Loading...
HomeMy WebLinkAbout1999-02-16; City Council; 15069; Settlement Stoffey v. City (N76349)- CITY OF CARLSBAD - AGENbA BILL 41 0 4 AB# /< 04 9 TITLE- REPORTING OUT THE TERMS AND CONDITIONS OF THEE~LEMENT As REQUIRED BY THE BROWN ACT IN MTG. 2/16/99 STOFFEY V. CITY N76349 (PERSONAL INJURY) DEPT. CA RECOMMENDED ACTION: There is no action the Council needs to take. ITEM EXPLANATION: DEPT. HD. CITY ATTY. CITY MGRa At the City Council meeting of December 16, 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 $26,002. EXHIBITS: General Release and Settlement of Claim .- GENRRAL~LMEANII SErnEWENT OF CIbAI~ Robert #offrv v. City of Cm For the sole coneideration of Twenty-Five Thousand and One Dollass and Oo/lOO ($25,301.00), the undersigned hereby releases and further diacharges the CiTY Ok' CARLYBA3, its employees, officera and agents and all other persons, fi.rms 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 but of the damagea resulting or to rtsUlt from the incident occurring on or about. January 25, 1997, which is the subject of San Diego Superior Court Case No. N76349. Further, the undersigned hereby agrees to release any and all claims and demands, rights and ca'dees of action of any kind that may cow have,arisen or hereafter may arise ae a result of the above incident, and further agrees to hold the CITY OF CARLSEW, harmless, and to indemnify it for and against any claim, lien or debt; khich has or may arise from the incident described herein, including, but not limited to, Worker's Compensation Liens and medical lfen~l of any type whatsoever. This Release! expresses a full and complete settlement of a liability claimed and denied on the part of all parties, regardless of the adequacy nf the above consideration, and the acceptance of this Release shall wt operate as an admission of liability on the part of any party hereto. 8666IZLO9L+.LHH 9 ma f NVSS:II~ 66-8Z-I - . . _. e - . , I All righter given by Section 1542 of the Civil Curie of California, which is quoted below, are waived by the under- signed, CIVI4 CO33 SFCTION 1542: "A general release d0e.s no't extend to claims which the creditor does not know or suspect to exiat in his favor at the time of executing the release, which if known by him mu& have materially affected his settlement with the debtor." By aigning this'Genera1 Release, I intend to give up and diechargc all rights and claima to damages to ptracln and/or propertyl even though some of such damages themeelvee at the the of acceptance,of this DATED: (/&,b APPROVED As TO FORM AND COTJTEHT: L 19 #! 9666lZLO9?+LHH 'g ATlVil : w9s:11: 66-82-1: c ,- .., * - - - GENERAL RELEASE ANIl S~TTLEMBHT OF CLAIM Robert Stoffey v. City of Carlebad For the sole consideration of One Thousand and One Dollars and OO/lOO (Sl,OOl.OO), the undersigned hereby releases and furthar discharges the CITY OF CARLSBAD; it employees, officer6 and aqents, 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 damage8 resullirlg or to result from the incident occurring on or about January 25, 1997, which is the subject of Sa;l Diego Superior Court Case No. N76349. 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 f iJ?%h.er agrees to hold the CITY OF CARLSBAD, harmless, and to indemnify it for and againet any claim, lien or debt which haa or may arise from the incident described hereir,, including, but not limited to, Worker's Compeneation liens and medical liens of any type whatsoever. This Release expresses a full and complete settlement of a liability claimed and denied on the parl: 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. f /I: #! 9666wo~f+w~ 9 .mva : WGS:lI: 66-8Z-I: - -- -* 1’ . All right8 given by Section 1542 of the Civil'Code of California, which is quoted below, are waived by the under- signed. "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 tntlst have materially affected hie settlement with the debtor." By aigning this General Release, I intend to give up and discharge all rights and claims to damages to property, even though some of such damages themselves at the time of acceptance of 19 / * w ELEANOR STOFF APPROVED A6 TO FORM AND CCRTRNT: I!/ 'DATED: ( 7&$? L /P #! 96661ZLCiW+.LQI 9 ma : WPC:Tl: 66-82-I