HomeMy WebLinkAboutCC 8 SETTLEMENT 02-02-81DATE:
TO:
FROM:
SUBJECT:
January 22, 1981
CONSENT CALENDAR
No. 8
2-2-81
Inter-Corn
Honorable Mayor and City Council
Roy Gonzales, Personnel Director ~
Settlement - Kreuger, Colgan, Hunt and Broyles
Attached is a memo from Clint Hodges c~f Kegel, Tobin & Hamrick who represented
the City in the above-mentioned action: Also included is a copy Of a check for
$9,526.00 and a release to be executed by the Council prior to acceptance of the
check.
BACKGROUND
This case involves four Fire personnel who were injured in 1977 when an auto-
mobile driven by Nelly Jaramillo collided with the fire engine on which they
were riding. The City filed a claim with Farmer's Insurance as a third-party
in an attempt to recover medical and salary costs paid to the individuals in-
volved.
The City Council has previously received and accepted payment for damages and
loss on the fire engine and in March of 1980 approved the staff pursuing a
settlement on the compensation matters.
There was a total of $15,000 available from the Insurance Company for compensa-
tion of the partie~ involved. This money was divided primarily between the
City, Kurt Kruger who sustained the worst injuries, and a passenger in Ms.
Jaramillo's vehicle. Of'the $15,000 the City received $9,526 in actual pay-
ment with about $2,500 in credit against any future medical costs on the part
of Kurt Kreuger for a total of about $12,000 in recovery against total current
costs of about $14,000.
RECOMMENDATION
That the City Council accept the check from Farmer's Insurance Group in the
amount of $9,526.00 as settlement in the matter of Kreuger, Colgan, Hunt and
Broyles and authorize execution of the attached form releasing the Farmer's
Insurance Group from any future claims in this matter.
RPG/ka f
Attachment
I~)$ ANG;.LE$. CALIFORNIA 90(0)5
6! ) SOUTH SHAI-FO PLACE
TEL~rPHONE: (2131 18038BO
JOHN J. rOBiN
City of Tustin
City Center
300 Centennial
Tus~in, CA 92680
KEGbZL, TOBIN & HAMRICK
REPi Y TO: ~T~ANA OFFICE
January 16, 1981
SANTA ANA. CA. 92702
040 N. TUSTIN AVE.
P.O. BOX 14gg
TELEPHONE; (714) B34-1661
SAN DIEGO. CA. 921OS
302S CANON ,~TREET
TELEPHONE: (71,0.) 222-8735
VENTURA, CA. 93003
260 MAPLE COURT. ~t245
TELEPHONE: (805} 644-22t6
NANCY J, LAKE
POMONA/SAN BERNARDiNO OFFICE
9375 ARCHIBALD AVENUE ~3t3
RANCHO CUCAMONGA. CA. ~'l 730
TELEPHONE.: (7141987-O211
JOHN J TOBIN
LAWRENCE S, MENDELSOt4N
Attn:
Re:
Roy Gonzales
Kreuger, etc. v. Jaramillo, et al.
Employees: Hunt, Kreuger, Colgan & Broyles
Employer: City of Tustin
D/Loss: 9/19/77
Dear Mr. Gonzales:
Enclosed you will fihd a draft in the amount of $9,526.00
in accordance with my letter dated December 16, 1980.
am also enclosing a release which must be signed by the
appropriate official at the City of Tustin, Do not present
the draft for payment until you have executed and returned
the release to me.
We will thereafter close our file and submit our final billing.
Thank you for allowing us to have been of service to you in
this case.
Yours very truly,
KEGEL,./. ~OBIN & HAMRICK
BY: CLINTON M. HODGES ~
CMH: vlt
Enc.
c.c. Bierly (SA)
RELEASE IN FULL OF ALL CLAIMS AND RIGHTS
For and in consideration of ,he sum of____N_N_l_n_e___T_h__°,usand F:tve Hund~-ed Twenty
the ~ld-¢entur7 Exehang;e of' t:he ~a~'mer~s Insurance O~'oup
their principals, agents, represenlolives cmd'idsuronce carriers from any and oil righls, claims, demands
and darnages of any kind, known or unkn(.wn, existing or (~rising in lhe future, resuJling J'rom or re-
bled Io personal injuries deolh or pn)perly damage, arising from on accident lhaloccurred on or
about the_ 19__t_.h.._doy of_S_e?temb_?? .... 19_~_7_, at or near Tustin, California
This release shall not destroy or otherwise affect the rights of persons on whose behalf this
payment is mode, or persons who may claim to be damaged by reason of the occidenl other than lhe
undersigned Io pursue any legal remedies they may have against the undersigned or any other persons.
I underslond lhot Ibis is a compromise selt!ement of oil my claims of every nalure and kind
whatsoever arising out of the occidenl referred to above, bul is not on admission of liability. I under-
stand thai this is all lhe money or consideration I will receive from Ihe above described parties os
a result of this accident I have read this release and understand it.
Signed Ibis__
day of .............. _.,__19 .......at ....
............................
The California Insurance Code ~l 556.1 requires that this docume*d contain Jhe foJlowi~g kmguoge:
(b) Prepare, mol~e, or subscribe any wrili~g, widi init, hi Io Oresen! o~ use Ihe same. or Io ollow il I0 be p~esenled or used in supporl o! any
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