HomeMy WebLinkAbout1996-11-19; City Council; Resolution 96-385$
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RESOLUTION NO. 96-385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING DEPOSIT OF
ITS SELF-INSURED RETENTION AMOUNT TO
CALIFORNIA AFFILIATED RISK MANAGEMENT
AUTHORITIES (CARMA) FOR SETTLEMENT OF THE
LAWSUIT ENTITLED POWERS V. CITY OF CARLSBAD,
CASE NO. N68145
WHEREAS, the Powers family suffered injuries in a collision with a
Carlsbad police vehicle on December 18, 1994; and
WHEREAS, the Powers family filed a lawsuit in San Diego Superior
entitled Powers v. Citv of Carlsbad, Gannon Maszk, Case No. N68145; and
WHEREAS, the parties to this lawsuit dispute liability; and
WHEREAS, the parties wish to avoid a protracted trial, the hazards
litigation, to obtain certainty in their affairs, and avoid future litigation and future
appeals; and
WHEREAS, the matter has been mediated before the San Diego Su
Court, retired judges and justices of the court, and court of appeals; and
WHEREAS, the parties have agreed to settle their disputes once an
all and forever,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Financial Management Director is authorized to deposit
City’s self-insured retention amount of $500,000 in accordance with its agreemen1
CARMA making appropriate deductions for costs and attorneys fees thus far expc
in defense of the case.
3. That the Financial Management Director is further directed to req
CARMA to obtain all necessary and proper settlements and releases by plaintiffs 1
satisfaction of the City Attorney.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
Council of the City of Carlsbad on the 19th day of NOVEMBER , 1996, by
following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, 1
ATTEST:
NZ, City Clerk
stant City Clerk
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