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Home My WebLink AboutClaim #772REQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT CLAIM AGAINST THE CITY (#772) BY ANNE L. SALERNO IN THE AMOUNT OF $67,500 Rachelle Klassen, City Clerk September 22, 2016 • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 772 By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. Strateaic Plan Obiective Not applicable. 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(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: Ra - - -Clerk rdk Attachments (as noted) Approved: 14 � stifet_1W11v1 cCarihy*, Interim City er CARL, WARREN & COMPANY Claims Management and Solutions September 9, 2016 TO: City of Palm Desert ATTENTION: Rachelle Klassen RE. Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Salerno vs. Palm Desert Anne Salerno City of Palm Desert 6/8/ 16 12/12/15 1938084 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. T4 twy M. vu.ro-PV 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 I I i y of P R I M 7 3-5 I O FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-15 78 TEL:76o 346-o6rr inCor'cicpofpalmdescrr.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: JUNE 8, 2016 SUBJECT: CLAIM NO. 772 - CLAIM AGAINST THE CITY BY ANNE L. SALERNO IN THE AMOUNT OF $67,500 The attached Claim No. 772 is being transmitted to you for the following: Information only. or ❑ Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by July 8, 2016, for timely response to the Claimant. Note: If you have any information that would be relevant in consideration of this Claim, please forward it to me so that I may transmit it to the City's third party Claims Administrators, Carl Warren & Company. D. CITY CLERK Attachment (as noted) CD MIN:SD :N fE:+(LIi N.I, CLAIM AGAINST THE CITY OF PALM DESERT (For Damage(s) to Person(s) or Personal Property) Received by: via: U.S. Mail- Interoffice Mail Over -the -Counter REC CITY Gl.EM�MDESERT P A IAOSUtb'CIA 10. 2016 JUN -$ PM 12: 15 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 Ci:AIMS 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, Cafifornia: 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 nne jjA� IV Z) } ADDR S PHONE N57.1 _ wA-1 E OF BIRTH: — SOCIAL SECURITY NO.< - DRIVER'S LICENSE NO. 2. Name, telephone number and post office address to which claimant desires notices to be sent,if h r than above: 3. Occurrence or event from which the claim arises: �' a. DATE: /, //2,/o�Di� b. TIME:,r 1, c. PLACE (exact and specific 1 ion) t r ow and � uXn2 6 what circumst ces 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.) d. What particular action by the City, or its a ployees, caused the alleged damage or injury? 7"r', 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": 5. Give the name(s) of the City employee(s) causing the damage or mjury:.1 n7- 6. Name and address of any other person(s) injured: 7 1X,f 7. Name and address of the owner of any damaged property: AAW4 , /A(, IV 49 Y Oru Z-V 8. Damages claimed: � a. 7unt claimed as of this date: $ f b. /rsumated amount of future costs: $ c. Total amount claimed: d. Basis for computation ofamounts cl ' e n u e copies of all bills, invoices, estimates, etc.): " 4*66- -41711 19 9. Names and. 0dresses of 4U w esses, hospitals, doctors, etc.: 10. Any additio information, in udin police repo which t be helpful in considering tt, aim• t' WARNI CN.IT A CRIM Al OFFENSE b FII,E A FALSE CLAIMI MAL 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 ofpprJury that the foregoin is TRUE AND CORRECT Sign ' a of , 20 46 , at �-yr t . + .fai4K TUBE O IWAIMelp SIGNATURE OF CLAIMANT Office of the City Clerk, Palm Desert, California DOC. NO. DATE FILED Page 2 of 2 June 6.2016 To The Honorable Major and City Council, City of Palm Desert, California CLAIM AGAINST THE CITY OF PALM DESERT, CA. Pages 3 - 5 Attached Anne L. Salerno Claimant Addendum Pages 3 - 5 3. (a ) The tripping/fall incident/injury occurred at the following location in the Palm Desert Civic Center Park: On sidewalk, eastside of park, walking south, approx 70 ft. south of red, tin roofed shade pergola. * See photo sidewalk lifted/separated at seam ( approx 3.5 in. in height) and red roofed pergola. 3. ( b ) This claim arises from injuries suffered on December 12, 2015, complications since and future due to trauma when 1 tripped on raised concrete on the sidewalk described above while walking. Please see enclosed photo. Due to height of the raised concrete i fell in an outstretched plank like position. Unable to cushion the fall with either hand/arm or foot/leg , full force of the initial impact on the concrete was to my left breast, next to left side: arm, shoulder and ribs. This was an extremely violent blow feeling like a full swing of a bat to the chest. This blow caused temporary paralysis, excruciating pain, loss of breath, broken ribs, limited range of motion on left side, damage to left breast tissue and escalating hieh blood pressure which is controlled onlv by medications to Dresent date. Once stabilized I will require breast ex -plantation surgery. Left breast continues to be be tender with frequent piercing pain during normal activities. Prior to this