HomeMy WebLinkAbout1996-12-10; City Council; 13949; SETTLEMENT OF LAWSUIT ENTITLED KEATING V. CITY, RAMOS - CASE NO. N70110I P
CITY OF CAR F aBAD -AGENDA BILL 0
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DEPT. HD. TITLE: SETTLEMENT OF LAWSUIT ENTITLED KEATING
CITY MGR, DEPT. CA
CITY ATTY
V. CITY, RAMOS - CASE NO.N701 IO
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RECOMMENDED ACTION:
That Council authorize settlement of this case by adopting Resolution No. 46 -
and authorize the Risk Manager to make payment of the settlement amount.
ITEM EXPLANATION:
This case arises from an accident on July 21, 1995, when a City employee and p
involved in a motor vehicle-pedestrian accident on Washington Street at or ne:
Village Drive. During arbitration, the case was settled in the amount of $84,535.18.
FISCAL IMPACT:
There are sufficient funds in the liability account to cover the settlement.
EXHIBITS:
1. Resolution No. 9 lo- Yg2"
2. Settlement and Release Agreement
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RESOLUTION NO. 96-422
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SElTLEMENT OF THE
LAWSUIT ENTITLED KEATING V. CITY OF CARLSBAD,
RAMOS. CASE NO. N70110
WHEREAS, on recommendation of the City Attorney, the City Co
the City of Carlsbad, California has determined that a settlement in the case er
Keatina v. Citv of Carlsbad, Ramos 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 tt-
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the settlement and authorizes
disbursement of $84,535.18 from the liability self-insurance reserve account fc
v. Citv of Carlsbad, Ramos.
3. That the General Release and Settlement of Claim is hereby
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PASSED, APPROVED AND ADOPTED at a Regular Meeting oft
Council of the City of Carlsbad on the loth day of December J 1996, \
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall and
NOES: None
ABSENT: None
ATTEST:
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QENERj4L RELEASE AWE) SETTLEMENT OF CEAIB&
or the sale consideration of EPGRTY-POUR THOUSAND FIV
HUNDRED THIRTY-FIVE AND 18/100 DOLLARS ($84,535.1&) E the under
signed hereby releases and further discharges ANTHONY A. UOS'ar
the CITY OF CARLSBAD, their agents and employees, and all 0th~
related persons, firms and corporations from aX1 claims i an
--r.".-y:r "T ."-r a - .,.. ' *rrr. , . ~ -. ' -~~gqf~S--&~&' cd&"&s. "f act+.csn , of ..._. ~ .-kind ths u.ndGl-sibne eman3s~
now has, or hereafter may have, an account of, or in any :wa
growing out of, the damages resulting, or to result, from th
incident accursring an or about July 21, 1995 I which is the subjec
of san ~iego superior court Case No. ~7~110
Further, the undersigned hereby agrees to release any and. a3.
claims and demands, rights and causes of action of any kind tha
may now have arisen, or hereafter may arise, as a result of th
above incident, and further agrees to hold ANTHONY A. RAMOS and th
CICTY OF CARLSBAD harmless and to indemnify them for and against an
clB.im, lien or debt which has arisen or may arise from the inciden.
described .. .herein, I including but not limited to Worker&!,' CompGsa-
+,ion liens and medical liens of any type whatsoever.
, : __,-. <,.". :>..*-.p.-'"" -
This Release expresses a full and coinplete settlement Of i
liability claimed and denied on the part of all parties, regardles:
of the adequacy of the above Consideration, and the acceptance o
this Release shall not operate as an admission of liability on thl
part of any party hereto. This release is cmtingent an thc
acceptance of the settlement terms contained herein by the CITY 01
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CARLSBAIP'S City Council and shall be void unless the City Counc!
formally accepts the settlement on or before December 13, 199-6.
~ll. rights given by Section 1542 of the civil Code c
California, which is quoted below, are waived by the undersigned,
CIVIL CODE BECTIOW 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." *
.. A ..,,, " I ,., .:;.+,: .. ... .. ..... ~~,~~ <;,., :,6:;;;,,.5'. _, . .,:,,, ..:'x.':. ~ ,:,. (., .-.*a ,: .... ~:~,~~~~~~~,~~~~~~~~~~~~~~~~.~~~~~~~~~~.:': -b;Z'e.asez:. ..>. .... .,: .' . end .l,t&.l. tg&ye ' .*.-:-- .: i : -;:;%:.;,<! ,w,.:.~:~;i:& ~~.~~,.:,~~'~~'..~,~~~.~~..,~.~ \. ,,..:! ;;::,?; .,.. ':,:yj; a: . .,.. .. - .*
discharge all rights and claims to damages to person andjc
property, even though some of such damages may not have shm
themselves at the time of acceptance of this settlement.
%Dated: 11 ,h+hh I %
APPROVED AS TO FOm AND CONTENT;
Dated: fz-2-76 LAW OFFICES OF MICNa A. PINES:
BY ]MICHAEL w4. A. PINES, b4 Asrrney
for Plaintiff NANCY A, KEATING
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