HomeMy WebLinkAbout1988-03-08; City Council; 9318; Settlement AgreementCIT-OF CARLSBAD - AGEND-BILL
AB# '331 B TITLE: APPROVAL OF SETTLEMENT OF DEPT. H&.L$
VAN WEY V CITY OF CARLSBAD I CITY ATTY
DEPT. RM I lcin MGR.~
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RECOMMENDED ACTION:
Approval of Resolution No.
authorizing the expenditure of $275,000.00 as the City's contribution to the
settlement reached between all of the parties in the Van Wey case.
gr - 70 approving the settlement agreement and
ITEM EXPLANATION
This lawsuit arose as the result of a traffic collision which took place on Melrose
Avenue on September 4, 1986. As a result of that incident, one of the
drivers sustained severe and permanently disabling injuries.
A settlement agreement has been reached which satisfactorily resolves all of
the claims of all of the parties to this action.
Attorney recommend approval of this
The Risk Manager and the City
settlement.
It is not to be interpreted or construed as an admission of liability on the part
of the City. It simply represents a resolution of the litigation which, under all
of the facts and circumstances, is in the best interests of the City.
The usual General Release is not attached because it has not yet been approved
by all of the other attorneys as to its form.
authorizes the City Attorney to sign the settlement agreement on behalf of
the City when the drafting issues are resolved.
In this case, Resolution No. fE70
FISCAL IMPACT
The total cost of the settlement of this case is $275,000.00. There are
sufficient funds in the City's Liability Reserve Account to cover the cost of
this settlement.
EXH I B I T
Resolution No. 88 - 70
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RESOLUTION NO. 88-70
A RESOLUTION OF THE CITY COUNCIL OF THE CIT!
OF CARLSBAD, CALIFORNIA APPROVING THE
SETTLEMENT AND AUTHORIZING AN EXPENDITURE
OF F'UNDS FOR THE LAWSUIT ENTITLED VAN WEY V.
CITY OF CARLSBAD.
WHEREAS, City Attorney and the Risk Manager recommend
a settlement of the case entitled Van Wev v. City of Carlsbad
and the City Council agrees it is in the City's best interest;
and
WHEREAS, there are sufficient funds available in the
liability self-insurance reserve account to pay the settlement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the expenditure of $275,000 from the
liability self-insurance reserve account is authorized for the
settlement of said case.
3. That said expenditure is conditional upon the
execution and receipt of a Release of all Claims.
4. That the city Council approve the settlement of
this lawsuit and the disbursement of $275,000 from the
liability self-insurance reserve account and authorizes the City
Attorney to sign the settlement agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 8th day of March
, 1988, by the following vote, to wit:
AYES: Council Members Kulchin and Larson
NOES: None
ABSENT: Council Members Lewis and Mamaux
AB STAIN : Council Member Pettine
ATTEST :
ALETHA L. RAUTEN-Z, City Clqrk
( SEAL)