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HomeMy WebLinkAbout2023-06-02 De Anda, Elena1 Gloria Sanchez From:Laurie Stroud <LStroud@carlwarren.com> Sent:Tuesday, August 29, 2023 4:35 PM To:Gloria Sanchez Cc:Tim Varon; Laurie Stroud Subject:Diary review claim 3047481 Elena De Anda.docx Attachments:Diary review claim 3047481 Elena De Anda.docx Hi Gloria, Here is the most current diary review for this claim. I am pending her last visit from Orthopedic. She said that her finger is causing her a great deal of pain at this time. I will keep you posted so we can evaluate this claim. Have a great rest of the week. Warmest Regards, Laurie Stroud Laurie Stroud Sr Claims Examiner LStroud@carlwarren.com Tel: (951) 550-0493 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no 2 liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. DIARY REVIEW Event: Claimant was on her Knee scooter and hit a uplifted sidewalk flew over her handle bars and hit her head stomach and injured herself. Claimant was transported to the hospital via paramedics ambulance. Statute of Limitations: 01/21/2025 Action plan items from last review and status: 1. Can you verify the location of the trip and fall? 2. Can you verify the ownership, maintenance, and control of the sidewalk/trail/floor in question? 3. Can you confirm whether the city owners, maintains and controls the park in question? If not who does? 4. Can you verify whether or not there is a contractor for the city which runs the park in question? If so they indemnify the city? can you send me a copy of the contract with indemnification information? 5. Can you send any incident reports taken by the city or contractors? 6. Can you send me any photos for my file? 7. Can you confirm the cause of the uplift of the sidewalk in question? 8. Can you confirm if this location is listed as a trail for the city? if so can you please send me the City’s trail list for this location? 9. Can you send any other information that may be helpful for this loss. Coverage: Confirmed Coverage Under the MOLC for dangerous condition of public property. There are no coverage issues at this time. Liability Review: Liability is problematic but some comparative. The claimant is still not done treating. Damages Review – claimant hit her head and cut it with dents and gash, scarring, broke prescription sun glasses, broken right ring finger she is right hand dominant. The claimant hit her chest, and hit her leg and still has a bruise from the fall 6 months ago. The claimant alleges that her finger never healed right and still causes her issues and pain. She will be seeing the orthopedic surgeon. Submitted Medical Bills: Pending Considered: Pending Residuals: Unknown Loss of Earnings Alleged: Unknown Reserve Review: Indemnity set at 25,000.00 Updated Action Plan: 1. Gather medical bills and records to evaluate 2. Claimant has another appointment with orthopedic for finger as she said it is crooked and still causing her an immense amount of pain. Subrogation Referral: N/A 1 Gloria Sanchez From:Gloria Sanchez Sent:Wednesday, July 5, 2023 4:29 PM To:Laurie Stroud Subject:RE: regarding claim 3047481 Elena De Anda Attachments:IMG_1539.JPG Hi, Laurie: Below are the responses to your quesƟons and a photo. We apologize for any inconvenience. Let me know how I may be of further assistance. Have a nice rest of the week. 2 From: Laurie Stroud <LStroud@carlwarren.com> Sent: Wednesday, July 5, 2023 11:59 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Laurie Stroud <LStroud@carlwarren.com> Subject: FW: regarding claim 3047481 Elena De Anda Hi Gloria,I am following fact development for this loss. I hope you have a great rest of the week. Can you verify the location of the trip and fall?Can you verify the ownership, maintenance, and control of the sidewalk/trail/floor in question?Can you confirm whether the city owne Hi Gloria, I am following fact development for this loss. I hope you have a great rest of the week. 1. Can you verify the locaƟon of the trip and fall? 2. Can you verify the ownership, maintenance, and control of the sidewalk/trail/floor in quesƟon? 3. Can you confirm whether the city owners, maintains and controls the park in quesƟon? If not who does? 4. Can you verify whether or not there is a contractor for the city which runs the park in quesƟon? If so they indemnify the city? can you send me a copy of the contract with indemnificaƟon informaƟon? 5. Can you send any incident reports taken by the city or contractors? 6. Can you send me any photos for my file? 7. Can you confirm the cause of the upliŌ of the sidewalk in quesƟon? 8. Can you confirm if this locaƟon is listed as a trail for the city? if so can you please send me the City’s trail list for this locaƟon? 