HomeMy WebLinkAbout1999-02-02; City Council; 15031; Settlement Case N76530 Schmidt v. CitydTY OF CARLSBAD - AGENIjn BILL Lt-l 0 I
AB# 9031 TITLE- REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD.
THESETTLEMENT AS REQUIRED BY THE BROWN ACT IN
MTG. 2/2/99 SCHMIDT V. CITY N76530 (PERSONAL INJURY) CITY ATTY.
DEPT. CA CITY MGR.-%+
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At the City Council meeting of December 1, 1998, 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 $15,000.
EXHIBITS:
General Release and Settlement of Claim
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GENERAL RELEASE AND SETTLEMENT OF CLAIM
Verda Schmidt 'v. Cite of Carlsbad
For the sole consideration of Fifteen Thousand Dollars
and OO/lOO ($15,000.00), the undersigned hereby releases and
further discharges the CITY OF CARLSBAD, 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 May 22, 1997, which is the
subject of North County Superior Court Case No. N76530.
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, harmless, and to indemnify it for and
against any claim, lien or debt which has or may arise from
the incident described herein, including, but not limited
Worker's Compensation liens- and medical liens of any type
whatsoever.
to,
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.
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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 settlement.
DATED: \-a-90, /A .
VERDA SCHMIDT, Plaintiff
APPROVED AS TO FORM AND CONTENT:
. DATED: I-
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