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HomeMy WebLinkAbout1988-08-23; City Council; 9601; Settlement AgreementCI"-y OF CARLSBAD - AGENF, BILL 4B#- MTG. 8/23/88 IEPT. CA DEPT. HD. SETTLEMENT OF LAWSUIT ENTITLED DAVID BRINGMANN V. CITY OF CARLSBAD CITY AT-@ CITY MGR.% RECOMMENDED ACTION: Adopt Resolution No. lawsuit. fre3#' , authorizing settlement of the ITEM EXPLANATION This lawsuit arises out of a vehicular accident which occurred on June 23, 1983 on Carlsbad Boulevard near its intersection with La Costa Avenue when plaintiff was stopped to make a U-Turn and was struck from behind by a City pickup truck driven by a former City employee. Plaintiff's vehicle was damaged and plaintiff sustained personal injuries which he alleged were permanent in nature. Plaintiff claimed damages in the sum of $500,000 which claim was denied and plaintiff subsequently filed a lawsuit on January 6, 1984. It has been thoroughly investigated and presently set for trial on November 1, 1988. This office recommends that this case be settled for the sum of $25,000 and no party admits any liability as a result. FISCAL IMPACT There are sufficient funds in the general liability fund for the costs of this settlement. EXHIBIT Resolution No. m3u/. i 1 2 3 4 5 6 7 €3 9 10 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 A RES LUT I RESOLUTION NO. 88-301 J OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED BRINGMA" V. CITY OF CARLSBAD WHEREAS, by recommendation of the City Attorney the City Council of the City of Carlsbad, California has approved a settlement in the case entitled Brinamann v. City of Carlsbad; 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 $25,000 from the liability self- insurance reserve account is authorized for the settlement of said case. 3. That the City Council approve the settlement and authorize disbursement of $25,000 fromthe liability self-insurance reserve account. .*. .*. ... ... ... .*. .*. .*. i' 1 2 3 4 5 6 7 a 9 10 11 12 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of bust 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and NOES: None ABSENT: None Pettine ATTEST: ALETHA L. F&UTENKRANZ, City plerk (SEAL) RELEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the sum of twenty five thousand dollars ($25,000) receipt of which is hereby acknowledged, the undersigned, DAVID DOWNEY BRINGMANN 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 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 arose out of a traffic accident occurring on June 23, 1983, and for which said damages the undersigned claims that said CITY OF CARLSBAD, 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 its agents and servants, and any other person or persons, 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 . 2 aforesaid incident, casualty or event. The undersigned will dismiss with prejudice that certain action now pending in the Superior Court for the County of San Diego entitled Brinumann v. City of Carlsbad and numbered N24532 on the files therein. AS A FURTHER 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 attorneys' 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 fuil and final release and that this release covers and includes all claims and attorneys' 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 does 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 . 3 materially affected his settlement with the debtor. I@ 4. The undersigned will indemnify and save harmless said CITY OF CARLSBAD and persons above named, their 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 sums 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 FOLLOWING TO APPEAR ON THIS FORM: It is unlawful to: a. Present or cause 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 .. . 4 exceeding one thousand dollars ($1,000) or both, The undersigned does hereby authorize and direct that payment of said sum of twenty five thousand dollars ($25,000) be made by check or draft payable to the undersigned. IN WITNESS WHEREOF, the undersigned odes hereunto set his hand and seal this jL day of 49 , 1988. DAVID DOWNEY BRINGMA" STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ): ss , 1988, before me, the undersigned notary public in and or the above county and state, commissioned and sworn, personally appeared r7rnrWnrlr-l , personally known to me, or badis of satisfactory evidence, to be the same person(s) described in an whose name is subscribed to this instrument, and acknowledged to me that he/*/* executed the same. + On this Ish day of (Seal)