9. Can you send any other informaƟon that may be helpful for this loss. Warmest Regards, Laurie Stroud Laurie Stroud Sr Claims Examiner CA License No: LStroud@carlwarren.com Tel: (951) 550-0493 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 3 From: Laurie Stroud <LStroud@carlwarren.com> Sent: Thursday, June 22, 2023 10:58 AM To: Gloria Sanchez (Palm Desert*) (gsanchez@palmdesert.gov) <gsanchez@palmdesert.gov> Cc: Laurie Stroud <LStroud@carlwarren.com> Subject: FW: regarding claim 3047481 Elena De Anda Hi Gloria, Following up on fact development for this claim. I hope you have a great rest of the week. Warmest Regards, Laurie Stroud Laurie Stroud | Senior Claims Examiner CA License No: LStroud@carlwarren.com Tel: (951) 550-0493 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: Laurie Stroud <LStroud@carlwarren.com> Sent: Wednesday, June 7, 2023 8:33 AM To: Gloria Sanchez (Palm Desert*) (gsanchez@palmdesert.gov) <gsanchez@palmdesert.gov> Cc: Laurie Stroud <LStroud@carlwarren.com> Subject: regarding claim 3047481 Elena De Anda Hi Gloria, I am the adjuster who has been assigned to this Ɵme at this Ɵme. if you could please answer the quesƟons below. I am planning on coming out on Monday to take a look at the scene if possible. Have a great rest of the week. 1. Can you verify the locaƟon of the trip and fall? 2. Can you verify the ownership, maintenance, and control of the sidewalk/trail/floor in quesƟon? 3. Can you confirm whether the city owners, maintains and controls the park in quesƟon? If not who does? 4. Can you verify whether or not there is a contractor for the city which runs the park in quesƟon? If so they indemnify the city? can you send me a copy of the contract with indemnificaƟon informaƟon? 5. Can you send any incident reports taken by the city or contractors? 6. Can you send me any photos for my file? 7. Can you confirm the cause of the upliŌ of the sidewalk in quesƟon? 8. Can you confirm if this locaƟon is listed as a trail for the city? if so can you please send me the City’s trail list for this locaƟon? 9. Can you send any other informaƟon that may be helpful for this loss. Warmest Regards, Laurie Stroud 4 Laurie Stroud | Senior Claims Examiner CA License No: LStroud@carlwarren.com Tel: (951) 550-0493 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. 1 Gloria Sanchez From:Laurie Stroud <LStroud@carlwarren.com> Sent:Wednesday, July 5, 2023 12:17 PM To:Gloria Sanchez Cc:Laurie Stroud; Tim Varon Subject:Diary review claim 3047481 Elena De Anda Attachments:Diary review claim 3047481 Elena De Anda.pdf Hi Gloria, Here is the most current diary review for this loss. I am still pending the fact development for this loss. Have a great rest of the week. Warmest Regards, Laurie Stroud Laurie Stroud Sr Claims Examiner CA License No: LStroud@carlwarren.com Tel: (951) 550-0493 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 2 DIARY REVIEW Event: Claimant was on her Knee scooter and hit a uplifted sidewalk flew over her handle bars and hit her head stomach and injured herself. Claimant was transported to the hospital via paramedics ambulance. Statute of Limitations: 01/21/2025 Action plan items from last review and status: 1. Can you verify the location of the trip and fall? 2. Can you verify the ownership, maintenance, and control of the sidewalk/trail/floor in question? 3. Can you confirm whether the city owners, maintains and controls the park in question? If not who does? 4. Can you verify whether or not there is a contractor for the city which runs the park in question? If so they indemnify the city? can you send me a copy of the contract with indemnification information? 5. Can you send any incident reports taken by the city or contractors? 6. Can you send me any photos for my file? 7. Can you confirm the cause of the uplift of the sidewalk in question? 8. Can you confirm if this location is listed as a trail for the city? if so can you please send me the City’s trail list for this location? 9. Can you send any other information that may be helpful for this loss. Coverage: Confirmed Coverage Under the MOLC for dangerous condition of public property. There are no coverage issues at this time. Liability Review: Liability is still pending fact development Damages Review – claimant hit her head and cut it with dents and gash, scarring, broke prescription sun glasses, broke right ring finger she is right hand dominant. The claimant hit her chest, and hit her leg and still has a bruise from the fall 6 months ago. The claimant alleges that her finger never healed right and still causes her issues and pain. She will be seeing the orthopedic surgeon. Submitted Medical Bills: Pending Considered: Pending Residuals: Unknown Loss of Earnings Alleged: Unknown Reserve Review: Indemnity set at 25,000.00 Updated Action Plan: 1. Seek fact development 2. Make liability decision 3. Accept or reject 4. Gather medical bills and records to evaluate Subrogation Referral: N/A 1 Gloria Sanchez From:Gloria Sanchez Sent:Wednesday, June 7, 2023 10:09 AM To:Brad Chuck Cc:Randy Chavez; Martin Alvarez Subject:FW: regarding claim 3047481 Elena De Anda Attachments:2023-06-02 De Anda, Elena.pdf Importance:High Good morning, Carl Warren the claims third-party administrator has a few questions. Provide your answer in a different color behind the questions