HomeMy WebLinkAbout1993-04-27; City Council; 12190; SettlementCI'"' OF CARLSBAD - AGE" BILL
DEW. HD.
BARRON V. CITY CASE NO. N53301 CITY AllY TITLE: SETTLEMENT OF LAWSUIT ENTITLED 1 -- 4/27/93 ATQ.
IEPT. I CA
RECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of
this case by adopting Resolution No. C13 - 6 and authorize the Risk Manager to make payment of the settlement amount from the liability fund .
ITEM E XPLANATION
This case arises from a bicycle accident on Highway 101 and Ponto
Drive on October 21, 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. (0
Release and Satisfaction Agreement
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RESOLUTION NO. 93-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED BARRON V. CITY OF CARLSBAD, CASE NO. N53301
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 Barron 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 $22,000 from the liability self-
insurance reserve account for Barron 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 27th day
of April , 1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard and Finnila
NOES: None
ATTEST:
&&d!L
ALETHA L. RAUTENKRANZ, Cit@Clerk
For the sole consideration of TWENTY-TWO THOUSAND and no/100
Dollars ($22,000.00), each party to bear their own costs, the
undersigned hereby release ant! further discharge the CITY OF
CARLSBAD, its agents and employees, and all other related persons,
firms and corporations from all claims and demands, rights and
causes of action of any kind 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
October 21, 1990, which is the subject of San Diego Superior Court
Case No. N53301.
Further, the undersigned 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 agree 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 Workers' 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, regard-
less of the adequacy of the above consideration, and the accep-
tance of this Release shall not operate as an admission of
liability on the part of any party hereto.
This settlement is confidential. The fact of settlement and
the terms thereof shall not be disclosed to anyone, any organiza-
tion or any media.
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 claj.ms 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, we 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 thejtime of acceptance of this settlement. T
Dated: 4- /3-a
REBECCA BARRON, Plaintiff
APPROVED AS TO FORM AND CONTENT:
Dated: 4hh RG, Attorney for Plaintiffs ROBERT BARRON and REBECCA BARRON
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