03/22/2023 Agreement IN THE CIRCUIT COURT OF THE
16"JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
Case No. 22-CA-000108-K
TOMMY ALFONSO,as father and
Natural guardian of T.A., a minor,
Plaintiff,
V.
MONROE COUNTY,
Defendant.
SETTLEMENT AGREEMENT
The Parties, TOMMY ALFONSO, as father and Natural guardian of T.A., a minor
("Plaintiff"), and MONROE COUNTY ("County" or "Defendant"), (collectively the "Parties"),
by and through their respective counsels,have reached a settlement agreement subject to approval
by the County's Board of County Commissioners ("Board"). The terms of the agreement have
been carefully read and are binding and enforceable,and are set forth as follows:
I. This Settlement Agreement shall be presented to the Board during the Board's
March 22, 2023, meeting. This Settlement Agreement must be executed by Tommy Alfonso,
Marilyn Curry, and Plaintiffs counsel, and delivered to the County's counsel, no later than
Tuesday, March 14, 2023, at 12:00 p.m., in order to be presented to the Board at the March 22,
2023,Board meeting. This Settlement Agreement shall not be filed with the Court.
2. This Settlement Agreement is entered on behalf of both parents individually and as
parents and natural guardians of the minor,T.A., and is contingent upon Board approval and court
approval of the settlement.
3. A general release shall be executed in the event the court approves the settlement.
The general release shall include indemnification of all claims against the County. The general
release must be signed by both parents individually and on behalf of the minor as their natural
guardians once the settlement is approved by the court and upon the appointment of a guardian by
the court. A copy of the general release is attached to this agreement and incorporated herein.
4. Within thirty(30)calendar days of Plaintiff's delivery of the fully executed release
to the County, the County will pay seventy-five thousand dollars ($75,000.00) to Couture Law
P.A., 2930 W. New Haven Ave., West Melbourne FL 32903, client trust account or as otherwise
prescribed by the court.
5. Plaintiff agrees to dismiss all claims asserted in, or that could have been asserted
in,the matter styled Tonwq Alfonso v, Monroe County, Case No. 22-CA-000108-K, in connection
with T.A.'s incident that occurred at Bernstein Park on May 12, 2021.
G. From these settlement funds, Plaintiff agrees to satisfy all related and outstanding
liens.
7. Plaintiff shall file a notice of voluntary dismissal with prejudice against the County
within five(5)calendar days of clearance of settlement funds,
8. This Settlement Agreement is entered into in order to resolve the litigation and
avoid the expenditure of time and resources, and should not be considered to be an admission of
liability by either party in this litigation.
9, The Parties shall bear their own attorney's fees and costs in connection with this
action.
10, Electronic signatures shall have the same force and effect as original signatures.
03/10/2023 17:55 UTC
Tommy Alfonso, Date
Individually and as
Parent and natural guardian of
T.A.
03/10/2023 18:13 UTC
Marilyn A. Curry, Date
Individually and as
Parent and natural guardian of
T.A
131
Plaintiff's counsel Date
Digitally signed by Robert B.Shlifinger
DIN.—RobeqB.Shillinger,o B.O.C.C.of Monroe County,FL,ou—County Attorney,
Robert B. Shillinger —,,�shllfljnge,bob@mon_—nty-fl.goy,-US
Dal, 023.03.23 12:27:38-04'00'
Defendant Date
DZe fen ant -§co sel Date