below. For your convenience attached is the claim and pictures provided by the claimant. Please respond at your earliest convenience. Thank you. From: Gloria Sanchez Sent: Wednesday, June 7, 2023 10:00 AM To: Laurie Stroud <LStroud@carlwarren.com> Subject: FW: regarding claim 3047481 Elena De Anda Good morning, Laurie: Received and will forward to the Public Works/Landscape Division to respond. Have a nice day. From: Laurie Stroud <LStroud@carlwarren.com> Sent: Wednesday, June 7, 2023 8:33 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Laurie Stroud <LStroud@carlwarren.com> Subject: regarding claim 3047481 Elena De Anda Hi Gloria,I am the adjuster who has been assigned to this time at this time. if you could please answer the questions below. I am planning on coming out on Monday to take a look at the scene if possible. Have a great rest of the week. Can you verify the location of the trip and f Hi Gloria, I am the adjuster who has been assigned to this time at this time. if you could please answer the questions below. I am planning on coming out on Monday to take a look at the scene if possible. Have a great rest of the week. 2 1. Can you verify the location of the trip and fall? 2. Can you verify the ownership, maintenance, and control of the sidewalk/trail/floor in question? 3. Can you confirm whether the city owners, maintains and controls the park in question? If not who does? 4. Can you verify whether or not there is a contractor for the city which runs the park in question? If so they indemnify the city? can you send me a copy of the contract with indemnification information? 5. Can you send any incident reports taken by the city or contractors? 6. Can you send me any photos for my file? 7. Can you confirm the cause of the uplift of the sidewalk in question? 8. Can you confirm if this location is listed as a trail for the city? if so can you please send me the City’s trail list for this location? 9. Can you send any other information that may be helpful for this loss. Warmest Regards, Laurie Stroud Laurie Stroud | Senior Claims Examiner CA License No: LStroud@carlwarren.com Tel: (951) 550-0493 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 3 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Tuesday, June 6, 2023 3:54 PM To:Gloria Sanchez Cc:Laurie Stroud; Andrea Staehle; Amber Molina Subject:20230606 De Anda Palm Desert NOTIFICATION LETTER 3047481 Attachments:We sent you safe versions of your files; 20230606 De Anda Palm Desert NOTIFICATION LETTER 3047481.pdf; FW: 3047481 - City of Palm Desert - Claim Against the City 897 - De Anda, Elena Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi Gloria, Please find attached a copy of our Notification Letter for your records. Have a great day! Tim Tim Varon | Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. 2 Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 June 6, 2023 Elena DeAnda 44768 Merlin Dr. Indio, CA 92201 RE: Claimant : Elena DeAnda Date of Loss : 1/21/23 Claim Filing Date : 6/2/23 Our File Number : 3047481 LSV Carl Warren & Company is the claims management company for the City of Palm Desert. The above-captioned claim has been assigned to Laurie Stroud for handling. Ms. Stroud may be reached at 951-550-0493. When our investigation is complete, we will advise you as to whether or not we can recommend settlement. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor cc: Member Agency: City of Palm Desert, attn:Gloria Sanchez 1 Gloria Sanchez From:Gloria Sanchez Sent:Monday, June 5, 2023 11:42 AM To:Carl Warren & Co. (publicentityclaims@carlwarren.com); Todd Hileman; Robert Hargreaves Cc:Chris Escobedo; Andrea Staehle; Anthony Mejia; Tim Varon; Brad Chuck Subject:Claim Against the City 897 - De Anda, Elena Attachments:2023-06-02 De Anda, Elena.pdf Good aŌernoon, AƩached for your review and/or appropriate acƟon is Claim No. 897 – Elena De Anda. If you have any quesƟons or need addiƟonal informaƟon, please do not hesitate to contact me. Thank you and have a great week. Gloria TO: COPY: FROM: DATE: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, ASSISTANT CITY MANAGER, HUMAN RESOURCES MANAGER, AND CITY CLERK. M. GLORIA SANCHEZ, RECORDS COORDINATOR SUBJECT: CLAIM NO. 897 Elena De Anda The attached Claim No. 897 is being transmitted to you for the following: Information only. or X Please review and provide any recommendation you may have to the Risk Manager, concerning any action required by the City of Palm Desert. We would appreciate your report, if requested, by July 17, 2023, for timely response to the Claimant. Note: At your earliest convenience, please let me know if you have any information related to the incident giving rise to this Claim so that I may forward it to the City’s third-party Claims Adjusters, Carl Warren & Company. ___________________ M. Gloria Sanchez Records Coordinator Attachment (as noted) C I T Y O F P A L M D E S E R T 73 - 510 F RED W ARING D RIVE P ALM D ESERT , C ALIFORNIA 92260-2578 T EL : 760 346-0611 I NFO @ PALM - DESERT . ORG JUNE 5, 2023