HomeMy WebLinkAboutRESO 3720• •
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i USOLtrnON NO. liB
:IESOLUT!ON OF DIE CotJHCIL OF 111! CITY OP PALO
ALTO PlOVlDING THAT '1'llE · CITY OP' PALO ALTO WILL
NOT ·DEFEND TED F. P!AISON IN AN ACTIOI BIOUQJT
AGAINST HIM BY KUR.T ACKEIUWIR AND SETTING FORTH
niE REASONS THE'REFOR
WHEREAS, Kurt Ackerm.nn and Ted F. Pearson are employees of
the City of Palo Alto; and
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WHEREAS • Ackermann has filed an action against Pearson in
the Superior Court of Santa Clara County, being action Number
149814, allegins that the fo=mer was injured by an act of the
latter committed while both were on duty as employees of the
City of Palo Alto; and
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WHEREASf the insurance carrier of Pearson has tendered
defens' of said action to The Travelers Insurance Company under
the latter's policy with the City; and
WHEREAS. the City of Palo Alto has a subrosation claim
against Pearson for Workmens' Compensation and ~edical payments
expended for Acker.mann as a result of injuries alleged to have
been sustained by him as a result of said act of Pearson.
NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as follows:
§.EC'fiOH 1,. That the act or omission of Pearson alleged in
said complaint to have occurred on or about ~"JVember 19, 1962 . .
and out of which said injury to Ackermann was alleged to have
arisen, did not occur in and was not within the scope of the
employment of Pearson as an employee of the City of Palo Alto • .
SECTlQti 2. That the defense of said action by the City
of Palo Alto would create a conflict of interest between the
City and Pearson.
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~lCIION J. ·That pursuant to Section 995.2 of the Government
Code and the reasons stated above, the Council hereby refuaea
to provide for the defense of said action broupt againet
Ted F. Pearson by Kurt Ackermann in action Number 149814 of the
Superior Court of the State of California in and for the County
of Santa Clara.
INTRODUCED AND PASS EO: February Utb, 1964
AYES : Un&Dimout
NOES:
ABSENT: Com•tock
ATTEST: APPROVED: . !.? ~~;· d. ' ~If. f!wll( ;n~t. .;t. __ , A<.;jj2.:
~ ty ler'tt yor
-FORM:
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APPROVED AS TO CONTENT:
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