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HomeMy WebLinkAboutClaim 769 - E.OchalekREQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT CLAIM AGAINST THE CITY (#769) BY EUGENE OCHALEK IN AN UNSPECIFIED AMOUNT Rachelle Klassen, City Clerk March 10, 2016 • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 769 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: Rachelle D. Klassen, MMC, ity Clerk rd k Attachments (as noted) Appfr�ved: J n M. Wohlmuth, City Manager CARL NVARREN & COMI-)ANY Claims Management and Solutions February 15, 2016 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 Dear Rachelle: Ochalek v. Palm Desert Eugene Ochalek City of Palm Desert 2/11/16 8/14/15 1931057 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's attorney, Neil S. Steiner at Steiner & Libo, APC, in Beverly Hills, Ca. 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 RU4--&r& D. Margtx� Richard D. Marque Supervisor AN EMPLOYEE -OWNED COMPANY 770 S Placentia Avenue i Placentia, CA 92870 P O Box 25180 1 Santa Ana, CA 92799-5180 www.carlwarren com i Tel 714-572-5200 1 800-572-6900 1 Fax 866-254-4423 CA License No 2607296 Page 2 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA COUNTY OF I am employed in the county aforesaid, State of California. I am over the age of eighteen years and not a parry to the within cause or claim; my business address is: On , 20� I served the within [name of document; e.g.: "Rejection of Claim"], presented to (name of Public Entity) (Claim No. ) by placing a true copy, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at (city) , California, addressed as follows: [name and address of claimant. or claimant's attorney_ ] [address on letter] I declare under penalty of perjury that the foregoing is true and correct. Executed on (date) , at (city) . California [Type or print name] [Signature] Klassen, Rachelle From: Marque, Richard <rmarque@carlwarren.com> Sent: Monday, February 15, 2016 11:53 AM To: Klassen, Rachelle Cc: White, Steve Subject: Ochalek v. City of Palm Desert 1931057 Attachments: Claim Rejection Recommendation.docx Hi Rachelle: Please see the attached recommendation letter re the above matter. Should you have any questions, please feel free to contact me. As always, thank you and I hope that you are doing well. Richard Marque I Account Supervisor Carl Warren & Company I Employee -Owned 11840 Pierce Street, Suite 100, Riverside, CA 92505 Office: 657-622-4284 www.carlwarren.com This e-mail and any files transmitted with it are intended solely for the use of the individual or entity to which they are addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you have received this e-mail in error, please contact the sender and delete the material from your computer. Please note that any view or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Carl Warren & Company (CWC) and/or its subsidiaries. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. CWC accepts no liability for any damage caused by any virus transmitted by this e- mail. Klassen, Rachelle From: Greenwood, Mark Sent: Monday, February 29, 2016 12:00 PM To: Klassen, Rachelle Subject: RE: Claim Against City of Palm Desert by Ochalek, Eugene (City File #769) I concur. Mark Greenwood, P.E. Director of Public Works City of Palm Desert From: Klassen, Rachelle Sent: Monday, February 29, 2016 11:59 AM To: Aryan, Stephen; Robert W. Hargreaves (Robert. Harareaves(&bbklaw.com); Greenwood, Mark Subject: FW: Claim Against City of Palm Desert by Ochalek, Eugene (City File #769) Importance: High Carl Warren & Co. has recommended rejection of the subject claim. Do you concur? If so, I will place on the March 10 agenda for formal action by the City Council. Can you let me know by the end of the day today? Thanks! Rachelle From: Klassen, Rachelle Sent: Friday, February 12, 2016 8:52 AM To: oublicentitvclaims(dcarlwarren.com; Aryan, Stephen; Robert W. Hargreaves(Robert.Haroreaves(d)bbklaw.com); Greenwood, Mark Subject: Claim Against City of Palm