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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