SETTLEMENT AGREEMENT AND GENERAL RELEASE

This Settlerncnt Agreement and General Releasc (Agreement) is made and entet'ed into
between plaintiff Kenneth J. Moss (Plaintiff) and defendants Robert K. Sweerrey, Ron Counts,
Robert T. Shockey, and SusanBoote(Defendants), this
f(
ayof April,2014.
This Agreernent is made in view of the following facts:
1, Plaintiffhas filed a civil action styled Kenneth J. Moss v. Robert K Sweeney, et
a/.,CauseNo. I3JE-CC00134,cun'entlypendingintheCircuitCourtofJefferconCounty,State
ofMissouri (the Action). Plaintiff is represented irr the actionby the law finn of Pleban &
Petruska Ltw,LLC.
2, In the Action, plaintiffbrings claims against defendants and co-defendants Kevin
L. Ganison and Protective & Investigative Services, Inc. (co-defendants) for defamation, prima
facie tort, and civil conspiracy. Plaintiff further asserts a clairn for malpractice against defendant
Sweeney. Piaintiff claims fbat he is entitled to comparsatory and punitive damages, as well as
court costs on account of the alleged actions ofdefendants and co-defenclants. Plaintiffls claims
are set forth in greater detail in the pleadings filed in the Action.
3. Defendants have denied and continue to deny that they are liable to plaintiff for
torts under Missouri law as alleged in the Action, and plairrtiff and defendants understand and
agree thatthey are entering into this Agrrcement to settle doubtful, dubious, and disputed claims.
4. Plaintiffand defendants desire to resolve finatly and completely all of their
outstanding differences, disputes, and
"lairn*
that arise out of the matterc alleged in the Action.
NOW, THEREFORE, in consideration of the mutual promises herein contained, and the
consideration rccited below, the sufficiency of rvhicli plaintiffhereby acknowledges, the
llarties
hereto agree as follows:
I. Defendants' irrsurel's, on behalf of defendants, shall pay to plaintiff and his
attomeys the sum of Sixty Thousand Dollars ($60,000.00). That surn shall be paid to plaintiff
and his attomoys within fourteen (14) days finm the dateplaintiffexecutes this Agreement.
2. hr consideration of the payment to plaintiffand his attorneys of the sum of Sixty
Thousand Dollars ($60,000.00), plaintiff hereby roleases and forever discharges defendant
Robert K. Sweeney and defendants Ron Counts, Robert T. Shockey, and Susan Boone in both
their individual and oJfisial capacities frorn all claims, liability, charges, actions, causes of
action, denrands,
judgments,
and exscutions and/or suits at law or in equity or before any
adrninistrative tribunal of any and every kind whatsoever that plaintiffhas, had, or in the fuhrre
mayhave, whether known or unknown, which arise out of or in connection rvith, or which relate
in any rnanner to conduct, actions, events, ol circumstances occurring at any time up to and
including the date this Agreernent becomes effective. Without limiting the generality of the
foregoing the release set forlh in this paragraph specifically includes, but is not limited to, all
matters that ale or could have been the subject of the Aotion, any matters pertaining or relating to
defendants, arrd with regard to plaintiffs claims against defendants Counts, Shockey, and Boone
in their offrcial capacities, to arry of the City of Arnold's directors, officials, law enforcement and
other officers, agents (except any co-defendant named in the Action), and/or employees, whether
elected appointed, including plaintffPs clairns for defamation, prima facie tort, civil conspiracy,
arrd legal malpractice, as well as any other clairns plaintiffmiglrt have under fueral and state
statutory or conlrllon larv or under any other federal, state, or local lan, and plaintiffls clairns in
the Action for darnages arrd court costs, all of which plaintiff agrees to dismiss with prejudice
2
against the defendants named herein but nol any co-defendant. PRO\rIDED' however, that
nothing horein shall release any claim or right plaintiff rnay have that arises after the date this
Agreonent is executed, nor shall it release any claim or riglrt plairrtiffmay have against any
person or entity other than those set forth in this paragraph.
3. Plaintiff and the defendants named heroin agree to prepare and file ajoint
stipulation for dismissal of the Action, rvith all of plaintiffs clailns against the defendants named
herein to be disrnissed with prejudice in all respecls, and rvith each party to bear that party's own
court costs. This stipulation shall not affect any claim that plaintiff has asserted and/ol is
pending against any co-defendant not named hercin.
