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Home My WebLink AboutClaim 789 - M. Stenzel • CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#789) BY MATTHEW STENZEL, A MINOR, BY AND THROUGH HIS GUARDIAN, DANA STENZEL, IN AN AMOUNT OVER $25,000 SUBMITTED BY: Rachelle Klassen, City Clerk DATE: March 23, 2017 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 789 Recommendation By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. Strategic Plan Objective This request represents routine conduct of municipal affairs; there is no specific Strategic Plan Goal associated. Background Based on a review of the subject Claim and the recommendation of the Claims Adjuster, Risk Manager, City Attorney, and staff, it is recommended that the Claim be rejected. Discussion of this item should be held in Closed Session pursuant to Government Code Section 54956.9(d)(2), potential litigation. Fiscal Analysis City of Palm Desert participates in the self-insurance pool of the California Joint Powers Insurance Authority (CJPIA). Action to reject the subject Claim does not have a fiscal impact on the City at this time. Submitted by: Approved: 4114. Atm, Ra elle D. Klassen, MM , ity Clerk Lauri Aylaian, City Manager rdk Attachments (as noted) -.414111111111111111111.111111111111111.1111111111 CARL WARREN&COMPANY Claims Management and Solutions February 14, 2017 TO: City of Palm Desert ATTENTION: Rachelle Klassen RE: Claim : Stenzel vs. Palm Desert Claimant : Matthew Stenzel (a minor) c/o Dana Stenzel Member : City of Palm Desert Date Rec'd by Mbr : 2/8/17 Date of Event : 9/6/16 CW File Number : 1956554 TVQ Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist. Very Truly Yours, CARL WARREN & CO. T'nof ivy M. V aro-w Timothy M. Varon Claims Specialist An Employee-Owned Company P. O. Box 241 1 ( Tustin, CA 92781 Tel: 657-622-4200 I Fax: 855-683-3055 I www.carlwarren.com CA License No: 2607296 Zw • CARL WARREN&COMPANY Claims Management and Solutions February 14, 2017 Walter Clark Legal Group 72-098 Highway I I 1 Rancho Mirage. CA 92270 RE: Claim • Stenzel vs. Palm Desert Claimant • Matthew Stenzel (a minor) c/o Dana Stenzel Member • City of Palm Desert Date Rec'd by Mbr : 2/8/17 Date of Event : 9/6/16 CW File Number • 1956554 TVQ Please be advised the above-referenced claim was referred to our office for investigation. We are the liability Claims administrators for the City of Palm Desert. This matter is being handled under the file number provided above and is being investigated by our Claims Adjuster Timothy Varon. Upon completion of the investigation, we will contact you concerning our determination of liability. Very Truly Yours, CARL WARREN & CO. Ti.44401-14.4d M. Varo-rt. Timothy M. Varon Claims Examiner 657-622-4287 cc: Member Agency: City of Palm Desert, attn:Rachelle Klassen An Employee-Owned Company P. O. Box 241 1 I Tustin, CA 92781 Tel: 657-622-4200 I Fax: 855-683-3055 I www.carlwarren.com CA License No: 2607296 RECEIVED CITY OF PALM DESERT CIT `f CLERK'S OFFic;E PALM DESERT. ASSIGNED CLAIM NO.1 (. CLAIM AGAINST THE CITY OF PALM DESERT 111 (For Damage(s) to Person(s) or Personal Prop yFE8 -8 Pi 10: 57 Received by: via: U.S. Mail Interoffice