HomeMy WebLinkAbout1991-04-02; City Council; 11091; SettlementCl-' OF CARLSBAD - AGENr-. BILL 4.i
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DEPT. CA
DEPT. HD-
LANGOWSKI V. CITY OF CARLSBAD, ET AL CITY
SETTLEMENT OF LAWSUIT ENTITLED
CASE NO. 86880
TITLE:
RECOMMENDED ACTION:
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
The case arises from an automobile accident which occurred on July
8, 1988 on Palomar Airpor Road near its intersection with El
Fuerte. A Carlsbad police officer rear-ended plaintiff while she
was stopped at a traffic light. We are recommending that we accept
the arbitrator's award of $11,390 to settle this case. Attached is the executed release and satisfaction.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the
settlement.
EXHIBITS
Resolution No. 1 /@-f?
Release and Satisfaction Agreement
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RESOLUTION NO. 91-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED LANGOWSKI V. CITY OF
CARLSBAD CASE NO. 86880
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 Lansowski 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.
2. That the Release and Satisfaction is hereby
approved.
3. That the City Council approves the settlement and
authorizes disbursement of $11,390 from the liability self-
insurance reserve account for Lanaowski v. City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 2nd day
of April , 1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and
NOES: None
Stanton
ABSENT: None
ATTEST:
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RELEASE AND SATISFACTION
KNOW ALL MEN BY THESE PRESENTS:
That for an in consideration of the sum of eleven thousand
three hundred ninety dollars ($11,390), receipt of which is hereby
acknowledge, the undersigned, PATRICIA LANGOWSKI, does hereby
acknowledge full satisfaction and payment of each and every claim
and/or demand of whatever kind or nature that now exists or may
hereafter accrue on behalf of the undersigned against the CITY OF
CARLSBAD AND OFFICER JIMMY BYLER, their agents and servants, or any
other person or persons, firm, corporation, association,
partnership or entity acting on their behalf, charged with
responsibility for or liable directly, indirectly or vicariously
for damages and injuries to the undersigned, alleged to have arisen
or resulted from an incident, casualty or event which occurred July
8, 1988, in the City of Carlsbad, County of San Diego, State of
California, and for which said damages the undersigned claims that
said CITY OF CARLSBAD AND OFFICER JIMMY BYLER, their agents and
servants, at said time and place, are legally liable in damages,
which said legal liability and damages are disputed and denied.
The undersigned do hereby release &nd discharge said
CITY OF CARLSBAD AND OFFICER JIMMY BYLER, their agents and
servants, and any other person or person, firm, corporation,
association, partnership or entity acting on their behalf, of and
from each and every claim and/or demand of whatsoever kind or
nature, arising or to arise in favor of the undersigned, including
all claims for damage to property, attorney's fee, loss of
earnings, loss of services, or special damage of any character, by
rc' t *, .
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reason of or growing out of the aforesaid incident, casualty or
event.
The undersigned will dismiss with prejudice that certain
action now pending in the Municipal Court, North County Judicial
District, for the County of San Diego, entitled Lansowski v. City
of Carlsbad, et a1 and numbered 86880 on the files therein.
AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT
AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disputed and this
full and final settlement shall never be treated as an admission of
liability or responsibility at any time or in any manner whatsoever
on the part of the parties herein released.
2. This release is expressly intended to cover and include
all claims and attorney's fees, several or otherwise, past, present
or future, which can or may ever be asserted by heirs, or
otherwise, including all causes of action therefor, as the result
of the aforesaid accident, casualty or event, or the effects or
consequences thereof.
3. The undersigned understands and agrees that this is a full
and final release ar.? that this release covers and includes all
claims and attorney's fees of every kind or nature, past, present
or future, known or unknown, suspected or unsuspected, and all
claims under Section 1542, Civil Code of California, are hereby
expressly waived. The undersigned understands said Section 1542
provides :
"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. It
4. The undersigned will indemnify and save harmless said CITY
OF CARLSBAD and OFFICER JIMMY BYLER and persons above named, its
agents, and servants, and any other person or persons, firm,
corporation, association, partnership or entity acting on their
behalf, of and from any and every claim and/or demand of every kind
or character, including all causes of action therefor, which can or
may ever be asserted by reason of injury to the undersigned as the
result of the aforesaid accident, casualty or event or as a result
of this settlement.
5. The undersigned shall be considered to have agreed to all
the terms of this release and that the above-mentioned sum is the
entire and only consideration for this release.
6. This release shall bind and be binding upon the heirs,
executors, administrators and assigns of the undersigned.
FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWING TO
APPEAR ON THIS FORM:
It is unlawful to:
a. Present or cause to be presented, false or fraudulent
claim for the payment of a loss under a contract of insurance.
b. Prepare, make or subscribe any writing, with intent to
present or use the same or to allow it to be presented or used in
support of any such claim.
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Every person who violates any provision of this section is
punishable by imprisonment in state prison or by fine not exceeding
one thousand dollars ($1,000) or both.
The undersigned does hereby authorize and direct that payment
of said sum be made by check or draft payable to the undersigned.
IN WITNESS WHEREOF, the undersigned does hereunto set his hand
and seal this ,- 7 day of L[,-)%l CT' I/.\ , 1991.
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STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ) :ss
On this g' day of hd , 19 91 before me, the
undersigned notary public in and for the above county and state,
residing therein sworn, personally appeared
personally known to me,* or (/provided to me on the basis of
satisfactory evidence, to be the same person(s) described in and whose name is subscribed to this instrument, and acknowledged to me that he/she/they executed the same.
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- CALIFORNIA
SAN DIEGO COUNTY
)LLxALufe
NOTARY PUBLIC IN AND FOR THE
STATE OF CALIFORNIA
I represent plaintiffs in this litigation and I have read the
foregoing IIRelease and Satisfactiont1 and have recommended that my client execute the same.
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