HomeMy WebLinkAbout1994-04-05; City Council; 12642; SettlementCYY OF CARLSBAD - AGTDA BILL I b-” 0
SETTLEMENT OF LAWSUIT ENTITLED O’BRIEN V. CITY CASE NO. N58341
RECOMMENDED ACTION:
It is recommended that the City Council authorize settlement of
this case by adopting Resolution No. CIY-91 and authorize the Risk Manager to make payment of the settlement amount from the liability fund .
ITEM EXPLANATION
This case arises from a bicycle accident on Highway 101 and Ponto
Drive on May 31, 1992. Attached is the executed General Release
and Settlement of Claim.
FISCAL IMPACT
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS
Resolution No. 9 q- 9 f General Release and Settlement of Claim
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- RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE
LAWSUIT ENTITLED O'BRIEN V. CITY OF CARLSBAD, CASE NO. N58341
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 OIBrien v. 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. That the above recitations are true and correct.
3. That the City Council approves the settlement and
authorizes disbursement of $20,000 from the liability self-
insurance reserve account for O'Brien v. City of Carlsbad.
3. That the General Release and Settlement of Claim is
hereby approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 5th day
of APRIL , 1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
n
ALETHA L. RAUTENKRANZ, city cle$
GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of Twenty Thousand and no/100
Dollars ($20,000.00), the undersigned hereby releases and further
discharges 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 has, 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 May 31, 1992, which is the subject
of San Diego Superior Court Case No. N58341.
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 workers‘ compensation liens
and meliLcal 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: "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."
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.
Dated: 3 ) 1 3 \411 8'6-
I David 5. O'Bden, Plaintiff
Dated: ROSENBERG,
BY '\ ///
Tomas Shpalv Attorneys for J. O'Brien
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