Mail Over-the-Counter A CLAIM MUST BE FILED WITH THE CITY CLERK OF THE CITY OF PALM DESERT WITHIN SIX MONTHS AFTER WHICH THE INCIDENT OR EVENT OCCURRED. BE SURE YOUR CLAIM IS AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PUBLIC ENTITY. WHERE SPACE IS INSUFFICIENT, PLEASE USE ADDITIONAL PAPER AND IDENTIFY INFORMATION BY PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY CLERK, CITY OF PALM DESERT, 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260. TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California: The undersigned respectfully submit(s) the following claim and information relative to damage(s) to person(s) and/or personal property: I. CLAIMANT INFORMATION: NAME Matthew Stenzel, a minor, by arr3 through his Guardian, Dana Stenzel ADDRESS PHONE NO. ( ) _ DATE OF BIRTH: SOCIAL SECURITY NO. DRIVER'S LICENSE NO. N/A 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: Walter Clark Legal Group, 72-098 Highway 111 , Rancho Mirage, CA 92270 (760) 862-9254 3. Occurrence or event from which the claim arises: a. DATE: 9/6/2 016 b. TIME: 2 :4 9 pm c. PLACE (exact and specific location) The intersection of RIAtledge Avenue and Myrsine Avenue in tha City of Palm Dart , Pi_varai r3a Pnunfy, Pal ifnrni a d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or ommission you claim caused the injury or damage. (Use additional paper if necessary.) See Attachment 1 e. What particular action by the City, or its employees, caused the alleged damage or injury? See Attachment 1 _ Page 1 of 2 4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state "no injuries": See Attachment 1 5. Give the name(s) of the City employee(s) causing the damage or injury: Unknown at this time . 6. Name and address of any other person(s) injured: Unknown at this time . 7. Name and address of the owner of any damaged property: Unknown at this time . 8. Damages claimed: Jurisdiction would vest in the Unlimited Superior Court a. Amount claimed as of this date: $ (over $2 5 , 0 0 0) b. Estimated amount of future costs: $ c. Total amount claimed: $ d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospitals, doctors, etc.: Please see the attached Traffic Collision Report and Medical Specials Summary. 10. Any additional information, including police reports, which might be helpful in considering this claim: WARNING:IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (PENAL CODE 72; INSURANCE CODE 556.1). I have read the matters and statements made in the above claim, and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. Signed this (,) day of February , 20 17, at Rancho Mirage, California . Q � G T E LAI INT'S ATTORNEY SIGNATURE OF CLAIMANT ssica A. Albert (SBN 256962) lice of the City Clerk, Palm Desert, California DOC. NO. gcc DATE FILED g,-g- (( Page 2 of 2 ATTACHMENT 1 3(d) How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury to damage. On September 6, 2016, thirteen year old Claimant, Matthew Stenzel, was struck by a car and injured while he was in the crosswalk attempting to cross Rutledge Way at its intersection with Myrsine Avenue in the City of Palm Desert, California. Please refer to the attached Traffic Collision Report for further details. 