HomeMy WebLinkAbout1991-02-19; City Council; 11031; Settlementcif OF CARLSBAD - AGENU-BILL (FJ
AB# /d ~73/
MTG. 2/19/91
DEPT. CA
DEPT.HD. -
CITY ArrY SETTLEMENT OF LAWSUIT ENTITLED
POMERANCE V. CITY OF CARLSBAD
N33780
TITLE:
It is recommended that the City Council authorize settlement of this case by adopting Resolution No. y/-$c and authorize the Risk Manager to make payment of the settlement amount from the liability fund .
ITEM EXPLANATION
This case arises from an injury accident occurring on December 2,
1985 at Palomar Airport Road west of Camino Vida Roble. Attached
is the original executed Agreement to Settle.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS
Resolution No. 98- 55
Agreement to Settle
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91-55 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 POMERANCE V. CITY OF
CARLSBAD CASE NO. N33780
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 Pomerance 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 $13,500 from the liability self-
insurance reserve account for Pomerance v. City of Carlsbad.
3. That the Agreement to Settle is hereby approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 19th day
of February , 1991, by the following vote, to wit:
AYES: Counci Members Lewis, Kulchin, Larson, Nygaard and Stanton.
NOES: None.
/I ABSENT : None.
ATTEST:
UTHA Cwib TE!” 2, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
.Bcrbar_a 9 ..-Emeranee v Citv of-rl sbad, et al.
Far the sole consideration of thirteen thousand five hundred and
no/100 ($13,500,00), plaintiff BARBARA POMERANCE agrees to release and
further discharge the CITY OF CARISBAD, its employees, agents and
affiliates from all claims and demands, rights and causes of action of
'\ illb" any kind BARBARA POMERANm now has or hereafter rzay have on account of
or any way arising out of, the damages resulting, or to result from,
the Jncident occurring on or about December 2, 1985 which was the
subject of San Diego Superior Court case number N 33780.
settlement expresses a full and complete settlement of any and all
liability claimed and denied on the part of all parties, regardless of
the adequacy of the above consideration, and the agreement to settle
shall not operate ae an admission to liability on the part af the CITY
This
-
OF CARLSBAD.
LAW OFFICES OF JAMES W. PARZIALE
Uttorneys for PZ~S -+tj ff
BARBARA S, WMEY
DALEY 9 HEFT.
BY: MITCHELL Q. DEAN
Attorneys for Defendant CITY OF CARLSDAD