HomeMy WebLinkAbout1993-09-21; City Council; 12400; Settlementci-t OF CARLSBAD - AGE~A BILL +/ @
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rllTG. 9/21/93
)EPT. CA .
DEPT. HD. SETTLEMENT OF LAWSUIT ENTITLED
ZACHARY V. TREJO CASE NO. N55508 CITY ATT
CITY MGR.
TITLE:
3ECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of this case by adopting Resolution No,43-&& 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 when a City employee and
plaintiff were involved in a motor vehicle accident at the
intersection of Hosp Way and Monroe Street. This case was tried to
a jury and a verdict was returned in the amount of $70,000 less 2% comparative negligence ($68,600), plus statutory costs in the
amount of $3,848.23 for a total settlement amount of $72,448.23.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS
Resolution No. 93 &I6
Settlement and Release Agreement
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RESOLUTION NO. 93-266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED ZACHARY V. TREJO. CITY OF CARLSBAD CASE NO. N55508
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 Zachary v. Treio, Citv 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.
2.
That the above recitations are true and correct.
That the City Council approves the settlement and
authorizes disbursement of $72,448.23 from the liability self-
arlsbad. insurance reserve account for gacharv v. Tre io, Citv of C
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 21st day
of SEPTEMBER , 1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
A
NOES: None
ABSENT: None
ATTEST:
_pP;tA,.I;p Q2A-L- ALETHA L. RAUTENKRANZ, City Clkrk
Re: RoberLZachary v. City of Carlsbad, Pei;ar Trejo, et al.
GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of Seventy-Two Thousand Four
Hundred and Forty-Eight Dollars and 23/100 ($72,448.23), the
undersigned hereby releases and further discharges PETER TREJO and
the CITY OF CARLSBAD, their agents and employees, and all other
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 tile
damages resulting or to result from the incident occurring on or
about April 30, 1991 which is the subject of San Diego Superior
Court Case No. N 55508.
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 PETER TREJO and the CITY OF
CARLSBAD, harmless, and to indemnify them 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.
CIVIL CODE SECTION 1542: “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.Il
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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A /*/ DATED : n&i”-f-’ ;’ .&-<,&&l
ROBERT ZACH Y) PlaiKjff L e
themselves at the time of acceptance of .-- this settlement.
APPROVED AS TO FORM AND CONTENT:
STEVEN R. . DENTON, Attorney
DATED : h3
for Plaintiff, ROBERT ZACHARY
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