3(e) What particular action by the City, or its employees, caused the alleged damage or injury? Claimant is informed and believes, and upon such information and belief alleges, as follows: • The City of Palm Desert reviewed and approved the location of the crosswalk at the intersection of Rutledge Way and Myrsine Avenue in the City of Palm Desert, Riverside County, California. • The City of Palm Desert failed to ensure that the crosswalk was located in a safe . area for young middle school-aged children since Palm Desert Middle School was in the immediate area. • The City of Palm Desert placed the crosswalk in a dangerous area and failed to provide adequate signs/flashing lights/bot dots/signals warning motorists of young students crossing within the crosswalk, subjecting young students to an unusually high risk of being struck by motor vehicles, resulting in serious injury and death. • The dangerous condition was caused by the negligence of the City of Palm Desert's agents and/or employee(s), [Gov. Code Sections 835(a), 840.2]. • The City of Palm Desert knew or should of known, the danger of putting a school crosswalk in this area. • The City of Palm Desert failed to move the crosswalk to a safer alternative location or access point. 4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be know at the time of presentation of the claim. As a proximate and legal result of the dangerous condition of the public property, as heretofore described, Claimant was hurt and injured to his health, strength and activity, sustaining injury to his body and shock to his nervous system and person, as well as mental and emotional distress, all of which said injuries have caused and continue to cause him great mental and physical pain and suffering. Claimant is informed and believes, and thereon alleges, that said injuries will result in some permanent disability. As a further proximate and legal result of the dangerous condition of the public property, as heretofore described, Claimant was caused to, and continues to, seek treatment with appropriate health care providers for the injuries sustained in the subject incident. His total amount of medical bills to date is unknown at this time. Stenzel, A Minor, Matthew ' MEDICAL SPECIALS 221320 2/6/2017 Cal Fire/Riverside County Fire Depa Riverside County Fire Departmf 210 West San Jacinto Ave Perris,CA,92570 (760)328-9877 Eisenhower Medical Center 39000 Bob Hope Drive Rancho Mirage, CA,92270 (760)340-3911 Smith,D.C.,Gary Indian Wells Chiropractic 74-967 Highway 111 Indian Wells, CA, 92210 (760)346-5255 Eisenhower Urgent Care 72780 Country Club Drive Bddg B, #203 Rancho Mirage,CA,92270 (760)674-3847 Eisenhower Radiology Med Grp Inc. P. O. Box 280 Rancho Mirage,CA,92270 (760)773-1251 PhyCon 4401 W. Memorial Rd. Suite 121 Oklahoma City,OK,73134 (800)749-4560 CDF-Riverside County Fire Departni 210 West San Jacinto Ave. Perris,CA,92570 (951)943-4970 STATE OF CALIFORNIA PAGE 1 OF 3 TRAFFIC COLLISION REPORT SPECNLCOWTIDN3 NU-BER NIT I RUN Cm AJTh l'DISTRICT LOCAL Roca TYNIBER ?i111R"O FELONY 1 r Palm Desert Desert T162500098 NUMBER HIT L RUN COUMY RCPORTWO DISTRICT FEAT DAY OF WEEK TOYt AWAY PILLED 1JISD 0 n Riverside 