HomeMy WebLinkAbout1991-10-15; City Council; 11388; SettlementClr"'DF CARLSBAD - AGEND,+BILL
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MTQ. 10/15/91
DEPT. CA
DEPT. HD.-
SETTLEMENT OF LAWSUIT ENTITLED
MCSPARRAN V. CITY OF CARLSBAD, ET AL.
TITLE:
RECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of this case by adopting Resolution N0.4/-.3~?7 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 February 13, 1990 on Palomar Airport Road near its intersection with El Camino Real. A Carlsbad police officer rear-ended plaintiff. Attached is the executed Agreement to Settle.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS
Resolution No. 9 -. !?<3 7 Agreement to Settle
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RESOLUTION NO. 91-337
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED MCSPARRAN V. CITY OF CARLSBAD, ET AL. CASE NO. N48514
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 McSDarran v. City of
Carlsbad. et al. 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 $23,985.60 from the liability self-
insurance reserve account for McSDarran v. City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 15th day
of October , 1991, by the following vote, to wit:
AYES: Council Members Lewis, Larson and Stanton
NOES: None
ABSENT: Council Mem
ATTEST:
.- ALETHA L. RAUTENKRANZ, City Clerk
t
AGREEMENT TO SETTLE
Re: Dianna McSparran v. City of Carlsbad, et al. Superior Court Case No. N 48514
For the sole consideration of Twenty-Three Thousand, Nine
Hundred and Eighty-Five Dollars and Sixty Cents ($23,985.60),
plaintiff D1A"A McSPARRAN agrees to release and further
discharge the CITY OF CARLSBAD, its employees, agents and
affiliates from all claims and demands, rights and causes of
have on account of or any way arising out of, the damages
resulting, or to result from, the incident occurring on or
about February 13, 1990, which was the subject of San Diego
Superior Court Case Number N 48514. This settlement
expresses 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 as an admission to
liability on the part of the CITY OF CARLSBAD.
LAW OFFICES OF C. BRADLEY HALLEN
DATED: 5J 2 7/51
- -_ - -%.
BY:
C. BRADLEY HALLEf4 ,d Attorn-eys . for Plaintiff, -.DIA"A- MCSP~
DATED :
MI CHELL D. DEAN, Attorneys for Defendant, CITY OF CARLSBiD