HomeMy WebLinkAbout1999-12-07; City Council; 15507; Settlement Case N079089 Pyle v. City.- .
GITY OF CARLSBAD - AGENDH BILL [I I
AB# 15,507 TITLE- REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD.
THESE~LEMENT AS REQUIRED BY THE BROWN ACT IN
MTG. 12/07/99 PYLE V. CITY NO79089 (PERSONAL INJURY) CITY ATTY.
DEPT. CA CITY MGR.%$ ~
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
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 Release of All Claims (attached) is provided for public review.
FISCAL IMPACT:
The City’s cost of the settlement is $11,500.
EXHIBITS:
Release of all Claims
A c
In this Release:
-,
RELEASE OF ALL CLAIMS
The terms “I”, “me”, “my”, “myself’, and “claimant” mean: L. Scott Pyle.
B. I agree to the terms of this Release on behalf of myself and my spouse,
dependents, heirs, executors, administrators, and assigns.
C. The term “Releasee” means: City of Carlsbad
D. “Releasee” also means the owners, officers, directors, agents,
stockholders, partners, employees, representatives, successors, and assigns of each
person or entity named in Section I.C.
11.
The subject of this Release is my claims and rights as a result of the following
incident, occurrence or transaction:
An accident alleged in Plaintiff’s Complaint to have occurred on the
sidewalk in front of 2978 State Street in Carlsbad, California on
May 1,1998.
III.
In exchange for payment to the undersigned of Eleven Thousand Five Hundred
Dollars ($11 ,SOO.OO), I agree to the terms of this Release and give up all present and
future claims and rights I may have against Releasee or its property as a result of the
occurrence described in Section II.
Iv.
DISMISSAL OF PRESENT ACTION
I direct my attorneys to dismiss with prejudice the Complaint in the case styled
as follows:
TITLE L. Scott Rvle v. City of Carlsbad
COURT: Superior Court for the State of California,
Countv Of San Diego, North Countv Division
CASE NO: NO79089
v.
WARRANTY
A. Authoritv to Release. I represent and promise Releasee that I have full
legal authority to sign this Release for:
1. Myself and all parties included in Section 1.B; and
2. All other persons or entities who have any interest in my claims or rights
as a result of the occurrence described in Section II. This includes any liens anyone
may have on our recovery in this matter.
B. Defend and Hold Harmless. I also agree that if anyone attempts to make
a claim against Releasee (1) based upon my claims or rights as a result of the
occurrence described in Section II or (2) based upon any lien or claim on my recovery,
I will defend Releasee and pay all costs, expenses, or damages Releasee may incur
because of such claim or lien. This includes the payment of attorneys’ fees and costs
and the payment of any lien, settlement or judgment.
VI.
Past, Present and Future Claims. I understand that I am giving up not only my
present claims and rights but also my future claims and rights.
This includes:
1. All past, present and future property loss or damage;
2. All past, present and future medical, nervous, emotional, and phvsical
disabilities and iniuries to all parts of my person and body; and
3. All past, present and future loss of monetary and social support, comfort
and sexual relations; caused by the occurrence described in Section II.
B. Give Up Future Claims Even Though Not Anticipated. I understand that
I give up these future rights and claims even though I do not presently anticipate any
need or reason for future claims and regardless of whether such future claims also
result in part from some future traumatic injury or disease.
C. Give Up Future Claims Knowing I Mav Have Future Needs. I understand
and I agree to give up my future claims and rights knowing that I may in the future:
1. Need repair or replacement of my damaged or lost property;
2. Need medical attention or treatment; and
3. Suffer physical disability, disease, illness or injury;
As a result of the occurrence described in Section II.
VII.
WAIVER OF SECTION 1542 RIGHTS
A. Section 1542. I also give up all of my rights under the provisions of
Section 1542 of the California Civil Code, which reads:
A general release does not extend to claims which the
creditor does not know or suspect exists in her favor at the
time of executing the release, which if known by her must
have mater-My affected her settlement with the debtor.
B. Section 1542 Ex&kxd. I understand, and my attorney has explained
to me, the importance, meaning, and legal effect of this Code Section and this entire
Release.
C. Take Chances as to Unknown. I know I may have serious injuries or
losses I know nothing about, but as to them, I take my chances.
D. Releasee Does Not Agree Unless Includes Unknown and Unanticipated.
I understand that Releasee would not have agreed to the terms of this Release if this
Release does not cover property losses and personal injuries, illnesses or disease
which may be presently unknown to me and unanticipated to me.
VIII.
NOT AN ADMISSION OF LIABILITY
I understand that by settling, Releasee is not admitting liability for my injuries
or damages, if any. To avoid further litigation, Releasee and I have agreed to this
compromise even though issues of liability and damage remain disputed.
QC.
A. Read. I have read this Release or had it read to me.
B. Understand. I understand the meaning and effect of this Release.
C. Advised. I have been advised by my attorney of the effect of this Release.
D. I agree to the terms of this Release. Agree.
4
X.
I agree to keep confidential the terms and conditions of my settlement with City
of Carlsbad, including, without limitation, all terms and conditions stated in this
Release. I agree not to disclose any of such terms and conditions to any one at any
time for any purpose, unless compelled by process legal to do so.
IN WITNESS WHEREOF, I have executed this Release on
1999 at s cc- , California. d3 L. SCOTI P
APPROVED AS TQ FORM:
Att
f
ey for Plaintiff,
L. CO’ITPYLE