36L4 36 Tuesday OYES 04' COLLISION OCCURRED ON LW DAY YEAR TIME f2JQTI NCC A OFFICER LC RUTLEDGE AVE 9/6/2016 1449 3300 4872 C A MILEPOST INFORILATICN I CPS COORDINATES PHOTOGRAPHS BY .1—Iv.,..ONE 1 FEET OF LATITUDE 33.73395 LONGJTUOE -116.369267 0 N 1../.AT I NTERSECTION W ITN sTA-E KAY REL iJ OR FEET OF MYRSINE AVE OYES ✓NO PARTY ORNEYS LICENSE FAJVBFR STATE CLASS AIR RAC SAFETY EOUP VEH YR MARE/YODEL f COLOR ' LICEPAE/ANGER STATE I CA C M G 2013 FORD CMAX SILVER CA • DRIVER NAVE vow..'twat.LAST) 1 SAVOTA SEMI OviNERS NAM ^ SALc LS DRWER TRH STREET ADDRESS RONALD GENE HOLBERT�• . .- . OYIIIERS F IDRCSS I I SLIME AS DRYER CRYI STATE IZJP BICY• SEX I HAIR FYF� N_1GHT WEIGHT BIRTIgATE RACEDISP^S1T ION OF VEHICLE ON ORDERS CF O�KER DRIVER O'I ER CL/ST F ( 1 I I I I PRIOR/LECW KCAL DEFECTS NOTLS AP?:.RENT;v.REFER TO NARRATIVE 1i' OTHER� HOME PHONE BUSINESS PHONE J 1 t (760j 77fi-1773 VEHICLE IDENTR ICATION NUMBER DESCRIBE VEHICLE DAYTAGE_ INSURANCE CARRIER Pffl KYM1MIFFq VEHICLE TYPE �UNK .Y/NONE MINOR AAA 01 NOD ElLIA.OR joY -ER- DR Or -O//STREET OR IOCNwAY SPEED TRAVEL LIMIT CA. DOT .... W RUTLEDGE AVE 25 CAL•T TCPIPSC TJCT.:X PARTY DINERS LICENSE PAJI.'IIER STATE CLASS AIR DAD SAFETY EOUIP VEH YR GAPE/MODEL/COLOR UCENSE PURER STATE 2 DRIVER RACE(FIRST.L!ICOLE.LAST. ❑ MATTHEW JONAH STENZEL OWNERS NAME 0 SAME AS DRIVER PEDES' STREETAOGRESS TRIM r _ OYIr(ER S A.roRESS SAME AS DRIVER PARTIED CITY I.---,...„ —. VEHICLE - I 1 "�"' _— -- DISPOSITION OF VEHICLE 0.V ORDERS DF 1 OFLICXR ; CRNER - 0:1ICR SGT. SEX 1 HAIR I ETES J -IE-GMT WEIGHT I EIRTItSATE RACE -" COST M 17. PRIOR UECHA AL MC DEFECTS NONE APPARENT 0 REFER TO kARRATIL'E 0 • OTHER 1 HOME PHDNF BUSINESS PHONE C VEHICLE IDENTIFTCATION NUMBER DESCRIBE VEHICLE DATLAGE_ yE INSURANCE CARRIER POLICY VTJT.T R „CIE TYPE ]UNK L'NONE •AO.VOR N/A 04 ❑L100 TAAJOR -OVER CAR OF OV STREET OR HIGHWAY SPEW TRAYS'. LVAIT CA_____ GOT S RUTLEDGE AVE 25 CAL•T ___ TCPRSC 11CR3X PARTY DRNER'S LICENSE NUMBER STATE CLASS AN BAG SAFETY EQUIP VEN YR MAKE I MODEL/COLOR LCENSE MISER STATE 3 I ORNER RA DE'FIRS:./JIDDLE.LAST) U CCMR'S TMAME SAME AS DRIVER PEDES' STREET ADDRESS TRENT n OWNERS ADDRESS I II SAME AS CRIVER PARKED CITY/STATE/21P VEHICLEH� I I DISPOSITION OF VEHICLE ON OROERS OF 0 OFFICE. ❑ INNER r OTHER BICY. SEX I HAIR EYES NEIGNT WEIGHT IRRIMGATE RACE MIST T--� 1 PR ION TJEOAANICALDEFECTS NONE APPARENT I •REFER TOImRRATIW 0 OMER •ICTAEPHOJF_ BUSINESS PHONE 0 VEHICLE IOENLIFICATION ROUSER DESCRIBE VEtICLE CIALIASZ VEHICLE TYPE ❑MC ]N]Y.E Li It NOR RTINJRANCE CARRIER POLICY ROUSER . I• 0TMO DRAMA �RovE�R- DEN OF ON STREET OR HIGHWAY SPEED TRAVEL LIUIT CA _ DOT • CAL-T _ TCP/PSC _NC= 4. IWEYARERSIWAE — DISPATCH HOMED REVIEWER'SHA'LE QE REVEWtO ROBERTSON.JOSHUA 4872 0YES I VO 2IUA ,��l .j ;.( '09 I IlI 7 STATE OF CALIFORNIA TRAFFIC COLLISION CODING PAGE 2 OF 3 OATS OF CGWS ON(MO.DAY YEN) TIME NOG OFFICER W. NUMBER 9/612016 1449 3300 4872 T182500098 OWNERS NAME OWNERS ADDRESS NOTIFIED 1 PROPERTY _ FIVES n NO DAMAGE DESCRW77ON OF ONMNGE - SEATING POSITION 0000 TS SAFETY EQUIPMENT INATTENTION CODES - A-NONE UNKNO VEHICLE L-AIR BAG DEPLOYED NIC BICYCLE-HELMET A-CELL PHONE HANDHELD B-UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER PASSENGER B-CELL PHONE HANDSFREE 1 2 3 1-DRIVER C-LAP BELT USED N•OTHER V-NO X.NO C•ELECTRONIC EQUIPWENT 2TOi PASSENGERS 0-LAP BELT NOT USED P.NOT REqUIRED W•YES Y•YES D-RADIO ICO 4 5 6 7-STN.WAGONRFAR E-SHOULDERHARNESSUSED CHAD RESTRAINT E-SMOKING F-SHOULDER HARNESS NOT USED F(Fc,TF'-•Wi PTiII�c F-EATING e-RR OCC.TFIK OR NOWN R IN VEHICLE NOT !