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HomeMy WebLinkAbout1988-07-05; City Council; 9511; Settlement AgreementI ,' .. z 0 6 a i 0 z 3 0 0 ~~~ hB#m MTG.7/5/88 DEPT. CA CI- OF CARLSBAD - AGENF BILL TITLE: SETTLEMENT OF AMES V. CITY OF CARLSBAD RECOMMENDED ACTION: It is recommended that the City Council authorize settlement of' this case by adopting Resolution No. f..-A/L and authorize the Risk Manager to make payment of the settlement amount from the liability fund . ITEM EXPLANATION This case arises from a traffic collision between a Carlsbad police unit and plaintiff who was stopped in an alley located between the Jack in the Box restaurant and Texas Liquor adjacent to Elm Avenue on April 11, 1986. Plaintiff suffered personal injuries and property damage as a result of this collision. It was referred to arbitration and the arbitrator awarded $14,740. Plaintiff has filed a request for a trial de novo in the Superior Court. Plaintiff Is are willing to dismiss this action and release the City and its employee from further liability for the sum of $16,509.40. Attached are the executed releases evidencing this fact. There is a second lawsuit arising from this incident which has not been settled at this time. FISCAL IMPACT There are sufficient funds in the liability account to cover the settlement. EXHIBITS Resolution No. Ff-aL6 Release and Satisfaction Agreements 88-2 16 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED AMES V. CITY OF CARLSBAD WHEREAS, by recommendation of the City Attorney the City ouncil of the City of Carlsbad, California has approved a ettlement in the case entitled Ames v. Citv of Carlsbad; and WHEREAS, there are sufficient funds available in the iability self-insurance reserve account to pay the settlement, NOW, THEREFORE, BE IT RESOLVED by the City Council of he City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the expenditure of $16,509.40 from the iability self-insurance reserve account is authorized for the ettlement of said case. 3. That the City Council approve the settlement and uthorize disbursement of $16,509.40 from the liability self- nsurance reserve account. .. .. .. .. .. .. .. .. 1 2 3 a 9 10 11 12 t 18 19 20 21 22 23 24 25 26 27 28 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of day of _. .he City Council of the City of Carlsbad on the 5th July , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None LTTEST: LLETHA L. RAUTENKRANZ, City Cbrk :SEAL) RELEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for an in consideration of the sum of fifteen thousand three hundred seventy four dollars and forty cents ($15,374.40) receipt of which is hereby acknowledged, the undersigned, Pamela Ames, does hereby acknowledge full satisfaction and payment of each and every claim and/or demand of whatever kind or nature that now exists or may hereafter accrue on behalf of the undersigned against the CIT'r' OF CARLSF3AD and OFFICER MICHALEK, its agents and servants, or any other person or persons, firm, corporation, association, partnership or entity acting on their behalf, charged with responsibility for or liable directly, indirectly or vicariously for damages and injuries to the undersigned, alleged to have arisen or resulted from an incident, casualty or event which occurred April 11, 1986, in the City of Carlsbad, County of San Diego, State of California, and for which said damages the undersigned claims that said CITY OF CARLSBAD and OFFICER MICHALEK, its agents and servants, at said time and place, are legally liable in damages, which said legal liability and damages are disputed and denied. The undersigned do hereby release and discharge said CITY OF CARLSBAD and OFFICER MICHALEK, its agents and servants, and any other person or person, firm, corporation, association, partnership or entity acting on their behalf, of and from each and every claim and/or demand of whatsoever kind or nature, arising or to arise in favor of the undersigned, including all claims for damage to property, attorney's fee, loss of earnings, loss of services, or special damage of any character, by reason of or growing out of the aforesaid incident, casualty or event. The undersigned will dismiss with prejudice that certain action now pending in the Municipal Court, North County Judicial District, for the County of San Diego, entitled Ames et al. v. Citv of Carlsbad et al. and numbered N34474 on the files therein. AS A FURTHER CONSIDER4TION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY AGREED THAT: 1. All claims, past, present or future, are disputed and this full and final settlement shall never be treated as an admission of liability or responsibility at any time or in any manner whatsoever on the part of the parties herein released. 2. This release is expressly intended to cover and include all claims and attorney's fees, several or otherwise, past, present or future, which can or may ever be asserted by heirs, or otherwise, including all causes of action therefor, as the result of the aforesaid accident, casualty or event, or the effects or consequences thereof. 3. The undersigned understands and agrees that this is a full and final release and that this release covers and includes all claims and attorney's fees of every kind or nature, past, present or future, known or unknown, suspected or unsuspected, and all claims under Section 1542, Civil Code of California, are hereby expressly waived. The undersigned understands said Section 1542 provides: "A general release doe not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.I@ 4. The undersigned will indemnify and save harmless said CITY OF CARLSBAD and OFFICER HICHALEK and persons above named, its agents, and servants, and any other person or persons, firm, corporation, association, partnership or entity acting on their behalf, of and from any and every claim and/or demand of every kind or character, iI?cludj.ng 31-1 causes of action therefor, which can or may ever be asserted by reason of injury to the undersigned as the result of the aforesaid accident, casualty or event or as a result of this settlement. 5. The undersigned shall be considered to have agreed to all the terms of this release and that the above-mentioned sum is the entire and only consideration for this release. 