HomeMy WebLinkAbout2006-04-18; City Council; 18528; Majeska Family Claim SettlementCITY OF CARLSBAD- AGENDA BILL 8
AB#
MTG.
DEPT.
18528
4/18/06
CA
TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF
THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN
THE CLAIMS BY THE MAJESKA FAMILY AND THE ESTATE
OF ALEX ROYAL MAJESKA
DEPT. HD.
CITY ATTY. (&Z''
CITY MGR.^^f^
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
The parties have now settled this claim under the authority given to the City Attorney by the
City Council at its closed session meeting of February 21, 2006. 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. The General
Release and Settlement of Claims is attached.
FISCAL IMPACT:
The settlement amount is $150,000.
EXHIBITS:
I. General Release and Settlement of Claims
DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891
., 03/16/2006 16:06 DflLEY PND HEFT DL MR * 917607206082 NO. 705 0002
GENERAL RELEASE AND SETTLEMENT OF CLAIMS
Re: Death of Alex Roval Maleska and Claims bv the Maneska Family
and the Estate of Alex Roval Maneska
For the sole consideration of ONE HUNDRED FIFTY THOUSAND
DOLLARS and no/100 (§150,000.00), the undersigned hereby release
and further discharge the CITY OF CARLSBAD, the CARLSBAD POLICE
DEPARTMENT and all of its POLICE OFFICERS, and all other CITY OF
CARLSBAD employees, its attorneys and agents and all other
persons, firms and corporations (hereinafter referred to
collectively as "CITY")'from all claims and demands, claims for
relief, rights and causes of action (whether based on Federal law
or State law and including, but not limited to, claims for relief
or causes of action sounding in wrongful death, violation of
civil.rights, battery, excessive force or infliction of emotional
distress) of any kind the undersigned now have or hereafter may
have against CITY on account of or in any way growing out of any
type of injury or damages resulting or to,result from the
incident occurring on or about August 19, 2005, during which Alex
Royal Majeska died (hereinafter referred to as ^The Incident".)
Further, the undersigned, and each of them, agree to release
any and all claims and demands, rights and causes of action of
any kind that may now have ariaen or hereafter may axise as a
result of The Incident, and each of the undersigned, jointly and
severally, further agree to hold CITY harmless, and to indemnify
'7
03/16/2006 16:06 DflLEY flND HEFT DL MR * 917607206082 NO.705 P003
CITY for and against any claim, lien or debt which has arisen or
may arise from The Incident, including but not limited to
attorneys' liens, other liens and medical liens of any type
whatsoever.
Further, the undersigned agree that none of the undersigned
will initiate any contact with the press or media in order to
report this settlement or discuss its terms. This provision does
not purport to render this settlement a confidential one or
prevent' the undersigned from responding to questions posed by a
press or media representative. However, the undersigned agree
that the specific terms of the settlement shall not be disclosed
except to immediate family members, personal tax advisors and
attorneys, and as necessary for the enforcement or compliance
with this- Agreement or if otherwise required under law. The
undersigned agree not to represent to any media that this
settlement by the City shows that City accepted liability in this
incident.
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 and Carlsbad
police officers deny any wrongdoing whatsoever. The above-
03/16/2006 16:06 DfiLEY flND HEFT DL MR •> 917607206082 NO.705 D004
mentioned consideration expressly includes all attorneys' fees
and costs whatsoever. Any additional claims fox 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.
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 each intend to give up
and discharge all rights and claims to damages to persons and/or
property arising out of The Incident, even though some of such
damages may not have shown themselves at the time of acceptance
of this settlement.
DATED:
THOMAS MAJESKA,. SR., as personal
representative of the Estate of
Alex Royal Majeska
DATED:X
DATED : ^~2 I
THOMAS MAJESKA
i*Vl _ ^
TERESA MAJESKA' 7
/J
" 03/16/2006 16:06 DfiLEY flND HEFT DL MR * 917607206082 NO.705 P005
DATED:
MARCEL MAJESKA
DATED:' 0 (3
ADAM MAJESKA
APPROVED AS TO FORM AND CONTENT:
DATED:ATTORNEY AT LAW
Gordon Levinson, Attorney
for signing members of the
Majeska family, Thomas
Majeska/ Sr., Marcel Majeska,
Adam Majeska, Teresa Majeska,
and the Estate of Alex Royal
Majeska