HomeMy WebLinkAboutClaim 780 - W. IngramREQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
CLAIM AGAINST THE CITY (#780) BY WALTER INGRAM IN EXCESS OF
$7, 500, 000
Rachelle Klassen, City Clerk
December 8, 2016
• Staff Report
• Recommendations of Claims Adjusters and Staff
• Claim No. 780
By Minute Motion, reject the Claim and direct the City Clerk to so notify the
Claimant.
Strategic Plan Obiective
This request represents routine conduct of municipal affairs; there is no specific Strategic Plan
Goal associated.
Backaround
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 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:
rd k
Attachments (as noted)
Approved:
Lauri Aylaian, City Manager
C.ARL WARREN & CONUIPkNl'
Claims Management and Solutions
November 1, 2016
TO: City of Palm Desert
ATTENTION: Rachelle Klassen
RE: Claim
Claimant
Member
Date Rec'd by Mbr
Date of Event
CW File Number
Ingram vs. Palm Desert
Walter Ingram
City of Palm Desert
10/28/ 16
4/30/16
1951167 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.
Ti,4� M . V a rO-w
Timothy M. Varon
Claims Specialist
AN EMPLOYEE -OWNED COMPANY
770 S. Placentia Avenue i Placentia. CA 92870
P O. Box 25180 i Santa Ana CA 92799-5180
www.carlwarren.com i Tel:714-572-5200 1 800-572-6900 i Fax: 866-254-4423
CA License No 2607296
X
CARL AVARRLN & COINIRVNNY
Claims Management and So4,tions
November 1, 2016
Pierry Law Firm
Attn: Joseph P. Pierry, Esq.
249 E. Ocean Blvd., Ste. 600
Long Beach, CA 90802
RE: Claim
Claimant
Member
Date Rec'd by Mbr
Date of Event
CW File Number
Ingram vs. Palm Desert
Walter Ingram
City of Palm Desert
10/28/16
4/30/16
1951167 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,
Ti V_0f 4 M. Vowo-vw
Timothy M. Varon
Claims Examiner
657-622-4287
cc: Member Agency: City of Palm Desert, attn:Rachelle Klassen
An Employee -Owned Company
770 S. Placentia Avenue I Placentia, CA 92870
Tel: 800-572-6900 1 Direct: 714-572-5200 ! Fax: 866-254-4423 1 www.cariwarren.corn
CA License I'lo: 2607296
LJJJ m
CARL «'ARRLN & COMPANY
Claims Management antl Solutions
November 1, 2016
The Law Offices of Paul F. Cohen
Attn: Joshua C. Cohen
4929 Wilshire Blvd., Ste. 410
Los Angeles, CA 90010
RE: Claim
Claimant
Member
Date Rec'd by Mbr
Date of Event
CW File Number
Ingram vs. Palm Desert
Walter Ingram
City of Palm Desert
10/28/ 16
4/30/16
1951167 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.
T'L4� M. Va-0- v
Timothy M. Varon
Claims Examiner
657-622-4287
cc: Member Agency: City of Palm Desert, attn:Rachelle Klassen
An Employee -Owned Company
770 S. Placentia Avenue I Placentia, CA 92870
Tel: 800-572-6900 1 Direct: 714-572-52.00 j Fax: 866-254-4423 ; ,v°4vw.c,�rivvarren.com
CA Licer:se No: 2607296
I I T Y 01 PRIM UESERi
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-x578
TEL: 760 346—o6ii
in roC7 6 cyofpalmdcsvrt.org
TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY,
DIRECTOR OF PUBLIC WORKS, RISK MANAGER
FROM: CITY CLERK
DATE: OCTOBER 28, 2016
SUBJECT: CLAIM NO. 780 - CLAIM AGAINST THE CITY BY WALTER INGRAM IN
EXCESS OF $7,500,000
The attached Claim No. 780 (one signed, one unsigned) 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 November 28, 2016, for timely response
to the Claimant.
Note: If you have any information relevant to the Claim and/or the incident giving rise to
it, please forward it to me so that I may provide it to the City's third -party Claims
Administrators, Carl Warren & Company.
Attachments (as noted)
C � tkv16 C. tt[Ff:ii t,ttt
CITY OF PALM DESERT,
ASSIGNED CLAIM NO. _.
1 Joseph P. Pierry, Esq. (State Bar #136774)
PIERRY LAW FIRM
2 249 East Ocean Boulevard, Suite 600
CD
Long Beach, CA 90802
3 Tel: (562) 256-2486
C lb
Fax: (562) 256-2485
4
l
Joshua C. Cohen (State Bar #257960)
5 THE LAW OFFICES OF PAUL F. COHEN
4929 Wilshire Blvd., Suite 410
6 Los Angeles, CA 90010
Tel: (323) 937-7105
7 Fax: (323) 937-0958
l
8
Attorneys for Claimant
9
10 WALTER INGRAM,
11 Claimant,
12 vs.
