HomeMy WebLinkAbout1993-01-19; City Council; 12036; SettlementClTv OF CARLSBAD - AGEND:BILL
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DEW. CA
SETTLEMENT OF LAWSUIT ENTITLED
LEONCAVALLO V. CITY CASE NO. N52908 ClmA
TITLE:
RECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of this case by adopting Resolution No. 93-lzand authorize the Risk Manager to make payment of the settlement amount from the liability fund.
ITEM EXPLANATION
This case arises from a traffic accident involving a City employee on State Street occurring on September 14, 1990. Attached is the executed release and satisfaction.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the Settlement.
EXHIBITS
Resolution No. Release and Satisfaction Agreement
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RESOLUTION NO. 93-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED LEONCAVALLO V. CITY OF
CARLSBAD, CASE NO. N59208
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 Leoncavallo 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 $8,000 from the liability self-
insurance reserve account for Leoncavallo v. City of Carlsbad.
3. That the Settlement Agreement and Release 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 JANUARY , 1993, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: Council Member Stanton
ATTEST:
ALETHA L.
GENERAL RELEASE AND SETTLEMENT OF CLAIM
Re: Marylynne Leoncavallo v. City of Carlsbad, et al.
Superior Court Case No. N 52908
For the sole consideration of Eight Thousand Dollars
($8,000.00) the undersigned hereby releases and further discharges
the CITY OF CARLSBAD, its agents and employees, and all other
persons, firms arid corporations from all claims and demands, rights
and causes of action of any kj.nd the undersigned now have or
hereafter may have on account of or in any way growing out of the
damages resulting or to result from the incident occurring on or
about September 14, 1990, which is the subject of Superior Court
Case No. N 52908.
Further, the undersigned hereby agrees 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 the CITY OF CARLSBAD harmless,
and to indemnify it for and against any claim, lien or debt which
has arisen or may arise from the incident described herein,
including but not limited to Worker's Compensation liens and
medical liens of any type whatsoever.
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.
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CIVIL CODE SECTION 1542: 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."
By signing this General Release, I intend to give up and
discharge all rights and claims to damages to person and/or
property, even though some of such damages may not have shown
/' themselves at the time of acceptance of this settlement;
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