incident no adverse effects were felt or experienced due to breast implants. My daughter Logan Farmer was present. She is an experienced Registered Nurse. She cautioned me to remain still, assessed the immediate situation, later assisted me to the car and to my bed remaining to care for me and monitor my condition throughout the following weeks. I later learned I had broken my left 4th, 5th and 6th ribs. The trauma/pain causing a rise in blood pressure over a period of weeks to a height of 200/102. Blood pressure issues remain to date which are controlled only by medication which I did not require prior to this accident. Significant side effects from these medications effect my health and daily activities. Please refer to doctor's reports and test results: Dr Lester Padilla, a Cardiologist with Eisenhower Desert Cardiology, Rancho Mirage CA. And, Dr. Jae Chun per breast surgery once blood pressure is stabilized and work schedule allows. A six week recovery is necessary. June 6, 2016 CLAIM AGAINST THE CITY OF PALM DESERT, CA. Page 4 of 5 Anne L. Salerno Claimant: Addendum Pages 3 - 5 3. (c) Failure to repair significant trip hazards on sidewalks throughout Palm Desert Civic Park. Within five days of injury I was driven to the City Offices. I reported this incident, injury and concern to City representative at the desk. She gave me forms to report the incident and an email address to Ron Chavez asking I relay the information directly. Please see email and ahotos attached dated 12/17/15 with Mr. Chavez's reply. The many lifted/separated sidewalks throughout the Park were not repaired until on or about 01/10/16, several weeks after the incident. 4) Please refer to page 3 , 3 ( b ) for description of injuries suffered from this incident. Damages include: pain, suffering loss of mobility, inability to perform normal daily responsibilities, loss of enjoyment, physical limitations going forward and ongoing anxiety experienced by such an event, associated treatments, surgery and recovery. Loss of Income, both risk and concern of future complications and rehabilitation are significant and unknown at this time. Chronic pain associated with breast injury, no previous difficulties prior to injury. Effects from elevated blood pressure and necessary medication/side effects. Reimbursement to medical insurance companies: Medicare and Supplemental insurance with Stonebridge/ Transamerica Life to present and ongoing. Increase of insurance premiums per supplemental policy due to future risk and unknowns. 8) (d) Basis for computation of amounts claimed: 1) Pain/Suffering to present: initial healing $18000. ribs, left side rehab soft tissue, bruising, depression, blood pressure escalation. * See Doctor's Reports/Findings 2) Loss of Income Initial Injuries ( 3 months) 15000. 2015 Income $ 63669,00. Self employed. 014t-le� CLAIM AGAINST THE CITY OF PALM DESERT, CA. Page 5 of 5 Anne L. Salerno Claimant: Addendum Pages 3 - 5 8) (d) Continued ( Real Estate Agent,16 years.) Income based upon activities generating future income. Average Income $ 60,000 annually. Tax Returns Available. 3) Medicare/Transamerica Ins. See Attached 4000. summaries to date. Approx. Estimate TBD+ Transamerica Supplement Ins. Personal Deductible, Prescriptions: Well Care 4) Future Surgery * See estimate Dr. Jae Chun 8000. 5) Loss of Income ( 6 weeks Recovery) Future 7500. 6) Pain, Suffering, Risk, Future Recovery 15,000. 7) Any future complication unknown at this time. 9)1) Witness: Logan A. Farmer ( Present at Incident ) 74250 De Anza Way, Palm Desert. 2) Cardiologist: Dr. Lester Padilla ( See Reports, Findings) Eisenhower Medical Center, Hal B Wallis Building 39000 Bob Hope Dr. Rancho Mirage, CA. 3) Plastic Reconstructive Surgeon ( See Report ) Dr. Jae Chun MD ( See Report/Estimate } 400 Newport Center Drive, Ste 707 Newport Beach CA. 4) Eisenhower Medical Center 39000 Bob Hope Drive, Rancho Mirage CA 4/1 /201 B Sidewalk lifted Eestside of Park - annesalemo@ hsent city of palm Anne Gmail Move to Inbox More COMPOSE Anne Salerno <annesaierno@ > 12/17115 to rchavez Inbox (3,808) Hi Randy, Starred Please find photos of sidewalk which is lifted & separated on Eastside of Park sn,"'ja-` just south of pergola pictured. Lady at city offices asked I forward to you. Anne I took a pretty serious fall last Saturday caused by this uplift. Thank you, Anne Sent from my Verizon Wireless 4G LTE smartphone 2 Attachments No Hangouts Contacts Find someone EN https:llmail.google.comlmaiVulONsearchrin%3Asent+city+of+palml151 bt ba5b 12bb9T2 III 4/1/2016 Sidewalk lifted Esstslde of Park - annesalemorq city of palm Anne Gmail COMPOSE Inbox (3,808) Starred Anne No Hangouts Contacts Find someone 70 Move to Inbox More Sidewalk lifted Eastside of Park Inbox x Anne Salerno Hi Randy, Please find photos of sidewalk whicl• 12/17/15 rchavez@cityofpalmdesert.org 12/17/15 to me Hello Ms. Salerno, thanks for the information. i will look into this. Randy Chavez Landscape Supervisor City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 760-776-6450 From: Anne Salerno [mailto:annesalernoCa Sent: Thursday, December 17, 2015 12:56 PM helps://mail.google.wrWmaiUu/ot#seamhlcity+of+paW151 b1 ba5b12bb972 111