HomeMy WebLinkAbout1990-08-14; City Council; 10766; SettlementCII- OF CARLSBAD - AGENE- BILL
MTG. 8/14/90
RB#/0.3(a
DEPT. CA
CARLSBAD - N42529 SETTLEMENT OF METZGER V. CITY OF CITY DEPTm ATT "Dz TITLE:
CITY MGR>&'
RECOMMENDED ACTION:
If Council concurs, your action is to adopt Resolution No.q0*Z?C
ITEM EXPLANATION
Mrs. Metzger was killed in an automobile accident on Rancho Santa Fe Road near Cadencia when a car driven by Barbara Woodrich crossed over the center line causing a head on collision. Ms. Woodrich was primarily responsible for this tragedy and her insurance company
has paid its policy limits. Mrs. Metzger was a part time piano
teacher and leaves a husband and 11 year old daughter and her
family has suffered a substantial loss. Although the City's
possible level of responsibility is small, the potential damages if
the case were litigated are large.
This agenda bill results from a special settlement conference that
was held before retired superior court judge Lopardo. As a result of his efforts and based on his advi e I am recommending that the Council adopt Resolution No. %g & approving the attached settlement agreement.
Althoughthe City does not accept responsibility forthis accident, the settlement nevertheless reflects the reality that the possibility exists that if the case were litigated, an award substantially in excess of that amount would be granted against the City of Carlsbad. I am satisfied that the settlement is in the City's best interests. The necessary funds have been previously reserved as a part of the City's liability self-insurance fund.
EXHIBIT
Resolution No. 70-242
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RESOLUTION NO. 90-292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE
LAWSUIT ENTITLED METZGER V. CITY OF CARLSBAD CASE NO. N42529
WHEREAS, on recommendation of the City Attorney the
City Council of the City of Carlsbad, California has determined
that a settlement in the case entitled Metzser v. City of
Carlsbad is in the public 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.
3. That the City Council approves the settlement and
authorizes disbursement of $250,000 from the liability self-
insurance reserve account for Metzser v. Citv of Carlsbad.
3. That the Mayor is authorized to sign the Release
Agreement which is hereby approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 14th day
of August , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettii
NOES : None /7
ABSENT: None
ATTEST:
LL&x&b RR- ALETHA L. RAUTENKRANZ, City/ Clerk
e
MZLLZGAN AND BESWZCK (714) 888-5741
323 West Court Streetl Butte 402 San Bernardino, Celifurnia 924Ql-lbPf
AlToRNEV POlr Plaintif
-Plrm.-&ca;rt.ch: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN ora46 NORTH DISTRICT 325 South Melrosc
Vista, Californtr 920834627
MARXAH METZCER Minordl ( I jsoo PIG IN THE MATER OF THC DISPUTE0 CLAIM OF: ( x 372 C.C.P,
-, I ORDER APPROVING COMPROMISE - AND - ORDER TO DEPOSIT MONEY
P. 84 P.02
COR COURT US€ ONLY
The Court haag read Md conaidered the petition herein for <hQd~ to compromb the chh Of
648 minor, end the matter hwht been heard thh date, the Cow &ds that thu best intrmt of the m!nbh would be senred by ccrrngromhe af the claim against the pw BO named In the petition,
IT' IS OR?€&& t&t petitioner 18 hereby authorized to cmpramise tbe clpim of the rphM in the amaunt of $.........--.I ..... ..:.....U..I ............... pnd IT IS FURTHER ORDERED that the settIemcnt finds be pdd to the Clerk of W Court to be dbburrsd kr aceatdance with the f0110wing
18 750 a 00 1. Tha illlp of $ ...................................................................... ..... k br uith4rrwn urd madr payable ts
Attorney: ............................................................................... w prymmt for attomeyr fbH and
" .. Milligan and Besvfck
2, That the IoJhwfng ~umr other than atbrney fees and CW bc withhwn, payable b; I I
NAHI AOORUI AMOUNT
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485 Santa Pe Drive, IEncinitrs, CA 92024 .................................................................................. .,...-.,.C..........I'...--- . ...........r.,............U.r.... .... in the rime of Wt A-
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KEVN MIM
ACCY. NO .....-----,,...........TN THE .m. OF ESTABLISHED PER ORDER.
DATE ................................ BY: -..r..+------n-......------A ..................................................... ..., ................... ......-...
C.
