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HomeMy WebLinkAbout1990-03-13; City Council; 10471; SettlementCIT- OF CARLSBAD - AGEND. BILL AB# /< $y/ TITLE SETTLEMENT OF CASE ENTITLED MTG..&&L ROSENBLATT V. CITY OF CARLSBAD - N39533 DEPT. CA DEPT. HD.- CITY AlWvB It is recommended that the City Council authorize settlement of this case by adopting Resolution No. %-Id and authorize the Risk Manager to make payment of the settlement amount from the liability fund. ITEM EXPLANATION This case arises from a trip and fall occurring on or about May 24, 1987 at 2714 Levante. 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. 5% -A Release and Satisfaction Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 90- 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 ROSENBLATT V. CITY OF CARLSBAD - CASE NO. N39533. WHEREAS, by recommendation of the City Attorney the Citi Council of the City of Carlsbad, California has approved E settlement in the case entitled Rosenblatt v. City of Carlsbad; anc WHEREAS, there are sufficient funds available in thc liability self-insurance reserve account to pay the settlement, NOW, THEREFORE, BE IT RESOLVED by the City Council of thc City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the expenditure of $7,500 from the liabilit) self-insurance reserve account is authorized for the settlement of said case. 3. That the City Council approve the settlement and authorize disbursement of $7,500 from the liability self-insurance reserve account. ... ... ... ... ... ... ... ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1990, by (SEAL) the following vote, to wit: AYES: Council Members Lewis, Pettine, Mamaux and Larson I PASSED, APPROVED AND ADOPTED at a Regular Meeting of the/ I City Council of the City of Carlsbad on the 13th day of 1 ABSENT: Council Member Kulchin ATTEST: i v. c PELBABE OF A LL CLAIW 4 This agreement is made by and between RABBI JOHN ROSENBLATT and BARBARA ROSENBLATT of the County of San Diego, California, hereinafter called wReleasorsn, and THE CITY OF CARLSBAD and SUSIE PERRY, hereinafter sometimes called mReleaseesw. Releasors, pursuant to Sections 1541 and 1542 of the California Civil Code extinguish their rights and claims against the Releasees as hereinafter enumerated. In consideration of a check or draft in the amount of Seven Thousand Five Hundred Dollars ($7,500.00) from THE CITY OF CARLSBAD and a check or draft in the amount of Seven Thousand Five Hundred Dollars ($7,500.00) from SUSIE PERRY, both made payable to RABBI JOHN ROSENBLATT and BARBARA ROSENBLATT, and their attorneys of record, 3 the Releasors agree as follows: 1. The Releasors, on behalf of themselves, their heirs, executors, administrators, and assigns hereby fully release and discharge Releasees and their heirs, executors, administrators, assigns, themselves and their successors from all rights, claims and actions which the Releasors and their above- mentioned successors now have or may after the signing of this agreement have against the Releasees and their above-mentioned successors arising out of an accident which occurred on or about May 24, 1987, at, about and/or on property described as the sidewalk in front of property located at 2714 Levante Street, in the City of Carlsbad, County of San Diego, State of California, when Releasors fell (hereinafter referred to as Releasors' Complaint) in which Releasors were injured and damaged as more fully stated in Releasors' Complaint, and all other unknown injuries or damages suffered by Releasors. 2. This Release, notwithstanding Section 1542 of the California Cfvfl Code which provides that: 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,m releases all injuries, damages or losses to Releasors' person and property, real or personal, whether known, unknown, foreseen, unforeseen, patent or latent, which Releasors may have against Releasee. Releasors understand and acknowledge the significance and consequence of such specific waiver of Page 1 of 3 *. 6 Section 1542, and hereby assume full responsibility for any injuries, damages or losses that they may incur from the above- mentioned event. 3. This Release and settlement includes any and all liens for medical services, legal services, workers' compensation benefits paid, or liens of any other kind whatsoever, whether actual or asserted, present or prospective, any claims, causes of action or rights to attorney's fees, interest and costs incurred, any rights, claims or interest in causes of action or claims for insurance bad faith based on case law or California Insurance Code Section 790.03(h), whether actual or asserted, present or prospective, as against THE CITY OF CARLSBAD and SUSIE PERRY (Releasees). Releasors further agree for themselves, their heirs, executors, administrators and assigns, to fully and expressly indemnify, save and hold harmless and defend Releasees for and against all claims, demands, causes of action, damages, costs and losses, and liabilities arising out of any lien described herein. 4. Furthermore, Releasors agree that the monies paid by THE CITY OF CARLSBAD and SUSIE PERRY in consideration of this agreement are for reimbursement of medical expenses, lost wages and disability, as well as complaints of pain and suffering and loss of consortium, which resulted from the incident which forms the basis of plaintiffs' claims and Complaint, San Diego County Superior Court, North County Branch, Case No. N39533. 5. This Release is freely and voluntarily executed by us, RABBI JOHN ROSENBLATT and BARBARA ROSENBLATT and we hereby declare and represent that the injuries sustained are permanent and progressive, and that recovery therefrom is uncertain and indefinite, and in making this Release and agreement, it is understood and agreed that we rely wholly upon our agents and our own judgment, belief and knowledge of the nature, extent and duration of said injuries, and that we have not been influenced to any extent whatever in making this Release by any representations or statements regarding said injuries or regarding any other matters made by persons, firms or corporations who are hereby released, or by any person or persons representing him or them or by any physician or surgeon employed by him or them. the compromise of a doubtful and disputed claim, and that payment of said money is not to be construed as an admission of liability on the part of THE CITY OF CARLSBAD and SUSIE PERRY, their agents, employees and officers, by whom liability is expressly denied. We hereby represent that at the time we sign this Release were are not hospitalized in a medical facility, nor 6. It is understood and agreed that this settlement is 7. . - .. Pago 2 of 3 -7.'-' admitted to a medical facility within the past 15 days. further represent that this Release is not executed under duress. We 8. The Releasors have read this Release and had the terms used herein, and consequences thereof, explained by Hichael A. Feldman, of San Diego County, California, licensed as an attorney of the State of California, who is representing Releasors in San Diego County Superior Court, North County Branch, Case No. N39533. 9. This Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not a mere recital. WITNESS my hand and signature on this ZZ/day of &, 1990. Have you read the foregoing Release and thereof and sign the same as your own free act? no. CAUTIONS READ BBIORZ SIGNING. Conditional upon receipt of funds. PBI JOHN ROSENBLA'J!" QL?dik&- BARBARA ROSENBLATT Witnesses: . . ...