-POSITION LINK NCWN G-LAP!SHOULDER HARNESS USED R.IN VEHICLE NOT USED 0•NOT EJECTED G-AEMALCHILDREN 7 0-OTHER II-LAPISHOULDER HARNESS NOT USED S•ElVE7ICLE USE UNKNOWN I-FULLY EJECTED H-N�iA1'S J-PASSIVE RESTRAINTUSED T-IN VEHICLE IMPROPER USE 2-PARTIALLYEIECTED I-PERSONAL HYGIENE R.PAWRVERESTRAINTNOTUSED U-HONE IN VEHICLE 3-UNKNOWN J•READING K•OTHER ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK("SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COWS/ON FACTOR TRAFFIC CONTROL DEVICES 1 2 3 SPECIAL INFORMATION 1 2 3 MOVEMENT PRECEDING UST HUIMHER OF PARTY AT FAULT COLLISION A VC SECTION VIO ATED Cates A CONTROLS FUNCTIONING A HAZARDOUS MATERIAL ,A STOPPED 1 22350 No B CONTROLS NOT FUNCTIONING B CELL PHONE HANDHELD IN USE ♦ ♦ B PROCEEDING STRAIGHT • B OTHER IMPROPER DRIVING: b CONTROLS OBSCURED C CELL PHONE HANOSFREE IN USE C RAN OFF ROAD • D NO CONTROLS PRESENI7FACTOR • • D CEU.PHONE NOT IN USE D MAIONG RIGHT TURN C OTHER THAN DRIVER TYPE OF COLLISION • E SCHOOL BUS RELATED E MAKING LEFT-WAN 0 UNKNOWN A HEAD-ON F 75 FT MOTORTRUCK COMBO F MAKING U TURN B SIDESWIPE 0 32 FT TRAILER COMBO 0 BACKING . WEATHER(MARK i TO Z ITEMS) -, C REAR END H H SLOWING:STOPPING ♦ A CLEAR D BROADSIDE ` I I PASSING OTHER VEHICLE B CLOUDY E HIT OBJECT J .J CHANGING LANES C BALING F OVERTURNED K K PARKING MANEUVER D SNOWING • G VEHICLE PEDESTRIAN L L ENTERING TRAFFIC FOGVVISIBILITY FT. OTHER: M M OTHER UNSAFE TURNING F OTHER`: MOTOR VEHICLE INVOLVED WITH E N N KING INTO OPPOSING LAN )G WIND �A NON-COWSION 0 0 PARKED LIGHTING B PEDESTRIAN - 1 2 3 OTHER ASSOCIATED FACTOR P MERGING •A DAYLIGHT C OTHER MOTOR VEHICLE (MARK I TO 2 ITEMS) _ CI TRAVELING WRONG WAY B DUSK-DAWN D MOTORVEHONOTHERROADWAY A YC SECTION NOLATEON: cap; R OTHER: C DARK-STREETLIGHTS E PARKED MOTOR VEHICLE , . 0 DARK-NO STREET LIGHTS F TRAIN 8 VC SECTION VIOLATION:cod , E DARK-STREET LIGHTS NOT ♦ 0 BICYCLE H ANU AL 1 2 3 SOBRIETY-DRUG FUNCTIONING C VC SECTION VIOLATION: Cmd ROADWAY SURFACE PHYSICAL •IA DRY - K 1 TO 2 mini I FIXED OBJECT: • ♦ A HAD NOT BEEN DRINKING- • B WET B HBD-UNDER INFLUENCE C SNOWY-ICY J OTHER OBJECT: EVISIONOBSCUREMENT - C HID-NOTUNDERINFLU' F INATTENTION': D SLIPPERY(MUDDY.OILY,ETC.) iO D H80-IMPAIRMENT INK.• ROADWAY CONDITIONS G STOP ENTERING IN - E UNDER DRUG INFLU. (MARK 1 TO 2 ITEMS) PEDESTRIANS ACTION H ENTERING l LFJIYING RAMP A NO PEDESTRIAN INVOLVED I PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL* A HOLES,DEEP RUTS ♦ 8 CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD G IMPAIRMENT HOT KNOWN B LOOSE MATERIAL ON RDWY AT INTERSECTION K DEFECTIVE VEIL EQUIP.: H NOT APPLICABLE C OBSTRUCTION ON ROADWAY C CROSSING IN CROSSWALK NOT CIteQ t I SLEEPY!FATIGUED D CONSTRUCTION-REPAIR ZONE AT INTERSECTION E REDUCED ROADWAY WIDTH D CROSSING-NOT IN CROSSWALK I.UNINVOLVED VEHICLE F FLOODED E IN