Desert by Ochalek, Eugene (City File #769) A copy of the subject Claim Against the City of Palm Desert by Eugene Ochalek is attached for your information and/or appropriate action. Please let me know if there is any further assistance my office may provide in this matter. Note: Also attached to this document is a copy of the City's contract with Granite Construction Company for the "Town Center Way Resurfacing Project," which I believe to be related to the incident giving rise to said Claim. JZaCheU,e/f). Kla�, MMC City Clerk, City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260-2578 PH: (760) 346-0611, Ext. 304 Fax: (760) 340-0574 e-mail: rklassenPcitvofpalmdesert.orp, 1 Klassen, Rachelle From: Robert Hargreaves <Robert.Hargreaves@bbklaw.com> Sent: Monday, February 29, 2016 12:11 PM To: Klassen, Rachelle; Aryan, Stephen; Greenwood, Mark Subject: RE: Claim Against City of Palm Desert by Ochalek, Eugene (City File #769) I concur; we may want to let Granite know there's a potential claim out there. From: rklassen(&CitvofDalmdesert.ora, fmaiIto: rklassen(dcitvofoaImdesert.ora] Sent: Monday, February 29, 2016 11:59 AM To: sarvan@)citvofDalmdesert.orq; Robert Hargreaves; mareenwood(dcitvofDalmdesert.ora Subject: FW: Claim Against City of Palm Desert by Ochalek, Eugene (City File #769) Importance: High Carl Warren & Co. has recommended rejection of the subject claim. Do you concur? If so, I will place on the March 10 agenda for formal action by the City Council. Can you let me know by the end of the day today? Thanks! Rachelle From: Klassen, Rachelle Sent: Friday, February 12, 2016 8:52 AM To: DublicentitvclaimsCabcarlwarren.com; Aryan, Stephen; Robert W. Hargreaves(Robert.Harareaves(&bbklaw.com); Greenwood, Mark Subject: Claim Against City of Palm Desert by Ochalek, Eugene (City File #769) A copy of the subject Claim Against the City of Palm Desert by Eugene Ochalek is attached for your information and/or appropriate action. Please let me know if there is any further assistance my office may provide in this matter. Note: Also attached to this document is a copy of the City's contract with Granite Construction Company for the "Town Center Way Resurfacing Project," which I believe to be related to the incident giving rise to said Claim. 2achelz&a KLCLI , MMC City Clerk, City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260-2578 PH: (760) 346-0611, Ext. 304 Fax: (760) 340-0574 e-mail: rklassen@citvofpalmdesert.org This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. CITY Of P 0 1 M 0ESERi 73-5Io FRED WAR ING DRIVE PALM DESERT, CALIFORNIA 9226o-2578 TEL:760 346-o6i>< info Ca c rtpofpalmdecert.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: FEBRUARY 12, 2016 SUBJECT: CLAIM NO. 769 - CLAIM AGAINST THE CITY BY EUGENE OCHALEK IN AN UNSPECIFIED AMOUNT The attached Claim No. 769 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 March 14, 2016, for timely response to the Claimant. Note: Attached for your reference is a copy of City Contract No. C34340 with Granite Construction Company - "Town Center Way Resurfacing Project (Project No. 620-15)," which is related to the incident giving rise to this Claim. RACHELLE D. KLASSEN, MMC CITY CLERK Attachments (as noted) TELEPHONE (310) 273-7778 FAX (310) 273 7679 STE 1 ilE R & LiBo CITE! C.- P 1141 D;SERT. PROFESSIONAL CORPORATION AS1-d.�:I,,L.7 CLyllA ).J. .433 NORTH CAMDEN DRIVE. SUITE 730 6fVULY HILLS, CflLlfOQnlfl 90210-4411 February 9, 2016 Via U.S. Mail -Certified Mail Return Receipt Requested The City Clerk City of Palm Desert 73-510 Fred -Waring Drive Palm Desert, Ca 92260 Attention: Claims Re: Our Client/Claimant: Eugene Ochalek Date of Accident: August 14, 2015 Dear City Clerk/Claims Section: r%2 0 o -0=� rr > -� r c �r-M rn �o m cn 7K .