6. This release shall bind and be binding upon the heirs, executors, administrators and assigns of the undersigned. FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLDWING TO APPEAR ON THIS FORM: It is unlawful to: a. Present or CEUSB to be presented, false or fraudulent claim for the payment of a loss under a contract of insurance. b. Prepare, make or subscribe any writing, with intent to present or use the same or to allow it to be presented or used in support of any such claim. Every person who violates any provision of this section is punishable by imprisonment in state prison or by fine not exceeding one thousand dollars ($1,000) or both. The undersigned does hereby authorize and direct that payment of said sum be made by check or draft payable to the undersigned. IN WITNESS WHEREOF, the undersigned does hereunto set his .A -6 hand and seal this 4 day of Jdn GZ- , 1988. STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) :ss On this ,Ffl day of <-A-$'?fl , 19Pe - before me, the undersigned notary public in and for the above county and state, residing there' mmissioned and sworn, personally appeared &.i ??',A? 9/43 known to me, or provided to me on the basis of satisfactory evidence, to be the same person(s) described in and whose name is subscribed to this instrument, and acknowledged to me that he/she/they executed the same. , personally STATE OF CALIFORNIA I represent plaintiff in this litigation and I have read the foregoing IIRelease and Satisfactionv1 and have reconmended that my client execute the same. ANTOENET RELEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for an in consideration of the sum of one thousand one hundred thirty five dollars ($1,135) receipt of which is hereby acknowledged, the undersigned, Fred Isslieb, does hereby acknowledge full satisfaction and payment of each and every claim and/or demand of whatever kind or nature that now exists or may hereafter accrue on behalf of the undersigned against the CITY OF CARLSBAD and OFFICER MICHALEK, its agents and servants, or any other person or persons, firm, corporation, association, partnership or entity acting on their behalf, charged with responsibility for or liable directly, indirectly or vicariously for damages and injuries to the undersigned, alleged to have arisen or resulted from an incident, casualty or event which occurred April 11, 1986, in the City of Carlsbad, County of San Diego, State of California, and for which said damages the undersigned claims that said CITY OF CARLSBAD and OFFICER MICHALEK, its agents and servants, at said time and place, are legally liable in damages, which said legal liability and damages are disputed and denied. The undersigned do hereby release and discharge said CITY OF CARLSBAD and OFFICER MICHALeK, its agents and servants, and any other person or person, firm, corporation, association, partnership or entity acting on their behalf, of and from each and every claim and/or demand of whatsoever kind or nature, arising or to arise in favor of the undersigned, including all claims for damage to property, attorney's fee, loss of earnings, loss of services, or special damage of any character, by reason of or growing out of the aforesaid incident, casualty or event. The undersigned will dismiss with prejudice that certain action now pending in the Municipal Court, North County Judicial District, for the County of San Diego, entitled Ames et al. v. City of Carlsbad et al. and numbered N34474 on the files therein. AS A ETJRTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY AGREED THAT: 1. All claims, past, present or future, are disputed and this full and final settlement shall never be treated as an admission of liability or responsibility at any time or in any manner whatsoever on the part of the parties herein released. 2. This release is expressly intended to cover and include all claims and attorney's fees, several or otherwise, past, present or future, which can or may ever be asserted by heirs, or otherwise, including all causes of action therefor, as the result of the aforesaid accident, casualty or event, or the effects or consequences thereof. 3. The undersigned understands and agrees that this is a full and final release and that this release covers and includes all claims and attorney's fees of every kind or nature, past, present or future, known or unknown, suspected or unsuspected, and all claims under Section 1542, Civil Code of California, are hereby expressly waived. The undersigned understands said Section 1542 provides: "A general release doe not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 4. The undersigned will indemnify and save harmless said CITY OF CARISBAD and OFFICER MICHALEK and persons above named, its agents, and servants, and any other person or persons, firm, corporation, association, partnership or entity acting on their behalf, of and from any and every claim and/or demand of every kind or character, including all causes of action therefor, which can or may ever be asserted by reason of injury to the undersigned as the result of the aforesaid accident, casualty or event or as a result of this settlement. 5. The undersigned shall be considered to have agreed to all the terms of this release and that the above-mentioned sum is the entire and only consideration for this release. 6. This release shall bind and be binding upon the heirs, executors, administrators and assigns of the undersigned. FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLWWING To APPEAR ON THIS FORM: It is unlawful to: a. Present or cause to be presented, false or fraudulent claim for the payment of i: loss under a contract of insurance. b. Prepare, make or subscribe any writing, with intent to present or use the same or to allow it to be presented or used in support of any such claim. Every person who violates any provision of this section is punishable by imprisonment in state prison or by fine not exceeding one thousand dollars ($1,000) or both. The undersigned does hereby authorize and direct that _- payment of said sum be made by check or draft payable to the undersigned. IN WITNESS WHEREOF, the undersigned does hereunto set his hand and seal this !i' day of JL /,{( , 1988. i STATE CF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) :ss -- On this k' day of -.J L-C , 19 5 6 before me, the undersigned notary public in and for the above county and state, residing therein, duly commissioned and sworn, personally appeared ~zL,:) f.: ,J' cz -,,,la ~ztj , personally known to me, or provided to me on the basis of satisfactory evidence, to be the same person(s) described in and whose name is subscribed to this instrument, and acknoyledged to me that .. same .,P, he/she/they executed the ,,, - I NO-Y PUBLIC IN AND FOR THE STATE OF CALIFORNIA I represent plaintiff in this litigation and I have read the foregoing "Release and Satisfaction" and have recommended that my client execute the same.