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
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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.
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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:
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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.
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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&$?
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