HomeMy WebLinkAbout2005-11-01; City Council; 18328; Reporting David Salisbury Claim SettlementCITY OF CARLSBAD - AGENDA BILL
AB## 18,328
MTG. 11/1/05
TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF
THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN
THE CLAIM OF DAVID SALISBURY
DEPT. CA
DEPT. HD. I
ClN ATTY. p;
CINMGR. 3
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
The parties have now settled this lawsuit under the authority given to the City Attorney by the
City Council at its closed session on September 13, 2005, and the parties have settled this
claim. A minor's compromise has been filed as well. This item satisfies the Brown Act
requirement to report the fact of a settlement of a claim approved in a prior closed session,
and makes the terms and conditions of the settlement available to the public.
FISCAL IMPACT:
The total cost of the settlement is $150,000.
EXHIBITS :
General Release and Settlement of Claim
Minor's Compromise
G19 233 1534
PAGE u4
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centtwar tei contest :.i.abiltty and all Bef4nUhntr dew &W
wwonabeFr.a whataccvar . The abcvo-menClone8 caneideration
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ad Lltatn DAVID SALISBURY
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10/20/2605 09 : 46 DRLEY FlND HEFT DL MR + 917604348367 ,> . .-
Provider
Mercy Air Services, Inc
Scipps Memorial Hospital,
La Jolla
N0.900 D002
~
Original Billing City’s Expense:
$7,905.00 $ 486.20
$61,966.25 $ 6,734.00
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Settlement Confitmation
LA Job Radiology
Claim Caption: David Salisburv v. Citv of Cabbad. Giberto Danny Mordes et al.
$1,856.00 $ 1,856.00
I
Date of Loss; November 23,2004
Laboratory .Diagnostics
MedicaVPathogy
Emergency Physician
Medical Group ,
McReynoIds & Scdwitz,
APC
Date: August 12,2005
This is a settlement confirmation cohditioned upon confirmation of the medical
expenses as set forth below and approval of the Carlsbad City Council and the Court’s
approval of m Application for Minor’s Compromise It is admissible under Evidence Code
section 1123 and enforceable pursuant to Code of Civil Procedure section 664.6.
I
$ 279,25
$ 535.00
$ 932.00
TIE parties to this Agreement agree to completely and forever settle this case 04 the
following terms and conditim:
1. The following sums will be paid and accepted:
a. $150,000 to be paid by the City of Carlsbad on behalf of itself and Gilbert0 Danny
Morales and accepted by David Salisbury, Blanca Salisbwy and on behalf of their
minor child, Michelle Salisbury;
b. The City of Carlsbad will be responsible for the payment of past incurred medical
expenses for David. Salisbury, conditioned upon confirmation that these past
medical expenses were satisfied by Medical and the City’s expense for these bills
‘ is as follows:
I I I Total: I $73,47450
1 1 $ 279.25
$ 535.00
.* $ 932.00
$1 0,822.45
10/20/2005 09:46 DRLEY QND HEFT DL MR 927504348367 ..
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2. &mseI for Mchelk Salisbury shd prepme, file and argue an Application €or Mhor's
Compromise. CounseI to advk as to the sum of money to be distributed to Michelle
Salisbury. The City to pay the filing fee of $303.00 for the Application;
3. Each party shall bear their own attorneys fees and costs. AI1 parties sM1 execute a mutual
settlement agreement Containizlg with the usual and customary releases of all claims,
including a waiver of Civil Code section 1542, tbt is to be prepared by counsel for the
City of Carlsbad,
4. The settlement draft shall be payable to "David Salisbury, Blanca Salisljury and their
attorney Gregory Alan Montegna, Esq." Attorney Montegna's tax identification number is
3 3-0226206.
and his daughter Michelle Sali
Counsel fur plaintiffs Counsel for the City of Cadsbad
I, Salvador Herrera translated this document into Spanish for my sister, Blanca Salisbury,
and she indicated to me-tbat she understood the document and the terms of settlement. . .. ,
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10~20~2005 09:46 DALEY AND HEFT DL MR + 917604348367
CASE ~MKHXLLE SAI;ISB~Uby her Guardian ttd Litem, DAVID t S&ISBURY y5. CITY OF CARLSBAD, ET. AL.
10/20/2005 09:46 DQLEY QND HEFT DL MR + 917604348367 N0.900 D008
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