HomeMy WebLinkAbout1997-11-18; City Council; 14434; Settlement of lawsuit entitled Blyth v. City of Carlsbad, Case No. N727828, 0 CITY OF CARLSBAD - AG 8 DA BILL 4 \
Cd
AB# 14; Ld3 IsF TITLE:
CITY ATT' CITY OF CARLSBAD, CASE NO.N72782 MTG. 1 1 /I 8/97
DEPT. Hb \
SETTLEMENT OF LAWSUIT ENTITLED BLYTH V.
1 DEPT. CA
/CITY MGF
P
8 PE Q
9
2
c 0 .- w 2
0"
- .- 0 c 3
~ ~ ~~ ~ ~~~~
RECOMMENDED ACTION:
Adopt Resolution No. 93- 68 5 authorizing the City settlement of the lawsuit c
v. Citv of Carlsbad.
ITEM EXPLANATION:
A settlement has been reached in a lawsuit brought by Mr. Blyth against the City
and one of its police officers.
The lawsuit arose from an automobile accident occurring on April 27, 1996 at the in.
Arena1 and El Camino Real. A vehicle driven by Mr. Peter Blyth collided with a Car
vehicle driven by Officer Jeromy Birket. The City acknowledged liability in this acl
discovery and negotiations ensued to reach a settlement amount acceptable to all pi
FISCAL IMPACT:
Settlement was reached in the amount of $16,000, which funds will come from the
insurance reserve account.
EXHIBIT:
1. Resolution No. 97- 6 8 5
~ 2. Notice of Acceptance of Offer to Compromise Pursuant to Code of Civil Procedi
998
p, I1 e e
II RESOLUTION NO. 97-685
1
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE
OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED
BLYTH V. CITY OF CARLSBAD, CASE NO. N72782
4 WHEREAS, on recommendation of the City Attorney, the City Counci
5
6
City of Carlsbad, California has determined that a settlement in the case entitled El.
v. City of Carlsbad, is in the public interest; and
7
8
9
10
11 Carlsbad, California, as follows:
12 1. That the above recitations are true and correct.
WHEREAS, there are sufficient funds available in the liability self-insl
reserve account to pay the settlement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
SW?
!%E$ 2. That the City Council approves the settlement and authorizes disl
om
Y1 13
LVW% LUf.5 14 4,035
pou 15 aksz zwm 3. That the Notice of Acceptance of Offer to Compromise Pursuant i g,$zz 16
17
18 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
19 Council of the City of Carisbad on the 18th day of November , 1997, by '* foilowing vote, to wit:
a->E cd= of $1 6,000 from the liability self-insurance reserve account for Blyth v Citv of Carl
r:;
cy3
40L Civil Procedure Section 998 is hereby approved.
0
21
22
23
24
25
26
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, a]
NOES: None
ABSENT: None
27
28
ATTEST:
L2fm&L B [AL" ALETHA L. RAUTENKRANZ, City Clerq
' ia 'i 7=IICl 0 0
94
I'
2'
3
4
INITCHELL D- Dm, ESQ. (BAR NO. 128926 'rJrlC€iABL A. CXURCHILL, SSQ.
~ DALEY 6 HEFT ATTORNEYS AT LAW
462 STEvgNS AVENUE, SUITE 201 $0- BSACH, CA 92075 moh'E: (6191 755-5666
5 Attorneys far Defendants,
6 I CITY OF CARLSBAD and OFFICER sERi)MY AARON BIRKET
7
8 SUPERIOR COVRT OF = GTATIP OF C!ALIBoE!2TIA
IN AND mR m COUNTY 08 SAH OX=
#OBTLT COm BluwcB
PETER BLYTH, ) Cams No. : NO72782
d r m
ow mq
-VI- &-l" .- d n $2
3 gs;
8.2 i Y rdZLi.
ql: a 04
Z*F += s d
12
13
14
1s
16
17
18
19
j Plaintiff, 1 HOTICEC OX A"CE 0, 1 TO c6Mpmmrsr PVR-
V. 1 OF CIVIL PROCEDURE SECT
1 CITY OF CARLSBAD, JEROMY AAF!,ON)
BXR,IZT and DOES 1 to 10,) inclusive, )
}
) 1
Defendants -
NO%Xa IS HBREBY Gnmr that plaintiff, PETEX BL;YTEI ar:
the offar made by defendants, c~m OF Wsw ad OFFIC~ ;
20
23
Thousand Dallars :$16,OOCi,OD:, with each party to bear the5 22
cARLSBAI3 ar.d OFFICER nRO).rY AARON BIRmT for the sum of Si 21
MRON BTKKET and will dismiss and settle with defenr3ant6, C1
25
24
costs and attorneys' fees. 1 lo& 64 ATTU EY A W
26 DATED : BY " - Bradley Hallen, Atto= Plaintiff, PmR BLYTH 27
28
3
-,7. 1
" .- ~~ .- . , - - .. .-