HomeMy WebLinkAbout1991-01-08; City Council; 10974; Settlementh~# /o! csi 7 &i
IITG. 1/8/91
1EPT.A
RECOMMENDED ACTION:
L DEPT. HD.
CITY MGR.
TITLE: SETTLEMENT OF LAWSUIT ENTITLED
BEVILACQUA V. CITY OF CARLSBAD
N45288
It is recommended that the City Council authorize settlement of
this case by adopting Resolution No. *9/-& and authorize the Risk Manager to make payment of the settlement amount from the liability fund.
ITEM EXPLANATION
This case arises from an incident at Chase Field on March 14, 1989 when plaintiff was injured when a fence fell on top of her.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS
Resolution No. 9/43 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
h
RESOLUTION NO.
A RESOLUTION OF THE CITY
OF CARLSBAD, CALIFORNIA
91-8 __ -
COUNCIL OF THE CITY JJTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED BEVILACQUA V. CITY OF CARLSBAD CASE NO. N45288
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 Bevilacaua 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 $27,000 from the liability self-
insurance reserve account for Bevilacaua v. City of Carlsbad.
3. That the Mayor is authorized to sign the Settlement
Agreement and Release which is hereby approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
8th day the City Council of the City of Carlsbad on the
of January , 1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Stanton and Nygaard
NOES: None
ABSENT: None
ABSTAIN: Council Me
ATTEST:
Q&& 1. eALL ALETHA L. RAUTENKRANZ, City CleTk
GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of THIRTY THOUSAND DOLLARS
($30.000.00), TWENTY SEVEN THOUSAND ($27,000.00) from the CITY
OF CARLSBAD; FIFTEEN HUNDRED DOLLARS ($1,500.00) from JAMES
CHASE SI ASSOCIATES; FIFTEEN HUNDRED DOLLARS ($1, 500.00) from
SANTA FE LANDSCAPE, the undersigned hereby releases and further
discharges CITY OF CARLSBAD, JAMES CHASE & ASSOCIATES and SANTA
FE LANDSCAPE and all related other persons, firms, corporations
and business entities from any and all claims and demands,
rights and causes of action of any kind the undersigned now has
or hereafter may have on account of or in any way growing out
of the subject incident which occurred on March 14, 1989, under
San Diego Superior Court Case No. N 45288.
Further, the undersigned does hereby agree to release any
and all claims and demands, rights and causes of action of any
kind that may now have arisen or hereafter may arise as a
result of the above incident, and further agrees to hold
CITY OF CARLSBAD, JAMES CHASE SI ASSOCIATES and SANTA FE
LANDSCAPE and all other related persons, firms, corporations
and business entities harmless and to indemnify them for and
against any claim, Worker's Compensation lien, other lien or
debt which has arisen or may arise from the incident described
herein, including, but not limited to all Worker's Compensation
liens, medical liens and attorney liens of any type whatsoever.
1
This Release expresses a full and complete settlement of a
liability claimed and denied on the part of all parties,
regardless of the adequacy of the above consideration, and the
acceptance of this Release shall not operate as an admission
of liability on the part of any party hereto.
All rights given by Section 1542 of the Civil Code of
California, which is quoted below, are waived by the
undersigned.
CIVIL CODE SECTION 1542: "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. 'I
By signing this General Release, I intend to give up and
discharge all rights and claims to damages to person and/or
property even through some of such damages may not have shown
themselves at the time of acceptance of this settlement.
DATED: 1.- 7 - q/ BY:
Litem to plaintiff BRANDYLIN HAYES BEVILACQUA
APPROVED AS TO FORM:
VINCENT F. BIONDO , JR.
City Attorney
THE CITY OF CARLSBAD, A Municipal Corporation
BY:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
2