ROAD-INCLUDES SHOULDER ,M OTHER*: G OTHER F NOT IN ROAD '• • N NONE APPARENT • N NO UNUSUAL CONDITIONS 4 G APPROACHILEAVIIG SCHOOL BUS - 0 RUNAWAY VEHICLE IIMMUNIEOX See Attached Sketch STATE OF CALIFORNIA INJURED/WITNESSES/PASSENGERS PAGE 3 OF 3 DATE OF COLLtaOTT EWE t:CIC MAIEER OFFICER EJ NULTBER 9/6/2016 1449 3300 4872 T162500098 • ENTREES PASSENGER ACE `- SEX EXTENT OF INJURY("X"ONE) INJURED WAS("X"ONE) IYIJLLBYYR WAS BAAa SAFETY EJECTED ONLY FATAL SEVERE OTHER COMPLAINT DRTYER PASS. PED. BICYCLIST OTHER INJURY BTJVRY VISIBLE ITU OF PALM 0n ❑ 14 M ❑ O. ❑ 0 ❑ ❑ ❑ 0 0 2 1 1 :AAE/D.OB/ADDRESS Tn_EPPOft MATTHEW JONAH STENZEL II NAMES MY,TRANSPO ATEA BY TAKER TO CDF Eisenhower Medical Center DEscNIBE B/A.'Ries Complaint of pain to right leg i j VNCIIU OF Y.OLEIT CRYJE NOTIFSO al ❑ 20 F I ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ I NAME/D.OB/ADDRESS TE;ET(DN ISABELLA NICOLE CLAYTON ,INJURED ONLYITRANSPORTED BY TAF..EIt TO OESCRIaE PIAJRI.S 11CT14•C 1CLTNT G2_S t:OFI:EA # 2 , ❑ F ❑ ❑ ❑ ❑ ❑ ❑ al ❑ 1❑ 1 RADEIO.OB/ADDRESS TELEPHONE HYLEEN BECERRA, INJURED D•V.YI TRANSPORTED BY TAY.EN TO OE SCR PEAR ES • 1RCTI/J OF VIOLENT CRC.S NOTIFIED ❑# ❑ ❑ ❑ ❑ D ❑ o LET ❑ I07 HALE/DOB t ADDRESS TELEPJVNE IINJUREO OYLYI TRANSPORTED BY TAKEN TO O_SCRIE ITTRIRES • NC"IL•OF VIOLENT CRO!E AOTIFCO ❑# ❑ ❑ ❑ ❑ ❑ .❑ :❑ 01 ❑ 101 t1ADE/00El/ADDRESS TELEPHONE (INJURED O•VLYI TRANSPORTED EY: TAKEN TO DESCRIES EIJ'JRSS 1 LYCTIL'.OF VIOLENT DACE/.'pTIFED ❑# ❑ ❑ ❑ DIED a_ ❑I ❑ _I❑ ] 1 11A11E/009 JADDRESS TELEFHONE TNAIRED ONLTI TRANSPORTED BY' TAKEN TO • ll_SCRIBE motes n VICTIM OF VIOLEUT CRU1E NOTIFEO PREPARER'SNARE IO EEJNBER NO OAT YEAR REVIEWER SRASE LW. CAT YEAR ROBERTSON,JOSHUA J 4872 9/6/2016 n`�.�%•I . 7 p9L1tG STATE OF C UFORNW DEPARTMENT OF CALIFORNIA HIGHWAY PATROL "FACTUAL DIAGRAM CHP 555 Page 4(Rev.4-11)OP(060 ; =' Page of DATE OF COUL510N M0. DAY YEAR) TW E(24OO NCIC a OFFICER(D. Nl1MSER 4 f G j, /YY 5 3z 407 Z (6 zcv oog8 ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED(SCALE_ ) • 03:. •ti INDICATE NORTH L\ ft 1 7( . .,---- e:.- '1/ a �.� • i r' r •. . . \ / c_G 7 s, 47 VJ 6- RREPARe)BY ID.NUMBER ma DAY YEAR REYIEY4ERS Roe 11)1+-•-•- • MO. DAY YEAR J•12 .Knc"% Y67Z VOL01 016 Anlntematlona AeAgency Cnp555 0411.pdf STATE OF CAUFORNIA OEPARTMENG OF CAUFORNIA HIGHWAY PATROL INJURED/WITNESS/PASSENGERS CHP 555 Page 3(Rev.4-11)OPI 060 OW Page a DATE OF COLLISION (MO. DAY YEAR) TDAE(2400) RCM a OFFICER LD. NUMBER • wr1TNEss PASSENGER EXTENT OF INJURY("X"ONE) INJURED WAS("X"ONE) PARTY „EAT JLTR ONLY ONLY AGE SEX DATUM SEVERE OTHER VISIBLE COMPLAINT INVMBER POE. SAG EQUIP. EtCTEOy URY _ R/JIMY D1.R/RY OF PAM DRIVER PASS. PEP. BICYCLIST OTHER Isou, ❑# ❑ _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME 10.08.(ADDRESS TELEPHONE INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ❑VICTIM OF VIOLENT CADS NOTIFIED ❑# ❑ , ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ " NAME/DAB.!ADDRESS TELEPHONE (IHJURFD ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES • ❑VICTIM OF%OLFNTCRMRE NOTIFIED a# ❑ 0 0 0 0 , ❑ ❑ ❑ ❑ L❑ — c Nahe/0.OB.IADDRESS TELEPHONE (AMJREO ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ❑VICTIM OF VIOtfl/T CRIME NOTIFIED _..