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Home My WebLink AboutClaim 765 - R.L. KirtonREQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT CLAIM AGAINST THE CITY (#765) BY ROBERT L. KIRTON IN AN UNSPECIFIED AMOUNT Rachelle Klassen, City Clerk January 14, 2016 • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 765 By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 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(b), potential litigation. Fiscal Analvsis 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: 4RaceD. Krassen, MMC, ity Clerk rdk / Attachments (as noted) M. Wohlmuth, City Manager P.a[ �j 1)[ [R1, 1(,%1AI-ORN1A y „brr— 57S TEL: 760 346—O6I i f}ulnicl� .er: rrr`: TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER; CITY ATTORNEY; RISK MANAGER FROM: CITY CLERK DATE: DECEMBER 10, 2015 SUBJECT: -,.CLAIM NO. 765 - CLAIM AGAINST THE CITY BY ROBERT L. KIRTON IN AN UNSPECIFIED AMOUNT The attached Claim No. 765 is being transmitted to you for the following: ❑ Information only. or Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by January 11, 2016, for timely response to the Claimant. Notes: Attached for your reference is "A Cooperative Agreement To Provide Fire Protection, Fire Prevention, Rescue, and Medical Emergency Services for the City of Palm Desert - City Contract No. C32750" between the County of Riverside and the City of Palm Desert that is related to the incident giving rise to this Claim. RACHELLE D. KLAS N, M _,/ CITY CLERK ��/C �� 4V Attachments (as noted) 'Fe" --- c p w vV, X/W/o CARL INAIMEN & C0111'ANV Cl .r�is M,111aCement and Solutions December 10, 2015 TO: City of Palm Desert ATTENTION: Rachelle D. Klassen, MMC, City Clerk RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Kirton v. Palm Desert Robert L. Kirton City of Palm Desert 12/10/15 7/25/ 15 1927319 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 supervisor. Very truly yours CARL WARREN & COMPANY R U4%4wd, D. Marques Richard D. Marque Supervisor AN EMPLOYEE -OWNED COMPANY ..a ��:_� CART.1VA11REN & COMPANY Claims Management and SO corns December 14, 2015 County of Riverside Risk Management Division Human Resources Department P.O. Box 1210 Riverside, CA 92502-1210 Attention: Lari Camarra RE: Principal Member City D/Event Claimant Our File Dear Ms. Camarra: CJPIA City of Palm Desert 7/25/ 15 Robert Kirton 1927319 TVQ As you know, we are the Claims Administrator for the City of Palm Desert and we are investigating the above captioned matter. It is alleged that Riverside County Fire Department Paramedics / EMTs responded to a call that the Claimant, Robert Kirton made pertaining to his wife, Ruby Kirton, wherein Mrs. Kirton was suffering from a stroke. Mr. Kirton contends that the Paramedics / EMTs that responded were extremely disorganized and negligent, and failed to strap Mrs. Kirton onto the gurney wherein she severely hit her head on the door frame of her residence while being evacuated. As this loss falls within the fire prevention, fire protection, rescue and medical emergency services agreement between the City of Palm Desert and the County of Riverside, we are hereby tendering this claim and the defense of the City of Palm Desert to the County of Riverside. Upon your review of the attached information, we request written confirmation be received as to your acceptance of our tender of defense. Please also advise who will be defending the City in this matter. Should you have any questions or should you wish to discuss this matter further, please feel free to contact our office. Very Truly Yours, An Employee -Owned Company 770 S. Placentia Avenue I Placentia, CA 92870 Tel: 800-572-6900 1 Direct: 714-571 >200 1 Fax: 866-254--+423 wvrev.carlwarrc n.eom CA CARL WARREN & CO. Ti 4� M. Varo-w Timothy M. Varon Claims Examiner Enc: Copy of Claim Cc: City of Palm Desert, attn:Rachelle Klassen Carl Vlarien & Company I Claims Management and Solutions CITY OF PALM DES-�EJRT CLAIM AGAINST THE CITY OF PALM DESERT ASSIGNED CLAIM N0. ^�1 (For Damage(s) to Person(s) or Personal Property) 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: 1. CLAIMANT INFORMATION: NAME --P 51G �L K"A WT0 N ADDRESS _ PHONE NO: OF BIRTH. SOCIAL SECURITY NO 9 - DRIVER'S LICENSE NO. 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: 3. Occurrence or event from which the claim arises: a. DATE:_ZS_tS b. TIME:'4--3T AM c. PLACE (exact and specific location'T - �k2V Q�♦T C t R-Cl,Q C�Si— P4-� �G- S ECL'�' G �4 cC Z_atkjOl 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.) 43EI, UW M t'T' Ac e. What particular action by the City, or its employees, caused the alleged damage or injury? P/'ceA t'1G QtC} 1 N .4 V "V V1/ 1 F 1s Page 1 of 2 h£ :01 WV 01 330 9W 3 a3SM N1Yd 301130 S,NL310 1_l� 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": VA& I ACbia VPc C-V Q U t4 Org-M 7 -M"1 t ^16 D 5. Give the name(s) of the City employee(s) causing the damage or injury: PA%Lk J 6D1G!) 6. Name and address of any other person(s) injured: 7. Name and address of the owner of any damaged property: 8. Damages claimed: a. Amount claimed as of this date: $ ur-4 1) q T%9 j'LrM� E c> b. Estimated amount of future costs: $ V M VQ- Pi%-e I, I Pi Z7 c. Total amount claimed: $ LJ Al OG �c CL" I IJ N d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. 10. Names and addresses of all witnesses, hospitals, doctors, etc.: _¢ o 13,27 �T lL-� �tTa T-i Any additional information, including police reports, which might be helpful in considering this claim: SEE EXIA I% CT- A WARNING:IT 15 A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (PENAL CODE 72; INSURANCE CODE 556.0. 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. d this *+ y f GY 8 g?,20�, atSIGN TU E OF-CL�10M SIGNATURE OF CLAIMANT Office of the City Clerk, Palm Desert, California Page 2 of 2 DOC. NO. JCZ DATE FILED a- (o - ( 5 Exhibit A On July 25th, 2015 my wife Ruby Kirton got up early, put on her bathing suit and prepared to go to the community pool for her daily exercise routine. In the bathroom she called to me for assistance. She began to experience weakness on her right side. I assisted her as she WALKED to the front room and I immediately called 911 for assistance. The paramedics arrived 4 or 5 of them.They were hurried, disorganized and careless. They did not strap my wife to the gurney. They had her in a upright position. As they hurriedly exited thru the front door they turned left abruptly and lost control of my wife. She came off the gurney and violently struck her forehead on the right side of the front door frame. At the emergency room the paramedics DID NOT tell the staff they injured her. The staff repeatedly asked if she fell which she denied. My wife had a surgical appliance in her back at the time of this incident. She had a massive stroke and suffered terribly for 5 weeks until her death on September 2nd, 2015. The family has repeatedly requested the MEDICAL CARE REPORT which tells of this incident . County of Riverside Fire refuses to provide the proper documentation. The severe head and back trauma from their carlessness worsened her condition and caused enormous pain and suffering. Please direct any communication or correspondence to my son David Kirton - Riverside County Fire Department incident # 15-carry 083712 Incident occurred 7/25/15 at 7*45 AM approximate time Location of incident - Azurite Circle East, Palm Desert, CA 92260 Robert L. Kirton 'Y