HomeMy WebLinkAbout2024-03-19 Glowicki-Sawchuk-Evans - Closed1
Gloria Sanchez
From:Claudia Bray <cbray@carlwarren.com>
Sent:Tuesday, March 19, 2024 8:54 AM
To:Tim Varon
Cc:Amber Molina; Gloria Sanchez; Andrea Staehle
Subject:Closing of file: Glowicki et al. v. City of Palm Desert CJP-3050349
Below is the most recent diary review on these pending claims. All claims have been rejected and the
file will now be closed.
DIARY REVIEW
Event: 3 male bicyclist were riding in a group of 4 heading n/b on San Pablo and as there were going around the
traffic circle to head w/b on Magnesia Falls, they encountered oil on the road causing 3 of them to fall off their bikes
and sustain injuries and property damage.
Statute of Limitations: 9/11/2024; claims rejected 3/11/2024
Action plan items from last review and status:
1. Secure claimant David’s r/s. David’s recorded statement has been secured, he makes a good witness, very credible.
He confirmed no injuries being claimed only property damage.
2. Confirm if other’s are making a claim or not. David confirmed Dan and Grant are also making a property damage
claim for $2000 for the damage to their bikes. No injury claims.
3. Advise claimants they should be pursuing their claim against the garbage truck and not the city. Claimant’s have
been advised to pursue their claim against Burrtec Waste Management.
4. Reject the claims after r/s is secured. All 3 claims have been rejected.
5. Provide claimants with responsible parties’ info. Claimant’s have been advised to pursue their claim against Burrtec
Waste Management directly.
6. Close file. The claims will now be closed.
Coverage: Confirmed under the MOC
Liability Review: Appears favorable to the city. The city’s defense should be No Notice of the Dangerous
Condition. The bicyclist should be pursuing their claim against the garbage truck company, Burrtec Waste
management as it was their truck which leaked the oil onto the roadway due to a broken hydraulic oil line.
Damages Review – bloody scrapes, bruises, wrist and back injury, no medical treatment sought. Repair and tune up
to bicycles.
Submitted Medical Bills: None Considered: None anticipated
2
Residuals: None anticipated
Loss of Earnings Alleged: None
Reserve Review: $ 6,000 for PD ($2000 each claimant)
Updated Action Plan:
1. Close file.
Subrogation Referral: NA
Claudia Bray
Sr Claims Examiner
cbray@carlwarren.com
Tel: (657) 622-4216 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296
www.carlwarren.com
PO Box 2411, Tustin, CA, 92781
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