— = 7O CA N .5, 0 N m The undersigned represents Eugene Ochalek with respect to a claim against the City of Palm Desert as a result of an incident on the above referenced date. Enclosed please find original and two (2) copies of Claim form against the City of Palm Desert. Please file the original and return conformed copies dated and stamped in the self- addressed stamped envelope provided for your convenience. signed. All further communication and correspondence should be directed solely to the under- Thank you for your anticipated courtesy and cooperation in this matter. Ve truly yours, 1� S. STEINER NSS:im Enclosures cc: Eugene Ochalek CITY RECEIVED CITY OF PALM DESERT PALM DESERT. c�GNEDCLAIM NO. -I I_ CLAIM AGAINST THE CITY OF PALM DESERT l (For Darnage(s) to Person(s) or Personal Property) 2016 FEB I I pH 12: 02 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: All communications are to be directed to claimant's attorney: Neil S. Steiner, Esq., Steiner & Libo, Professional Corporation, 433 N Camden Drive, 1. CLAIMANT INFORMATION: Suite 730, Beverly Hills, CA 90210, (310) 273-7778 NAME Eugene Ochalek ADDRESS PHONE NO. l 1T DATE OF BIRTH: SOCIAL SECURITY NO. DRIVER'S LICENSE NO. none 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: Neil S. Steiner, Esq., Steiner & Libo, Professional Corporation, 433 N. Camden Drive, Suite 730 Beverly Hills, CA 90210, (310) 273-7778 Occurrence or event from which the claim arises: a. DATE: August 14, 2015 b. TIME: Appx. 10:00 a.m. c. PLACE (exact and specific location) Town Center Way in the City of Palm Desert, appx. 1 /2 mile south of the intersection with Fred Warinp Drive 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.) Claimant was riding a bicycle on a bike path when a parked construction truck (that appeared to be doing work for the City or County) forced him into the street. The street surface was uneven, broken and consisted of loose materials_ The broken and uneven surface and loose materials, which claimant could not sec_ caused i1rz*n,\rG h - :nj.:.,.Th-cewc;eU,.t. n.Q , o ngerous wVlld Vu „<<L,. 1—d. e. V4' ,4 %pH6'4Mo dRif6h by the City, or its employees, caused the alleged damage or injury? The city allowed a dangerous condition of its property to exist that would cause injury to bicyclist. Also, the city failed to nost warnines of the dangerous condition. Page I 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": Claimant suffered and will continue to suffer physical injury to his entire person, body, nervous system, including a fractured hip, and dental injuries and emotional injuries as well as medical bills tar exceeding the Superior Court unlimited civil case jurisdiction. 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: Claimant. 8. Damages claimed: a. Amount claimed as of this date: $ In an amount far exceeding the Superior Court unlimited civil b. Estimated amount of future costs: $ case jurisdiction. c. Total amount claimed: $ d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): Medical bills, pain and suffering, emotional injury and medical expenses. 9. Names and addresses of all witnesses, hospitals, doctors, etc.: Claimant; ManorCare Health Services -Palm Desert, 7 350 Country Club Dr., Paim uesen , t-,A yccou, iou-_i,4i-uco L; Eisenhower Medical Center, 39000 Bob Hope Dr, Rancho Mirage, CA 92270, 760-340-3911; Desert Crossing Dental, 72-333 Hwv 1 11. Ste B. Palm Desert. CA 92260. 760-674-9666 10. Any additional information, including police reports, which might be helpful in considering this claim: Unknown at this time. 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 foregoin is TR E AND CORRECT. S' n d this 4�_ G day of �C. N >^ G•�, 20 � at �- 1 SIG P-teui E"dF C A[ T' torneyeil r, Esq. Office of the City Clerk, aim Desert, California Page 2 of 2 SIGNATURE OF CLAIMANT DOC. NO. -1 �v DATE FILED ;J R f L z ^.IT Y CLERK:: O t L v, DALM OESI-I - fi c 2016 FEB I I PM 12: 02 n s — a z p n � > b Z M , r A O � D a N r ZO N b � W C P Ln r� 0 ii ru Ql o y ro n H o t ,i r r iv w p- a i i rr N I t7 m tj N n w rr 0 p o N- Ln p- O (D m M rr L✓ (D 'Tl Ln I-j (D n w c r f2, l ► L� = n I El (D to ►-� n sy n� tlX' _— N %,o �:5 N LQ (D FI First Class Mail N rr CornSaSPrice _ er 3 0 o UP11T� - m � m m V" VN