13 COUNTY OF RIVERSIDE,
14 Respondent.
15
16
17 TO: COUNTY OF RIVERSIDE:
18
CLAIM FOR PERSONAL INJURIES
(Section§ 910 of the Government
Code)
19 YOU ARE HEREBY NOTIFIED that Walter Ingram, whose address is
20
21 claims damages from the COUNTY OF RIVERSIDE, in the amount of,
22 computed as of the date of presentation of this claim in excess of $7,500,000.00 (Seven Million
23 Five Hundred Dollars).
24 This claim is based on personal injuries sustained by Claimant on or about April 30, 2016
25 at approximately 7:00 a.m., in the vicinity of the bicycle lane adjacent to the intersection of
26 Tamarisk Row Dr. and Regency Way, in the City of Palm Desert, County of Riverside, State of
27 California.
28
1
CLAIM FOR PERSONAL INJURIES (Section§ 910 of the Government Code)
I Claimant, Walter Ingram, was exiting on his bicycle from the bicycle lane, when the wheel
2 of his bicycle caught a defect between the concrete edge of the roadway and asphalt and caused
3 him to fall, causing severe injuries as he will set forth herein. Upon information and belief, that
4 section of roadway is owned, operated, controlled and maintained by the County of Riverside.
5 Claimant's accident and injuries were caused by the negligence and carelessness of the
6 COUNTY OF RIVERSIDE, and its agents and employees who failed to adequately and properly
7 maintain, design, repair, inspect, construct, control the public property' in a safe condition
8 according to applicable standards and good engineering practice; failure to construct the roadway
9 according to the design plans; failed to keep unsafe areas posted with warning devices; failed to
10 have competent supervisory personnel to inspect for any dangerous conditions; failed to hire and/or
11 supervise competent contractors; failed to have an adequate safety system or measures in place;
12 created and/or allowed a dangerous condition to exist on said public property, including, but not
13 limited to unsafe and dangerous roadway surfaces, roadway surfaces that were unsafe and
14 dangerous for bicyclists, the failure to provide an adequate driveway from the roadway based upon
15 applicable standards; failed to perform the required engineering inspections based upon accident
16 history; failed to provide and/or properly and adequately design, install, inspect, maintain, repair
17 traffic and/or warning signals, signs, markings, and/or devices; failed to provide and/or properly
18 and adequately design, install, inspect, maintain, repair adequate lighting; failed to comply with
19 various mandatory duties, including but not limited to City Bicycle Plans and Caltrans Highway
20 Design Manual; failed to properly stripe the roadway; failure to provide for bicyclists, including
21 the failure to provide an adequate bicycle lane. (Government Code, §§815, 815.4, 815.6, 830, 830.8,
22 835, 835). The COUNTY OF RIVERSIDE and its agents, employees and/or joint ventures knew
23 or should have known of the existence of the dangerous conditions on said public property well
24 prior to the happenings of Claimant's accident and failed to warn of said dangerous conditions.
25
26
' "Public Property' as used herein includes but is not limited to Tamarisk Row Dr., all shoulders
27
28 and recovery areas, all adjacent areas including embankments, medians, recovery zones, curbing,
roadway surfaces, traffic control devices, etc.
2
CLAIM FOR PERSONAL INJURIES (Section§ 910 of the Government Code)
I
The injuries sustained by Claimant Walter Ingram, as far as known, as of the date of
2
presentation of this claim are severe, and include nerve, hand and eye damage, broken teeth,
3
scarring of the skin on the face, legs, hands, and legs;
pain in the shoulder and hip; and
4
psychological damage.
5
The amount claimed, as of the date of presentation of this claim, is computed as follows:
6
Estimated Damages incurred to date:
7
Expenses for medical and hospital care -
Unascertained
8
Loss of Earnings/Support -
Unknown
9
Special Damages
10
(Estimated to be in excess of) -
$1,000,000.00
11
General Damages (in excess of) -
$1,500,000.00
12
Total Damages Incurred to Date
13
(in excess of) -
$2,500,000.00
14
15
Estimated nrosaective damages as far as known
16
Future expenses for medical and hospital care
- Unascertained
17
Future Loss of Earnings -
Unknown
18
Special Damages
19
(Estimated to be in excess of) -
$2,500,000.00
20
Prospective General Damages (in excess of) -
$2,500,000.00
21
Total estimated prospective damages
22
(in excess of) -
$5,000,000.00
23
24
Total Amount Claimed as of date of
25
presentation of this claim
26
(Estimated to be in excess of) -
$7,500,000.00
27
28
3
CLAIM FOR PERSONAL INJURIES (Section§ 910 of the Government Code)
I All notices or other communications with regard to this claim should be sent to claimant at:
2 PIERRY LAW FIRM, 249 East Ocean Boulevard, Suite 600, Long Beach, CA 90802 and THE
3 LAW OFFICES OF PAUL F. COHEN, 4929 Wilshire Blvd., Suite 410, Los Angeles, CA 90010.
4
5 Date: October 27, 2016
6 THE LAW OFFICES OF PAUL F. COHEN
7
8
O A C. COHEN, ESQ.
9 omeys for Claimant
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
CLAIM FOR PERSONAL INJURIES (Section§ 910 of the Government Code)
From: (323)937-7105 Origin ID: JBPA
JOSHUAC.COHEN FedRa.
LAW OFFICES OF PAUL F. COHEN Expm
4929 WILSHIRE BLVD STE 410
LOS ANGELES, CA- 90010
SDG 9i
TO: (760)346-0611 Bill Sander
CITY HALL
73510 FRED WARING DRIVE
PALM DESERT, CA - 92260
Ship Date: 270CT16
Actual Wgt: 100 LB MAN-WGT
System#: 1030892611W S062010
Account#: S "--'1611
Delivery Address Bar Code
STANDARD OVERNIGHT FRI
Deliver By
TRK# 7844 8185 1915 FORM 28OCT16
ONT A5
92260 -ca-us WM PSPA