HomeMy WebLinkAbout2001-12-04; City Council; 16442; Bruhn Et Al vs City Of CarlsbadCITY OF CARLSBAD -AGENDA BILL
AB# TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD. Id ,q Li i&
THE SElTLEMENT AS REQUIRED BY THE BROWN ACT IN
MTG. 12/4/01 BRUHN ET AL. V. CITY OF CARLSBAD, ET AL., CASE NO. CITY ATTY.
00 CV 1463 BTM (JAH)
DEPT. CA CITY MGR. a
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At its special meeting of October 2, 2001, the City Council discussed and approved a
proposed settlement of the above referenced case subject to approval by all parties and the
court. The parties have now settled this lawsuit and it has been dismissed. This item satisfies
the Brown Act requirement to report the fact of a settlement of litigation approved in a prior
closed session, and makes 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 $75,000.
EXHIBITS:
General Release and Settlement of Claim
GENERAL RELEASE AND SETTLEMENT OF CLAIMS
Re: Russell Bruhn, et al. v. City of Carlsbad, et al. USDC Case No. 00 cv 1463BTM (JAH)
Judge: Barry T. Moskowitz - Courtroom: 15
Magistrate: John A. Houston
For the sole consideration of SEVENTY FIVE THOUSAND DOLLARS
and no/100 ($75,000.00), and the CITY OF CARLSBAD's agreement to
perform certain traffic control intersection studies within six
months from the date of this settlement, the undersigned hereby
release and further discharge the CITY OF CARLSBAD and OFFICERS
ROBERT GALLOWAY, GIL BEASON and PETER LOPEZ, and all other CITY
OF CARLSBAD employees, its attorneys and agents and all other
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 December 4, 1999, which is the subject of United States
District Court, Southern District, Case No. 00 cv l463BTM (JAH).
The monetary portion of this settlement is allocated as
follows:
$60,000 $ 5,000 $ 5,000
$ 5,000 $ $75.00:
Attorneys Fees
Litigation Costs Contribution to the New York City Police Foundation, Inc. to benefit police
officers injured or killed in the World Trade Center disaster Russell Bruhn Lisa Bruhn
Further, the undersigned hereby agree 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 agree to hold the CITY OF CARLSBAD
and OFFICERS ROBERT GALLOWAY, GIL BEASON and PETER LOPEZ,
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 Worker's Compensation liens,
attorneys' liens, and medical liens 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 of the above consideration, and the
acceptance of this release shall not operate as an admission of
liability or wrongdoing on the part of any party hereto.
Specifically, all defendants have contested liability and
continue to contest liability and all defendants deny any
wrongdoing whatsoever. The above-mentioned consideration
expressly includes all attorneys' fees and costs whatsoever. Any
additional claim for attorneys' fees pursuant to 42 U.S.C.
Sections 1983 and 1988 are hereby waived by the undersigned and
their attorneys.
All rights given by Section 1542 of the Civil Code of
California or any equivalent Federal statute or law, which is
quoted below, are waived by the undersigned.
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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."
This agreement may be executed in counterparts with the same
effect as if all original signatures were,placed on one document,
and all of which together shall be one and the same agreement.
By signing this General Release, we intend to give up and
discharge all rights and claims to damages to persons and/or
property, even though some of such damages may not have shown
themselves at the time of acce
DATED: /o-3/-0"/ RUSSELL BRUHN, Plaintif-.-
DATED: ,(?!.,i,/[>! L?lX& BRUBN, Plaintiff
APPROVED AS TO FORM AND CONTENT:
DATED:
BY:
LAW OFFICES OF MICHAEL R. MARRINAN
. .-
Plaintiffs, RUSSELL BRUHN and LISA
BRTJHN
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MICHAEL R. MARRINAN Attorney at Law State Bar No. 90484 Law Offices of Michael R. Marrinan 2445 Fifth Ave., Ste. 200 San Diego, CA. 92101
(619) 238-6900
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF,CALIFORNIA
RUSSELL BRUHN and ) CASE NO. OOcv1463-BTM (JAH)
LISA BRUHN, 1 ) STIPULATION FOR DISMISSAL; Plaintiffs, ) ORDER THEREON
vs.
~ CITY OF CARLSBAD,
ROBERT GALLOWAY,
G. BEASON, PETER LOPEZ
and DOES l-20,
i Defendants. )
This case having been settled as to all parties and causes of
IT IS HEREBY STIPULATED that this action may be dismissed
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OOcv1463-BTM (JAH)
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in its entirety, with prejudice.
IT IS SO STIPULATED.
Dated: / s- o/
Attorney for Plaintiffs
Dated:
DALEY & HEFT
BY MITCHELL D. DEAN Attorneys for Defendants
ORDER
Good cause appearing, IT IS HEREBY ORDERED that this action be
dismissed in its entirety, with prejudice.
Dated:
HONORABLE BARRY TED MOSKOWITZ
United States District Judge
OOcv1463-BTM (JAH)