of voluntary dismissal with prejudice after receiving the settlement funds. 2. Plaintiff will execute and deliver to Defendant Manatee County a general release in favor of MANATEE COUNTY, and its agents, employees, attorneys and assigns. (A copy of said release is attached as Exhibit "A") 3. Plaintiff will be responsible for payment of all third party liens or claims arising out of this incident and will indemnify MANATEE COUNTY in the event MANATEE COUNTY is subrogated. (D) MANATEE COUNTY will pay the Plaintiff the sum of FORTY-THREE THOUSAND SIX HUNDRED ELEVEN AND 52/100 DOLLARS ($43,611.52), which is the total amount of this offer. The non-monetary terms are set forth in section (C) of this proposal. (E) There are no punitive damages alleged in the Complaint and Plaintiff has asserted no claim for punitive damages. (F) This proposal includes attorney's fees and each party will pay its own attorney's fees and costs. Attorney's fees are not a part of the legal claim(s). (G) This proposal for settlement shall remain open for thirty (30) days, unless withdrawn in writing. If the proposal is not accepted in writing within the thirty (30) days, it will be considered rejected. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed with the Clerk of the Court and served by pursuant to Fla. R. Jud. Admin (b) to: Thomas M. Schoendorf, Esq. and Derek A. Reams, Esq., McCue, Reams and Associates, Leonard A. McQue, P.A., th Street West, Bradenton, FL Qlawservice@Qlaw.com this 2

3 day of March, JAMES A. MINIX Chief Assistant County Attorney Manatee County Attorney s Office Post Office Box 1000 Bradenton, Florida (941) ; FAX (941) Florida Bar No.: Primary jim.minix@mymanatee.org Secondary s: trudy.morris@mymanatee.org and carol.owsianka@mymanatee.org Attorney for MANATEE COUNTY 3

4 KNOW ALL MEN BY THESE PRESENTS: RELEASE OF ALL CLAIMS That the undersigned, hereinafter the Releasor, being of lawful age, for the sole consideration of FORTY-THREE THOUSAND SIX HUNDRED ELEVEN AND 52/100 DOLLARS ($43,611.52) to the undersigned in hand paid, receipt whereof is hereby acknowledged, does hereby for herself and for her heirs, executors, administrators, successors and assigns, release, acquit and forever discharge MANATEE COUNTY, a political subdivision, hereinafter the Releasee(s), and its agents, attorneys, servants, successors, employees and other representatives, of and from all claims, demands, damages, actions, third-party actions, causes of action or suits at law or in equity of whatever nature, known and unknown, both to person and property, which have resulted or may in the future develop, from an accident which occurred on or about the 5th day of November, 2012, while being transported, by Manatee County Emergency Medical Services, on a stretcher in the back of an ambulance in Manatee County, Florida, and any claims or assertions raised or which could have been raised in connection with the claim against Manatee County brought by the undersigned in Manatee County, Florida, Circuit Court Case No CA- 1845, Harry Bennett v. Manatee County. ATTORNEYS' FEES Each party hereto shall bear all attorneys' fees and costs arising from the action of its own counsel in connection with this matter, the terms of the settlement agreement, the matters and documents referenced herein, the filing of a dismissal of the Complaint, and all related matters. VOLUNTARY DISMISSAL WITH PREJUDICE Following the execution of this release and settlement agreement, counsel for the Plaintiff has, or will, in the immediate future, deliver to counsel for the Defendant an executed voluntary dismissal with prejudice of all claims that have been brought or could be brought in this action. Upon receipt of these documents, counsel for the Defendant shall promptly submit a request for payment of the settlement to the Manatee County Clerk of Court. Upon notification that the settlement funds have been transmitted to counsel for the Plaintiff, Defendant shall file the dismissal. The Plaintiff has authorized Plaintiff's counsel to execute the dismissal on her behalf and hereby authorizes counsel for the Defendant to file the dismissal with the court and enter it as a matter of record. RESERVATION OF FIRST PARTY BENEFITS Notwithstanding anything herein to the contrary, this Release shall not release any health, disability or other insurance carrier or self-insured from its obligation to provide any personal injury protection coverage, medical payment coverage, uninsured/underinsured motorist coverage, health insurance coverage, major medical insurance coverage, workers' compensation benefits/insurance, and/or disability insurance coverage form all claims and demand, rights and causes of action of any kind the undersigned now has to hereafter any have, on account of personal injuries known or unknown to the undersigned arising from the subject accident. It is the intention of the parties to this agreement to release and discharge the Releasee(s) only, and to reserve all rights of Releasor(s), to obtain all first party benefits to which Releasor(s) may be entitled. Exhibit A 4

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6 LIENS AND SUBROGATION INTERESTS The undersigned agrees to satisfy or otherwise resolve any lien or subrogated interest for Medicare, Medicaid, workers' compensation and health care benefits paid or payable to or on behalf of the undersigned as a consequence of the occurrence settled pursuant to this agreement. Plaintiff agrees that she is responsible for all past and future Medicare, Medicaid, set asides, workers' compensation liens and health care expenses, as well as any related fines, fees or costs. THE UNDERSIGNED ACKNOWLEDGES THAT SHE HAS READ THIS RELEASE AND UNDERSTAND THE TERMS OUTLINED HEREIN. Signed, sealed and delivered this day of, WITNESS HARRY BENNETT, Releasor Typed or printed name of witness STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of, 2015, by HARRY BENNETT, who is personally known to me or who has produced as identification. (Seal) Notary Public, State of Florida Print Name: Expiration Date: 6