HomeMy WebLinkAbout1996-06-25; City Council; 13708; SETTLEMENT OF LAWSUIT ENTITLED HENNESSY V. CITY, BALCH - CASE NO. N69207- CITY OF CA R LSBAD -AGENDA BILL 0 “7 .1
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CITY MGR. DEPT. CA
CITY ATTY. MTG. 6 -2s - ‘j4
DEPT. HD. TITLE: SElTLEMENT OF LAWSUIT ENTITLED
HENNESSY V. CITY. BALCH - CASE NO.N69207
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RECOMMENDED ACTION:
That Council authorize settlement of this case by adopting Resolution No. 5b -2
and authorize the Risk Manager to make payment of the settlement amount.
ITEM EXPLANATION:
This case arises from an accident on September 24, 1994 when a City employee i
were involved in a motor vehicle accident on Carlsbad Village Drive just west c
Boulevard. During arbitration, the case was settled in the amount of $17,500.
FISCAL IMPACT:
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS:
1. Resolution No. 9 6 -2Ac
2. Settlement and Release Agreement
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RESOLUTION NO. 96-220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED HENNESSY V. CITY OF CARLSBAD, BALCH CASE NO. N69207
WHEREAS, on recommendation of the City Attorney, the City COUI
the City of Carlsbad, California has determined that a settlement in the case enti
Hennessv v. Citv of Carlsbad, Balch 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
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 $17,500 from the liability self-insurance resewe account for j&
v. Citv of Carlsbad. Balch.
3. That the Settlement and Release Agreement is hereby approvc
PASSED, APPROVED AND ADOPTED at a Regular Meeting of tt
Council of the City of Carlsbad on the 25th day of
June , 1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila a
NOES: None /7
ABSENT: None
1 1 ATEST:
ah&RU ALETHA L. RAUTENKRANZ, City Qlerk
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RELEASE AND SATISFACTION
KNOW ALL MEN BY THESE PRESENTS:
That for an in consideration of the sum of seventeen thousand five hundrel
dollars ($17,500.00), receipt of which is hereby acknowledge, the undersigned, EVA1
HENNESSY does hereby acknowledge full satisfaction and payment of each and ever
claim and/or demand of whatever kind or nature that now exists or may hereafter accru
on behalf of the undersigned against the CITY OF CARLSBAD and COLLEEN BALCk
its agents and servants, or any other person or persons, firm, corporation, associatio
partnership or entity acting on their behalf, charged with responsibility for or liable direct1
indirectly or vicariously for damages and injuries to the undersigned, alleged to ha\
arisen or resulted from an incident, casualty or event which occurred September 2
1994, in the City of Carlsbad, County of San Diego, State.of California, and for which sa
damages the undersigned claims that said CITY OF CARLSBAD and COLLEE
BALCH, its agents and servants, at said time and place, are legally liable in damage
which said legal liability and damages are disputed and denied.
The undersigned does hereby release and discharge said CITY OF,CARLSBl
and COLLEEN BALCH, its agents and servants, and any other person or person, fir
corporation, association, partnership or entity acting on their behalf, of and from each a
every claim and/or demand of whatsoever kind or nature, arising or to arise in favor of 1
undersigned, including all claims for damage to property, attorney's fee, loss of earninl
loss of services, or special damage of any character, by reason of or growing out of 1
aforesaid incident, casualty or event.
The undersigned will dismiss with prejudice that certain action now pending in
San Diego Superior Court, North County Branch, for the County of San Diego, entitl
Hennessv v. Citv of Carlsbad, Colleen Balch et al. and numbered N69207 in the 1
therein.
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AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SElTLEMEh
AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disputed and this full and final settleme
shall never be treated as an admission of liability or responsibility at any time or in a1
manner whatsoever on the part of the parties herein released.
2. This release is expressly intended to cover and include all claims and attorne)
fees, several or otherwise, past, present or future, which can or may ever be asserted I
heirs, or otherwise, including all causes of action therefor, as the result'of the aforesz
accident, casualty or event, or the effects or consequences thereof.
3. The undersigned understands and agrees that this is a full and final relea:
and that this release covers and includes all claims and attorney's fees of every kind
nature, past, present or future, known or unknown, suspected or unsuspected, and i
claims under Section 1542, Civil Code of California, are hereby expressly waived. TI
undersigned understands said Section 1542 provides:
"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."
4. The undersigned will indemnify and save harmless said CITY OF CARLSBE
and persons above named, its agents, and servants, and any other person or persor
firm, ccrpporation, association, partnership or entiti acting on their behalf, of and from ai
and every claim and/or demand of every kind or character, including all causes of actic
therefor, which can or may ever be asserted by reason of injury to the undersigned as tl
result of the aforesaid accident, casualty or event or as a result of this settlement.
5. The undersigned shall be considered to have agreed to all the terms of tl
release and that the above-mentioned sum is the entire and only consideration for tt
release.
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J. 6. This release shall bind and be binding upon the heirs, executors, administrator:
and assigns of the undersigned.
FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWIN(
TO APPEAR ON THIS FORM:
Among Qther things, insurance Code Section 556 provides:
(a) It is unlawful to:
1. Knowingly present to or cause to be presented any false or frauduiel
claim for the payment of a loss under a contract of insurance.
2. Knowingly file multiple claims for the same loss or injury with more ths
one insurer with an intent to defraud the insurer.
3. Knowingly prepare, make or subscribe any writing, with intent to prese
or use the same or to allow it to be presented or used in support of any such claim.
(b) Every person who violates any provision of this section is punishable I
imprisonment in the state prison, for two, three, or four years, or by fine not exceeding tt
thousand dollars ($lO,OOO), or both.
The undersigned does hereby authorize and direct that payment of said sum I
made by check or draft payable to the undersigned.
IN WITNESS WHEREOF, the undersigned does hereunto set his hand and SE
this /o rHday of ;7L'/~'d , 1996
-"f /@B. L @%%%&/ I/ EVAN HENNESSYl'
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!- STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On np /Q iqqfgefore me, T>Y,H,-/ Y. W. /c/LcI~ bca, , nota public, peEeGpeared "9 v<-L+* LC; ,LAu- .el personally known to-me or proved to me on the basis of satisfactory evidence to be tl persdn(s)whose~name(s) islare subscribed to the within instrument and acknowledge to me that helshelthey executed the same in his/her/their authorized capacity(ies), ar that by hislherhheir signature(s) on the instrument the person(s), or the entity upc behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
):SS
,," &-e IO, V&&(& SIGNRTURE OF NOTARY
I represent plaintiff in this litigation and I have read the foregoing "Release a1 Satisfaction" and have recommended that my client execute the same.
$dt;.[i MI CH E. FREE AN, ESQ.
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