HomeMy WebLinkAbout1998-01-06; City Council; 14497; Settlement Case No N72782 Blyth v. City. . 41 CD +. CITY OF CARLSBAD - AGEMA BILL \
AB# /qjy ‘;fy TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD. jl’&&
THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN
MTG. d&96- -
DEPT. CA
BLYTH V. CITY N72782 (PERSONAL INJURY) CITY ATTY. b \lF.
CITY MGR.
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At the City Council meeting of November 18, 1997, the City Council discussed and approved a
proposed settlement of the above referenced case. The parties have settled this lawsuit and
this item satisfies the Brown Act requirement to report the fact of a settlement of litigation
approved in a prior closed session, and make the terms and conditions of the settlement
available to the public.
The General Release and Settlement of Claim (attached) is provided for public review.
FISCAL IMPACT:
The cost of the settlement is $16,000.
EXHIBITS:
General Release and Settlement of Claim
I - - -
GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of SIXTEEN THOUSAND AND NO/100
DOLLARS ($16,000.00), the undersigned hereby releases and further
discharges the CITY OF CARLSBAD and OFFICER JEROMY AARON BIRKET,
their 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 April 27,
1996, which is the subject of San Diego Superior Court Case
No. N72782.
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 and
OFFICER JEROMY AARON BIRKET harmless and to indemnify them 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 medical liens of any type whatso-
ever.
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.
I
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 of this settl
Dated:
APPROVED AS TQ FORM AND CONTENT: -- Y ,* i
Dated:
C. BRADLEY HALLEN, Attorney for Plaintiff PETER BLYTH
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