HomeMy WebLinkAbout1982-12-07; City Council; Resolution 70741
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RESOLUTION NO. 7074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DESIGNATING AS ITS
NUMBER ONE LEGISLATIVE PRIORITY FOR 1983
ENACTMENT OF LEGISLATION PROVIDING GREATER
TORT LIABILITY PROTECTION FOR PUBLIC AGENCIES
WHEREAS, the California Supreme Court's decisions
adopting comparative negligence and combining it with joint and
several liability has subjected Carlsbad to a flood of tort
liability claims and lawsuits; and
WHEREAS, many of these cases result from the fact that
the person truly responsible has little or no money and the
injured party seeks to tap the City's "deep pocket" because the
law exposes us to the risk of being held us responsible for one
hundred percent of the damages notwithstanding the fact that we
have only a very small percentage of the responsibility for the
accident; and
WHEREAS, if the fair compensation of accident victims
is the overriding consideration, that should be handled on a
statewide basis. It is wrong to make the cities, who are least
able to afford it, responsible for being the insurer of last
resort; and
WHEREAS, the San Diego County Board of Supervisors has
designated as its number one legislative priority for 1983
enactment of legislation providing greater tort liability
protection for public agencies and asked that the City of
Carlsbad join with them in their effort and communicate such
action to the San Diego Legislative Delegation and the League of
California Cities
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad,
California designate as its number one legislative priority for
1983 enactment of legislation providing greater tort liability
protection for public agencies. In that regard it is
particularly important that the City's share of the damages for
tort liability be limited in some reasonable and fair way to the
City's share of fault.
3. That the City Clerk forward copies of this
resolution to San Diego County, the San Diego Legislative
Delegation and the League of California Cities.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the
7th day of Dece3nber , 1982 by the following vote, to wit:
AYES
NOES: None
ABSENT: None
Council Markers Casler, LRwis, Kulchin, Chick and Prescott
ATTEST :
lzlLoLL dQ;c.c*l, ALETHA L. RAUTENKRANZ, City Clprk
(SEAL)
2.