KEVIN MULAM
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I
ORIGINAL
That the UnU&x#lgnf?d, W~AH METZGER, a minor, by and
thtou h her Guardian ad Litem, SAMES GARY METZGER, ana JAMf& GARY
cmsiQa-atien ef the rum of TWO HUNDRED FIFTY THOUSAND
($25O,OdO. 00) DOLLAR3 far and on behalf taf themtelves, th4ie hair@, executorsI abminiatratoril, succes$~rs and assign$, h4vo released, CCquikted and for&vit discharged and by these pteSenta relearn, aoquit; and forwar discharge the CI~Y OF CARY,$~A~, thi agents, servants, ernplayees, succ~ssoro, asglgna, heirs, weuutorQ, adainistratorr, Indemnitors, and insurers of each of them, (hereinafter referred to as *RELEASEES#), gnd a11 other
Pnoludinq their attornoys Neil, Dymatt, Perkins, Brown & prank, of and fpnt any, all and every claim, action, cause Qf rcth, demand, right, damages, lien, costs, loss of mervice, expmqw, amgeosaCi6n and liability oZ whatever kind und nature, which the mdqsigned, thrrrir hairsI wmcukorn, administrators, OUOC~ $arm or aqsignr wer had, now haw, or may hereaftw hav0, aris f frq frm bt in any way growing aut at any gnd all known and unknown, for8$Ban and unforeseen bodily and personal injuries, pro $#tY damage @nd othef lasses an4 the cansequences thereof resu E ting or to r48uIt franr the accident, casualty or event(s), which ~+cur~:a;b on or abaut February 2, 1988, at Rancho Santa Fe Road st ot ~841:
it# intuxsection with Cadencia in the city oe Carisbad, Ca nty e€ San Diego, Stat4 of California, and mads the subject of a Y ,ansuit numbered N42519 in the County of San Diego, wh8rein it WII alleged that RELEASbRS suffered aortain pW$un8l hjUtieS &nd property damage aa a rasult af? the allrged nc!qligence or other wrongdoing ef RELEASEES.
If 13 Undexartaad and agreed that this is a full and final rmlrarr of any and all claime arising out of said accident at wmnr6n48, including the rjghts and intarrsto of the Sgoup of
thr undrrmigned, if any, and it ir agreed as a further cansidet- #tion cnd inducement: for thfo compromise settlement, that it ohall apply to all unknown rnb unanticipated in urbs, deatht
MET20 i Et, (hareinafter referrcad to as MRELEASORS“) fQr and fn
8tfObn8l, fimr, C4rporakSans, Bssaciatfons or partnerships
property damage, or any other damage, lass of 1 3. ability resulting
AUG- 7-98 TUE 15Al7 HOLLYWOOD NUL P. 89
AUQ 82 'OB 14189 LF' FFJCES tlfL#BESW - I WJ) P, e$,, , I,
Y 0 R 1 G 1 N A 1.
from wid accident, casualty or wantf 4.9 well as to tfraee ww discl8aed. ment bar been made to resolve a tlirputed aattcr without any' admissian ef liability or wrongdoing by any party hereto.
Xt is further unfferrtood and agreod that this agree-
A enrral reiea64 dear not axtend t~ claim0
to exirt in his favar ut tha tima ef execu- fing the relaase, whioh if known by him nust haw materially afftadted hie sattls~r\snt w%th th4 debtor,
Wh f ch thb Oreditor dO8a not know OF suSpOCt
RELEASOR$ further underlst6nd and agree that is oonsfder&on of 6aid payment, the undersigned will inUetnniPy and cave harlless the SkTO RELEASEES, snd all other persona, firms Or cooporrt+ons
Of and from, any and every claim, lien or demand 00 every Rind or oharacter whiah has been or nay ever be asserted by way et rbbro- Qation oz any bther proceeding by re836n of asid injuries, )$op crkty 'darnqga, at ether losr or damage, or the ettects or cbn,sg- quanoes khcreat by the underaigned, OY their heirr OX as$ipp or any other paraon, natural or artificial, claiming t6 be damalfsd thereby, This applies anly to Uarna es which are incurred asla
o$ thio incident.
The undersigned hereby dcso2at.e and rcprwent that the injurlrca sustained are, or may be, permanent rnb progressive' rnd thai: xccovery therefrawa is uncertain and indcf$nite and in making thir rrlra58 it ir understood and agreed that the UnderriWpd rb'ty wholly upon khrir own judgment, belief and kn9wledge af tho nature, extent, affect, and duration of raid injuries and
liabilities themfor and is made without rrtlrnce u on any ctatr-
behalt af said IRELEASEES,
result of payments or benefits prav P ded t4 RELEA#OP$ a8 a result
mmt or rsprrrrqtrtion of the party or partier here 1 Y tsr
It further understood and agreed that a true, accuyate and qom 18t1 hoteoopy eP thir document is deemed a du licate
ruch and nay be trigned, if necessary in counterpart.
rettlrrnent agreement above-described, the UndmBign8d sutbbrige their attwney, C. Patrick Hilligan, located 4% NXLLXGAN &
origd, .~cf: ef thum to have th# full force and laga P eftrck 83
rn further omsideration of the aforesaid pkymrnt and tbr
RLSW?CK, 333 W, Court street, Gut& 402, San
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