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Home My WebLink AboutClaim 781 - K. CarlisleREQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT CLAIM AGAINST THE CITY (#781) BY KATHY CARLISLE IN THE AMOUNT OF $20,000 Rachelle Klassen, City Clerk December 8, 2016 • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 781 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. Approved: Lauri Aylaian, City Manager Attachments (as noted) Z/N/0 CALL 18"ARREIN & COMPANY Claims Management and Solutions November 8, 2016 TO: City of Palm Desert ATTENTION: Rachelle Klassen RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Carlisle vs. Palm Desert Kathy Carlisle City of Palm Desert 11/4/16 6/24/ 16 1951424 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. Varo-w Timothy M. Varon Claims Specialist 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 ACE • CARL WARREN & COMPANX Claims Management and Solutions November 8, 2016 Kathy Carlisle 45430 Garden Square Palm Desert, CA 92260 Claim Claimant Member City Date Rcv'd D/Event Our File Dear Ms. Carlisle: Carlisle vs. Palm Desert Kathy Carlisle Palm Desert 11/4/16 6/24/ 16 1951424 TVQ Please be advised that the City of Palm Desert does not own, maintain, or control the sewer valve cover that caused your injury. The sewer valve cover in question is owned, maintained, and controlled by Coachella Valley Water District. Coachella Valley Water District is privately insured for any damages their property causes. We have notified Coachella Valley Water District of your claim. You may contact them directly at P.O. Box 1058, Coachella, CA 92236, 760-391-9600. Please confirm receipt of this notification by signing the acknowledgement block below and returning it to the undersigned. Very Truly Yours, CARL WARREN & CO. T4' woIIAAj M. Varo-w Timothy M. Varon Claims Examiner ACKNOWLEDGED: DATED: Cc: City of Palm Desert, attn:Rachelle Klassen An Employee -Owned Company 770 S. Placentia Avenue I Placentia, CA 92870 Tel: 800-572-6900 j Direct: 714-572-5200 1 Fax: 866-254-4423 I www.carlwarren.com CA License o: 2607296 ACO CARL WARREN & COMPANY Claims Management and Solutions November 8, 2016 Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 RE: Principal Member City D/Event Claimant Our File Dear Gentlepersons: CJPIA City of Palm Desert 6/24/ 15 Kathy Carlisle 1951424 TVQ We are the claims administrators for the self -insured City of Palm Desert. Attached is a copy of a claim received by the city for your review. Since the City of Palm Desert does not own, maintain, nor control the sewer valve cover in question, we are forwarding this claim to you for your investigation and handling. Please contact the claimant directly with your findings. Also, please note, we have provided the claimant with your claims administrator information. Please confirm receipt of this claim by signing the acknowledgement block below and returning it to the undersigned. Very Truly Yours, CARL WARREN & CO. Ti,4� M . V aro-w Timothy M. Varon Claims Examiner ACKNOWLEDGED: DATED: Enc: Copy of Claim, Five (5) Color Photographs of the Sewer Valve Cover Cc: 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: 724-572-5200 1 Fax: 866-254-4423 I www.carlwarren.com CA License o: 2607296 �Np`TER O�gTRiG'i Established In 1918 as a public agency Coachella Valley Water District Directors: John P. Powell A, President - Div. 3 Peter Nelson. Vice President - Div. 4 Q atrick aDowd - Div. 1 U •= Edfack - Div. 2 1 V C Ao R. Estrada - Div. 5 yLn a a,c en �Mo ocU= o November 10, 2016 Invest West Citrus Tree, LTD. 1933 Cliff Dr., Suite I Santa Barbara, CA 93109 Our Incident No.: 2161106.0 Date of Incident: July 8, 2016 To Whom It May Concern: , Jim Barrett, General Manager Robert Cheng, Assistonl General Manager Sylvia Bermudez, Clerk of the Board Best Best & Krieger LLP, Attorneys File: 0091.2 Incident t 2161106.0 Please be advised that the Coachella Valley Water District (CVWD) received notice of a potential injury claim on or about November 8, 2016 from Kathy Carlisle (760) 340-5786. According to Ms. Carlisle, she was walking along El Paseo in front of Ristorante Mamma Gina (APN 627-262-004) when she tripped and fell and sustained injuries to her lower extremities. Ms. Carlisle reports that a loose cast iron cover shifted under the pressure of her footstep and caused her to lose her balance. Ms. Carlisle incorrectly believed that CVWD was to blame because: 1) The cast iron cover said "sewer" on it, and 2) The City of Palm Desert advised her that CVWD maintains the sewer in that area. Upon further investigation, it has been determined that the cast iron cover mentioned by