- ❑# ❑ I ❑ 0 0 0 DIDEIDO t 1 NAME(00 B./ADDRESS - TELEPHONE MARRED ONLY)TRANSPORTED BY: TAKEN TO: DESCRRIE BNJURTS ❑ icm4 ofvIoLE(TCRIME ROWED ❑# ❑ El CI 0 ❑ ❑ ❑ ❑ ❑ 1 I HM1S/D.OB.IADORESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE MIRES 0 VICTPA OF VIOLENT DRC/E NOTIFIED ❑# 0 0 ❑ 0 0 ❑ ❑ ❑ ❑ ❑ 1 I NAME!ROB.(ADDRESS TELEPHONE (INURED CNLY)TRANSPORTED BY: TAKEN TO: DESCRIBE*NUNES ❑VIDni OF VIOLENT CRIME NOTIFIED PREPARERS RARE LD.HUMBER MO. DAY YEAR REVIELYERSNJJIE MO. DAY YEAR An Internationally Accredited Agency Chp555 ONT.pdf • STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL CHP 556(Rev 7-90)OPI 042 Date of Incident/Occurrence Tlme(2400) NCIC NUMBER OFFICER ID# NUMBER 09106116 1449 3300 4872 116 250 0098 I NOTIFICATION: 2 3 I was notified of this minor-injury traffic collision at 1449 hours. I responded from Gerald Ford Dr. and Fred 4 Portola Ave. in the City of Palm Desert, and arrived at 1453 hours. All times,speeds,and measurements are 5 approximate,measurements were obtained by vehicle and statements. 6 7 STATEMENTS: 8 9 Party#1 (P-1 Saveta Seni)said she was picking up her granddaughter when a boy on a bicycle came off the 10 sidewalk directly in front of her. P-1 said she never saw a stop sign or a crossing guard with a stop sign in the 11 cross walk. 12 13 Party#2(P-2 Matthew Stenzel) said he was riding on the sidewalk when the school crossing guard waved 14 him to cross the street. When he started to cross the street a car hit his front tire knocking him to the ground. I5 16 Witness#1 (W-1 Maria Navarro) was standing in the middle of the cross walk on Rutledge Ave.and Myrsine 17 Ave.stopping traffic for east and west traffic. W-I said while she was stopping traffic,she waved kids to start 18 crossing and boy on a bicycle(P-2) started crossing, when a silver car coming west continued driving through 19 the intersection without stopping. 20 21 Witness#2 (W-2 Isabella Clayton) was sitting in her car on Myrsine Ave. waiting to pick up her boyfriend's 22 little sister from school. While she was watching the intersection, she saw a crossing guard holding a stop 23 signstanding in the middle of Rutledge Ave. with her stop sign stopping traffic. W-2 said he saw a boy riding a 24 bicycle start to cross Rutledge Ave., when a silver car hit the boy on the bicycle knocking him to the ground. 25 26 Witness#3 (W-3 Hyleen Becerra)was walking on the sidewalk leaving the school. As she was walking, she 27 saw the crossing guard in the street with her stop sign up stopping cars. W-3 said she saw the boy(P-2) get hit 28 by the silver car. 29 30 SUMMARY: 31 32 P-I was traveling eastbound on Rutledge Ave. P-2 was in the cross walk going south across Rutledge Ave. 33 after the school crossing guard stopped east and westbound traffic. P-1 continued westbound on Rutledge Ave. 34 through the cross walk. 35 36 AREA OF IMPACT: 37 38 The area where this collision occurred was determined by the vehicle on scene and statements: 39 40 I I' south of the north prolongation of Rutledge Ave. AND 41 16' east of the west prolongation of Mrysine Ave. 42 43 44 _ 45 PREPARER'S NAME AND I.D.NUMBER DATE REVIEWER'S NAME DATE ROBERTSON 4872 -.4 - _ 061(5 f C • STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL CHP 556(Rev 7-90)OR 042 Date of Incident/Occurrence Tcne(2400) NCIC NUMBER OFFICER ID* NUMBER 09/06/16 1449 3300 4872 T16 250 0098 46 CAUSE: 47 Party#1 (Seni) caused this collision by being in violation of California Vehicle Code Section 22350 VC-"No 48 person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard 49 for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which 50 endangers the safety of persons or property." 51 52 RECOMMENDATIONS: 53 Based on the statements from P-1 of not seeing the crossing guard in the street stopping traffic. I sent P-l's 54 information to California DMV for a Priority Re-Examination. 55 PREPARER'S NAME AND ID.NUMBER DATE ` REVIEWERS NAME _ DATE ROBERTSON 4872 •r'•.'r' °(i.}[( • ` INCIDENT REPORT DATE PREPARED: 090816 RIVERSIDE COUNTY SIIfERIFl CA0330000 ®INITIAL ❑SUPPLEMENTAL I FILE NU1(BER 2.DATUnME REPORTED 3.DATE/TIME ASSIGNED 4.DATE/TIME LW.START 5.DATE/1181E INV.TERM 6.ADULT ARE 73UV ARR. T16 250 0098 090616/1449 . 090616/1449 090616/1453 090616/1646 0 0 1 OFFENSES-CODE SECTION CRIME ' COUNTS o.EDP CODE 1181 VC Minor injury traffic collision I I8.14M 10 OFFENSES-CODE SECTTON CRIME COL'\TS 11 EDP CODE 12.OFFENSES-CODE SECTION CRIME COUNTS 13.EDP CODE l4.LOCATION OF OCCURRENCE IS REP DIST 16.000URRED ON- DATE/TINIV 17 OR BETWEEN DATE•T1SIE Rutledge Dr and Myrsine Ave Palm Desert 36L4 090616 1449 ' IS BUSINESS NAME 19.BUSINESS PI 20.CASE STATUS/CLEARANCE ' N/A EXC VICTIM-REPORTING PARTY-WITNESS-OTHERS: 0 SEE ADDITIONAL PERSONS REPORT 2L 124VL "N.UIE(Luc Firer-Middle) 2.3 SEX 24 RACE 25 DOB 26.AGE' 27.14T 2S.NVr 29.HAIR 30.EYES 31.SKIN I 32.RESIDENCE ADDRESS CITY ZIP '33.RES.PHONE -34.BUSINESS ADDRESS CITY LIP 35 BUS.PHONE 36..12.11. 37.NAME(Lasc Fine Middle) 38 SEX 39 RACE 40 DOB 41.AGE 42.111 43.AAT 44.IIAIR 4S.EYES'46.SKIN 47 RESIDENCE ADDRESS CITY ZIP 48.RES.PHONE 49.BUSINESS ADDRESS CITY l ZIP 50.BUS.PHONE SUSPECT: 0 ADULT ❑JUVENILE 0 PAROLE ❑PROBATION 0 SEE ADDITIONAL PERSONS REPORT []ARRESTED S1.SUS% 51 NAME(Lase First.Middle) 53.SEX 154.RACE 55.DOB 56.AGE ' 51.HT 58.WT 59.HAIR 50 EVES EL SKIN 62.DRIVER'S LICENSE NUN IBER(ID NUMBER 63.STATE 64 SOCIAL SECURITY NUMBER 65.MN!NUMBER ' 66 CII NUNIBEK I 67.RESIDENCE ADDRESS CITY ZIP 68.RES PHONE 69.BUSINESS ADDRESS ' CITY ZIP 70.BUS.PHONE - 71. JUVENILE DISPOSITION 0 OTHER JURIES. 0 JUV.CRT.PROB. ❑WITHIN DEPT. 0 DETAINED ❑NOT DETAINED 77. GANG DATA 73. TATTOOS/SCARS/MARKS/CLOTHING DESCRIPTION GANG NAME(S): ❑Member ❑Associate ❑Self Admit. ❑Prior Knowledge TATTOOS/SCARS/MARKS • ❑Facc❑Neck 0 R.Arm 0 L.Arm 0 Hands❑Torso 0 Back❑Legs VEHICLE: ❑ REFER TO CHP 180 FORM FOR STOLEN, RECOVERED,TOWED OR IMPOUNDED 74.INVL', 75.LICENSE 76.STATE 77 YEAR 7S.MAKE 79 MODEL 50.BODY STYLE 21.STTFY RCY AUTO VALUE AZ S 82.COLOWCOLOR S3.V1N is 54 OTIIER IDENTIFIERS S5 DISPOSITION OF VEI IICLE 16.REGISTERED OWNER ' 17.ADDRESS CITY STATE ZIP SR PHONE 19.DAMAGED PROPERTY VALUE 1 0 PROPERTY REPORT ATTACHED FOR STOLEN.RECOVERED OR DAMAGED PROPERTY S REPORTING OFFICER OFF 713 REVIEWED DV.DATE ENTERED BY•DATE ENTERED BY.•DATE Robertson 4872 - •'1}!o:4' D Cl e r1,tie COPIES TO. 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