Loading...
HomeMy WebLinkAbout1994-04-05; City Council; 12643; SettlementbmTY OF CARLSBAD - AGr4DA BILL 4 8 r I 2B # j%(oU? IEPT. rllTG. 4/5/94 CA DEPT. HD. CITY MGR. SETTLEMENT OF LAWSUIT ENTITLED DESANTIS-NIELD V. CITY CASE NO. CITY AT N59497 TITLE: 3ECOMMENDED ACTION: It is recommended that the City Council authorize settlement of this case by adopting Resolution No. Ciq-92 and authorize the Risk Manager to make payment of the settlement amount from the liability fund . ITEM EXPLANATION This case arises from a trip and fall in the La Costa area on September 27, 1992. 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 9 Y- 'i 2 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED DESANTIS-NIELD V. CITY OF CARLSBAD, CASE NO. N59497 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 DeSantis-Nield 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 $15,000 from the liability self- insurance reserve account for DeSantis-Nield 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 5th day of APRIL , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: h &&R h2LxJA- ALETHA L. RAUTENKRANZ, City Clark ,- GENERAL RELEASE AND SETTLEMENT OF CLAIM For the sole consideration of Fifteen Thousand Dollars ($15,000) , the undersigned hereby release and further discharge the CITY OF CARLSBAD, its 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 the damages resulting or to result from the incident occurring on or about September 27, 1992, which is the subject of San Diego Superior Court Case N59497. 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 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." 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 DATED: Plaintiff 3 APPROVED AS TO FORM AND CONTENT: - DICARO, HIGHMAN, D'ANTONY - L -7 (+?/f DATED: Attorney for Plaintiffs EDGAR R. NIELD and GABRIELLE DE SANTIS-NIELD 2 # Name. Address and Teleohorb ). of Attorneykl I 'eleohor, ,. of AttorneyW - I Spa !low for Use Of Coun Clerk Only . - .. DENNIS W. DALEY, ES MITCHELL D. DM, E JAMES D. MATHISON, DALEY & HEFT 462 Stevens Avenue, Suite Solana Beach, CA 92075 .r No 20 1 (619) 755-5666 Attorney($) for . .CAE. OF. .c&&sB.@. .. . 070569) .................. - - spa !low for Use of Coun Clerk Only DENNIS W. DALEY, ES (Bar No. 070569) MITCHELL D. DM, E DALEY & HEFT 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 (619) 755-5666 - JAMES D. MATHISON, *--. nn .C&&SB.@. .................... SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO NORTH COUNTY.BR4NCH (Name of branch court, if any) SANTIS-NIELD Defendant(s): CITY OF CARLSBAD, et al. REQUEST FOR DISMISSAL Personal Injury. l[Bp#: NPE OF ACTION 0 Motor Vehicle 0 Other 0 Domestic Relations 0 Other: (Specify) .................................... 0 Eminent Domain --TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.) 1. [19 With prejudice 2. Entire action 17 Complain! only 0 Petition only 0 Without prejudice 0 Cross-complaint only 3 Other: (Specify)' This disposes of all parties and causes of action. c .w Dated: .. .-?..:.w.'r.yLP.. ......................... .If dismissal requested is of-specifjed parlies only. of specified Atto:ney(s) for .P1-?i?!t iffs: .NIELD. ................ :. .... causes of action only or of-specilied cross-complaints only. SO DICARO, HIGHMAN, D'ANTONY, DILLLARD, et' al. stale and identify Ihe parties. causes of action or cross-complaints Io be dismissed. - By: - Brian H. Erickson, Esq. - (Type or print attorney(s) name(s)) -. TO THE CLERK: Consent to the above dismissal is hereby given." - Dated: ............. .................................. "When a cross-complaint [or Response (Marriage) seeking affirmr- Attorney(s) for.. .~. : ............. .. .......................... live relief) is on file. the aItorn8y(r) for Ihe cross-compfainanl (respondent) must sign this cbnsenl -when required by CCP . - - - .(Type or print attorney(s) name(s)) L Sel(1). (2) or (5). - . (To be completed by clerk) 0 Dismissal entered as requested on ................................................................................... 0 Dismissal entered on ..................................... as to only ................................................. 0 Dismissal not entered as requested for the following reason(s), and a+torney(s) notified on ................................... KENNETH E.MARTONE CLERK OF THE SUPERIOR COURT Dared ............................................... BY . Deputy Form Adopled by Rule 982 01 The Judicial Council of California Revised Effective July 1. 1972 REQUEST FOR DISMISSAL CCP 581. etc.: Cal. Rules 01 Court. Rule 1233