4. Plaintiff agrees that nothing in this Agreemelt, or the execution of this
Apeement, or the taking of any action pursuant to this Agrcement, is an admissionby
defendants Sweeney, Counts, Shockey, and Boone of liability or fault, and eacli of the foregoing
defendants expressly denies any liability or fault.
5. This Agreernent shall inure to the benefit of defendants and all their
administratols, successors, and assigns, past and present, and anyone claiming tluough them.
6. Plaintiff rvamants that he is authorized to enter into this Agreement and that to
plaintifPs knowledge, no other person or entity has, or claims to have, any rights or interest in
the subject matter of the Action described in paragraph A of this Agreement, or to the proceeds
of the sums set forth in paragraph l above, except for plaintiffls attomeys, and plaintifffirrther
warrants that plaintiffhas authorizCd his attor:reys to satisfr any liens, rights or subrogation,
and/or any other right of rrimbursement fiom tlre sunrs set forth in paragraph 1 abovg including
any Medicate Part A or Part B liens.
7. Plaintiff acknowledges that the consideration described in paragraph I of this
Agreement is all that defendants are causing to be paid to and done for plaintiffin settlement of
the Action described in paragraph A. Plaintiffagrees that he will be liable for payrnent of any
faleral, state, ot local taxes that rnay be due by reason of the of the paynent to hirn of the
monetary consideration dessribed in paragraph 1 ofthis Agreement.
8. Plaintiff states that he is of legal age and that in siguing this Ageernent, plaintiff
has relied solely upon his own
judgrnent;
that he has read the Ageement andlor that the
Agreement has been rcad to him; and that he fully undorstands and agl'ees to its provisions.
Plaintiffflrrther acknowledges that no one has influenced or coerced him into signing this
Agreement.
9. Plaintiff and plaintifPs attomeys agree to keep the tenns of this Agreement
confidential and not to rnake public the tenns of this Agreement. SpecificallS plaintiff and
plainti{Ps attomeys agree not the rnake any public comment regarding the terms of this
Agreement or any matter related to tlre settlement of this case, iucluding refraining from giving
interviews in public rnedia, or issuirrg prss or other public media releases, or discussing the
foregorng matters in a public fomm. However, nothing in this clause shall prevent plairrtiff or
plaiutiffs attorneys fiom discussing the tenns of this Agreement or any rnatter related to the
settlenent of this case with plairrtiffs irnmediate family, plaintiffs health care providers, or
plaintiffs tax advisers, provided that such discussion is not done at a public forum and further
provided that plaintiff or plaintiffs attorneys advise plaintiffs immediate family, plaintiffs
health carcprovidem, or plaintiffs tax advisers of the provisions of this paragraph. Additionally,
nothing in this clause shall prevart Plaintiff fimn stating that his larvsuit was settled to his
satisfaction.
4
Notrvithstanding the foregoing, should this Settlernent Agreement becorne a matter of
public record, nothing herein shall prevent Plaintifffiorn dissussing the settlement and its terrns.
Additionally, notwithstanding the foregoing nothing herein shall prevent Plaintiff Ii"onr
responding to any election or other issue made of this Agreement by anyone.
10. Plaintiffexpressly agrces that the laws oftlie State of Missouri shall govern the
validity, construction, interpretation, and effect of this Agreement, including the provisions of
Mo.Rev.Stat.
$537.060,
r,vhich provides
that this Agreement shall discharge clefendants, and all
others released by reason ofparagraph 2 of this Agreement, from all liability for contribution or
non-contractual indemnity to any other tortfeasor.s.
11. This Agreanrent ernbodies the entirc agreement between plaintiff and the
defendants named herein. There are no promises, terms, conditions, or obligations other than
those contained herein. All prior negotiations, understandings, conversations, and
commrrnications are merged into this Agreernent and have no force or e{fect other than as
expressed in the body of this Agreement.
IN WITNESS WHEREOF, plaintiffhas exccuted this Agreement effective
gprn(
2014.
STATB OF MISSOURI
corJNrY oF
5{. La,/u
lss
6o rn"
a Notary Public, do hereby cedify that
l(ntl(fr^
J,
fio
s's .personallyknowntometobethesamepersonwhosenameis {nnt
subsctibed to the foregoirrg instrument, appeared before me this
_
day ofApril, 20l4,in
person, and acknorvledges that he signed and delivered this instrument of his free and.r,oluntary
act, for the uses and purposes therein set forth.
IN TESTMONEY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
Lynette M. Petruska
Atnrneysfor Platutttf
Attarney
lor
Defendants Robert
&veaney, Ron Counts, and Robefi
Behr