HomeMy WebLinkAbout1989-04-25; City Council; 9990; Settlement AgreementCI-' OF CARLSBAD - AGENC" BILL $1 0
AB# 9''d
MTG. 4/25/89
DEPT. CA
TITLE: SETTLEMENT OF LAWSUIT ENTITLED
MAGIDOW V. CITY OF CARLSBAD
IDEPT. HD.
CITY MGR.
CITY ATT
RECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of this case by adopting Resolution No. 8-&7 and authorize the Risk Manager to make payment of the settlement amount from the liability fund .
ITEM EXPLANATION
This case arises from a traffic accident occurring on or about July
6, 1985 between the plaintiff, a bicyclist, and an automobile during the triathlon. Attached is the executed release and the dismissal.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS
Resolution No. 87-/27 Release and Satisfaction Agreement
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RESOLUTION NO. 89-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE
LAWSUIT ENTITLED MAGIDOW 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 Masidow 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 $65,000 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 $65,000 fromthe liability self-insurance
reserve account.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 25th day of April
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
(SEAL)
h
023/513 RTH
RECEIPT AND RELEASE AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That the undersigned, PAMELA MAGIDOW (hereinafter
referred to as "RELEASOR"), for and in consideration of the sum
of SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) for and on behalf of
herself, her heirs, executors, administrators, successors and assigns, has released, acquitted and forever discharged and by these presents does release, acquit and forever discharge THE CITY OF CARLSBAD, the agents, servants, employees, successors, assigns, heirs, executors, administrators, indemnitors, and
insurers of each of them, (hereinafter referred to as
"RELEASEES"), and all other persons, firms, corporations,
associations or partnerships of and from any, all and every
claim, action, cause of action, demand, right, damages, lien,
attorneys' fees, costs, loss of service, expenses, compensation
and liability of whatever kind and nature, which the undersigned,
her heirs, executors, administrators, successors or assigns ever
had, now have, or may hereafter have, arising from or in any way
growing out of any and all known and unknown, foreseen and
unforeseen bodily and personal injuries, property damage and
other losses and the consequences thereof resulting or yet to
result from the accident, casualty or event(s), which occurred on
or about July 6, 1985, at or near the intersection of La Costa
Avenue and El Camino Real, in the City of Carlsbad, the County of
San Diego, State of California, and made the subject of a lawsuit
numbered N31674 in the County of San Diego, wherein it was
alleged that RELEASOR suffered certain personal injuries as a
result of the alleged negligence or other wrongdoing of
defendant.
It is understood and agreed that this is a full and
final release of any and all claims arising out of said accident
or occurrence, including the rights and interests of the spouse of the undersigned, if any, and it is agreed as a further consid- eration and inducement for this compromise settlement, that it shall apply to all unknown and unanticipated injuries, death, property damage, or any other damage, loss of liability resulting from said accident, casualty or event, as well as to those now disclosed. It is further understood and agreed that this agree- ment has been made to resolve a disputed matter without any admission of liability or wrongdoing by any party hereto.
It is further understood and agreed that THE UNDER-
SIGNED DOES HEREBY WAIVE ALL RIGHTS AND BENEFITS WHICH NOW HAVE
OR IN THE FUTURE MAY HAVE UNDER AND BY VIRTUE OF THE TERMS OF
SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH
SECTION READS AS FOLLOWS:
RELEASOR'S
INITIALS
Page 1 of 3
c
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 materially affected his settlement with the debtor.
It is further understood and agreed that in considera-
tion of said payment, the undersigned will indemnify and save
harmless the SAID RELEASEES, and all other persons, firms or
corporations of and from, any and every claim, lien or demand of every kind or character which has been or may ever be asserted by
way of subrogation or any other proceeding by reason of said
injuries, property damage, or other loss or damage, or the
effects or consequences thereof by the undersigned, or her heirs or assigns or any other person, natural or artificial, claiming
to be damaged thereby.
In further consideration of said payment, the under-
signed agrees that in addition to their general application, the
hold harmless provisions hereof shall specifically apply to the
claims or demands for damage, loss or expense of the spouse,
children and other family of the undersigned, as well as to those
of any insurance company, medical plan, governmental entity or agency, fraternal or benevolent organization, employer, or any
other party claiming to have suffered damage, loss or expense by
reason of the accident or occurrence hereinabove described, the
cost of medical care, treatment of injuries and funeral expenses
to the undersigned or damage to property of the undersigned,
thereby occasioned, whether by way of subrogation, lien, inter-
vention or otherwise.
The undersigned hereby declares and represents that the
injuries sustained are, or may be, permanent and progressive and
that recovery therefrom is uncertain and indefinite and in making
this release it is understood and agreed that the undersigned releases wholly upon her own judgment, belief and knowledge of the nature, extent, affect, and duration of said injuries and
liabilities therefor and is made without reliance upon any
statement or representation of the party or parties hereto or on
behalf of said RELEASEES.
It is further understood and agreed that a true, accu-
rate and complete photocopy of this document is deemed a dupli-
cate original, each of them to have the full force and legal
effect as such and may be signed, if necessary in counterpart.
In further consideration of the aforesaid payment and
the settlement agreement above-described, the undersigned author- izes her attorney, Robert Hanger, YUSIM, STEIN & HANGER, located
at 16501 Ventura Boulevard, Suite 300, Encino, California, to dismiss with prejudice the said action at law now pending in the
INITIALS
Page 2 of 3
Superior Court in and for the County of San Diego, North County Branch and numbered N31674 on file herein.
THE UNDERSIGNED HAS READ THE FOREGOING THREE (3)
PAGE RlELEASE DOCUMENT AND FULLY UNDERSTANDS IT.
Signed, sealed and delivered this e, day of bt;\ I
1989.
CAUTION: READ CAREFULLY BEFORE SIGNING.
LS
RELEASOR'S IN IT I AL S
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