Ms. Carlisle is a 6-8" lateral cleanout cover which is owned, operated, and maintained by the property owner at this location. Further, the cleanout casing and cover is located in the middle of the sidewalk which may or may not be owned by the City of Palm Desert. Despite having no ownership, operation, or control over the cleanout, CVWD staff investigated the site and determined that a dangerous condition (tripping hazard) exists. As such, CVWD has no option but to redirect Ms. Carlisle's attention to you as the party responsible for the cleanout and cleanout cover. Although I am sure this matter will be handled promptly and effectively by your firm, I must advise that CVWD will seek indemnification from the responsible party in the event litigation ensues. Your immediate attention to this matter is greatly appreciated. Sincerely, O Chris COG. Claims Manager cchaffin@cvwd.org 760-398-2661 x 2284 CC: Ristorante Mamma Gina Attention Management 73705 El Pasco Palm Desert, CA 92260 City of Palm Desert Mr. Stephen Aryan, Risk Manager 73510 Fred Waring Drive Palm Desert, CA 92260 'AcIll" CARL WARREN & COMPANY Clams Management and Solutions November 7, 2016 Kathy Carlisle 45430 Garden Square Palm Desert, CA 92260 RE: Claim Carlisle vs. Palm Desert Claimant Kathy Carlisle Member City of Palm Desert Date Rec'd by Mbr 11/4/16 Date of Event 6/24/16 CW File Number 1951424 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 *� M. Vowa*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: 714-572-5200 1 Fax: 866-254-4423 1 www. ca r1warren corn CA License No: 2607296 6 7 3-5 I O FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 i TEL: 760 346-o6 i i i info@cityofpa1mdesert.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: NOVEMBER 4, 2016 SUBJECT: CLAIM NO. 781 - CLAIM AGAINST THE CITY BY KATHY CARLISLE IN THE AMOUNT OF $20,000 The attached Claim No. 781 is being transmitted to you for the following: ❑ Information only. [ON ❑ 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 December 5, 2016, for timely response to the Claimant. Note: If you have any information that may be related to the incident giving rise to this Claim, please forward it to me so that I might transmit it to the City's third -party Claims Administrators, Carl Warren & Company. RACHELLE D. KLASSEN, MMC CITY CLERK Attachment (as noted) j.1 W"D 1w Kllltn �eP=s RECEIVED CITY OF PALM DESERT CITY CLERK'S Of7f ICC ASSIGNED CLAIM NO. CLAIM AGAINST THE CITY OF PALM DESE&p& L M C E S L P T , r Al (For Damage(s) to Person(s) or Personal PropfjV6 _4 AM 10• 07 Received by: �'ld-�-�¢� �-• b�l_ via: U.S. Mail Interoffice Mail Over -the -Counter 4--- 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�r ADDRESS PHONE NO. VW DX TE OF BIRTH: _ r SOCIAL SECURITY NO,� - 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: b-y TIME: Awi c. PLACE (exact and specific location) _ Y J • / 4c'err D e,c7cr 04 A--26 6) ce ri rfi-�s I ` d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or ommission you claim caused the injur or damage. (Use additional paper if necessary.) 5"'�)�Z �j � J-f��' 66v�e-- S-176 �JQ/5 i A) G � Sld � 1,v ,l 1 r 4 C..-&i; 611-,�J/J 1'{ C�nJ ry 7— A1 / �i t'�ccr� e. What particular action by the City, or its employees, caused the alleged damage or injury? 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 the time of presentation of the claim. If there were no injuries, state "no injuries": 5. Give the name(s) of the City employee(s) causing the damage or injury: 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: $ b. Estimated amount of future costs: $ }` C. Total amount claimed: $ , p��) d. Basis for computation of amounts claime l c ude copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospitals, doctors, etc.: 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 556.0. 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. ,/ / ;Signe this 7 day of rv��fEm t;, 20/, at� ATURE OF CLAIMAINT SIGNATURE OF CLAIMANT Office of the City Clerk, Palm Desert, California Page 2 of 2 DOC. NO. _ (9 ►_ DATE FILED I (— -( C COMPOSE Today onAOL Old Mail QrKU Sent Spam Recently ❑elel. . Contacts Calendar My Folders Events Your calendar is em pry -J CALEY =. ".. --• - (Ho subject) Irathy Ca Aisle y:„ show details show image slideshow I _ c _-G._,{S I Sent From my iPhone 1A Chee lmgges SEARCH I SEARCH COMPOSE W * * ® O More - sea -a! Asa:' (No subject) Kathy Carlisle yc!, show dalails show image Odeshwv Today on AOL f ;h!3_C3Ey r� (34 iB Cld mail Drafts Beni Sent from my Phone l Atta d lnmpes __ --- Spam _ Recently ❑eret„ Contacts Calendar My Folders Events Your calendar is empty. -_.�....__... Rai_.-