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HomeMy WebLinkAboutClaim #776AREQUEST: SUBMITTED BY: DATE: CONTENTS: Recommendation .. �70. CITY OF PALM DESERT -A CITY CLERK DEPARTMENT STAFF REPORT CLAIM AGAINST THE CITY (#776A) BY STEVEN MARKS IN AN UNSPECIFIED AMOUNT Rachelle Klassen, City Clerk September 22, 2016 • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 776A By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. Strategic 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 Analysis 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. li; w5ffl. rdk Attachments (as noted) Approved: Justi Carthy, Interim City M er CAliL WARREN & COWANY Claims Management and Solutions September 9, 2016 TO: City of Palm Desert ATTENTION: Rachelle Klassen RE: Claim Claimants Member Date Rec'd by Mbr Date of Event CW File Number Marks et al vs. Palm Desert Steven Marks & Laura Vento City of Palm Desert 8/25/ 16 3 /3/ 16 1947856 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'� M . V a r0*L' Timothy M. Varon Claims Specialist AN EMPLOYEE -OWNED COMPANY 770 S. Placentia Avenue i Placentia, CA 02870 P. O. Box 25180 i Santa Ana. CA 92799-5180 www carlwarren.com i Tel 714-572-5200 i 800-572-6900 i Fax: 866-254-4423 CA License No 260729(J 7 3-5 I O FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 I TEL: 76o 346-o6ii info@cit},ofpatmdesert.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, CHIEF OF POLICE/RIVERSIDE CO. SHERIFF'S CAPTAIN, RISK MANAGER FROM: CITY CLERK DATE: AUGUST 30, 2016 SUBJECT: CLAIM NO.776A -CLAIM AGAINST THE CITY BY STEVEN MARKS IN AN UNSPECIFIED AMOUNT The attached Claim No. 776A is being transmitted to you for the following: ❑ Information only. M ❑ 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 September 30, 2016, for timely response to the Claimant. Note: If you have information on the incident giving rise to said Claim thatwould be helpful in its processing, please forward to me for transmission to the City's third -party Claims Administrators, Carl Warren & Company. RACHELLE D. KLASSEN, MMC CITY CLERK Attachment (as noted) r ♦ oaiureo �A aFcvn;oo.�o�x Q. CITY OF PALM DESERT ASSIGNEISMWM 7t CLAIM AGAINST THE CITY OF PALM DESERT ©RS I4 F1 t fF 1 t f (For Damage(s) to Person(s) or Personal Property) • Y01S AUG 25 AN f0: 4 9 Received by: � via: U.S. Mail L Interoffice Mail Over -the -Counter 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, 73-5I0 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 Steven Marks ADDRESS PHONE NO. i ) _ DATE 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 other than above: Walter Clark Legal Group, 72098 Hwy. 111, Rancho Mirage, CA 92270, (760) 862-9254 3. Occurrence or event from which the claim arises: a. DATE: 313/16 b. TIME: 12:15 pm c. PLACE (exact and specific location) Intersection of Monterev Ave., and Hahn Road, in the City of�_ Palm Desert, Riverside County. California. d. How and under what circumstances 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.) See Attachment A e. What particular action by the City, or its employees, caused the alleged damage or injury? _ See Attachment A Page 1 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": See Attachment A 5. Give the name(s) of the City employee(s) causing the damage or injury: Unknown at this time. 6. Name and address of any other person(s) injured: Bobby Vento (deceased) . 7. Name and address of the owner of any damaged property: Unknown at this time. S. Damages claimed: See Attachment A a. Amount claimed as of this date: $ b. Estimated amount of future costs: $ c. Total amount claimed: $ d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospitals, doctors, etc.: Names of witnesses are unknown at this tom_ The Traffic Collision RePnrt ��s not been released vet. Claimant was tran5nnrtPd -k1' amhilanre rn Ei Sanhnsnnr Medical. Center. 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 7L; 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 :ratters I believe the sae to be true. 1 certify under penalty of perjury that the foregoing is TRUE AND CORRECT. Signed this a day of , 20 16, at Rancho Mirage, California ATURE-OLAIM INT' S ATTORNEY SIGNATURE OF CLAIMANT 7e-.- sica A. Albert, Esq. fice of the City Clerk, Palm Desert, California pOC. NO.,;A. DATE FILED? a--(p Page 2 of 2 ATTACHMENT A 3d. How and under what circumstances did damage or injury occur? On March 3, 201 b, at approximately 12:15 p.m., Claimant, a pedestrian, was seriously injured when he was struck by a car while he was crossing the street at the intersection of Monterey Avenue and Hahn Road. 3e. What particular action by the City, or its employees, caused the alleged damage or injury? A. The City of Palm Desert carelessly, recklessly, and unlawfully owned, leased, maintained, managed, operated, designed, and controlled the intersection of Monterey Avenue and Hahn Road in the City of Palm Desert, Riverside County, California (hereinafter "Premises"). B. Claimant alleges that the City of Palm Desert contributed to the cause of his injuries because agents and/or employees of the City of Palm Desert created a dangerous condition on public property while working, planning, designing and/or approving the design of the Premises. C. The Premises were in a dangerous condition that created a substantial risk when the Premises were used in a reasonably foreseeable manner. (1) The intersection of Monterey Avenue (aka Highway 74) and Hahn (aka San Gorgonio Way) is an intersection with high pedestrian traffic due to it being located directly east of the Westfield Palm Desert Mall, southwest of College of the Desert, and between two Sunline Transit Agency public bus stops. (2) Based upon the pedestrian foot traffic, the subject intersection was in a dangerous condition because: (a) tha speed limit is too high and should be reduced to 25 mph leading up to and away from the subject intersection; (b) the white paint delineating the crosswalk was faded and difficult to see by oncoming traffic; (c) the intersection was not controlled by a high -visibility pedestrian activated signal (HAWK); (d) the intersection was not controlled by a crosswalk signal which gave out a sound notifying oncoming traffic of pedestrians using the crosswalk; (e) the crosswalk lacked reflective bot dots delineating the crosswalk; (f) the crosswalk lacked blinking bot dots delineating the crosswalk; (g) the crosswalk was improperly timed, failing to provide pedestrian (including disabled pedestrians) with an adequate time to safely cross the street; and (h) the crosswalk lacked high -visibility crosswalk markings such as "continental," "patio" or "zebra" markings which would draw greater attention to the Page 1 of 3 crosswalk itself. (3) The City of Palm Desert was negligent in its failure to remedy the dangerous condition of the subject crosswalk by failing to employ the devices and/or techniques discussed above. D. Claimant further alleges that the City of Palm Desert failed to respond to the collision scene within a reasonable time. E. The duties outlined above pertaining to City of Palm Desert are non -delegable duties. F. City of Palm Desert had control over the subject location at the time of the collision. G. The City of Palm Desert was negligent in its use, ownership, maintenance, and control of the Premises in that it permitted such a dangerous condition to exist on the Premises. H. The dangerous condition on the Premises and the City of Palm Desert's negligence leading thereto was a substantial factor in causing Claimant's injuries. The City of Palm Desert had a non -delegable duty to: (1) exercise due care in the use, ownership, maintenance, control, occupation and management of the Premises in order to avoid exposing the general public to an unreasonable risk of harm; (2) use reasonable care to keep the Premises in a reasonably safe condition, (3) use reasonable care to discover any unsafe conditions, and (4) to repair, replace, and/or give adequate warning of anything that could be reasonably expected to harm others. J. Claimant is informed, believes, and thereon alleges that the City of Palm Desert's agents and/or employees caused and/or permitted the dangerous condition to remain on the Premises. A danger which would not be reasonably apparent to, or anticipated by, persons on the Premises. K. Claimant is informed, believes, and thereon alleges that the City of Palm Desert is liable in respondeat superior (vicarious liability) for the torts of its employees committed during the course and scope of its employees' employment under Government Code §815.2(a). This includes, but is not limited to, liability for negligent acts and omissions committed by employees of the City of Palm Desert while said employees were acting within the course and scope of their employment. Page 2 of 3 L_ Claimant is informed, believes, and thereon alleges that the City of Palm Desert had actual and/or constructive notice of the dangerous condition on the Premises a sufficient time prior to this incident to have taken appropriate measures to discover the dangerous condition, to repair it, to protect against it and/or to adequately warn of the dangerous condition. The knowledge of any agent/employee is imputed to its employer. M. The dangerous condition on the Premises created a reasonably foreseeable risk of the kind of injuries suffered by Claimant and decedent, as herein alleged, when the Premises were used with due care in a manner which was reasonably foreseeable that the Premises would be used. 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: Claimant was hurt and injured to his health, strength and activity, sustaining injury to his body and shock to his nervous system and person, as well as mental and emotional distress, all of which said injuries have caused and continue to cause him great mental and physical pain and suffering. Plaintiff is informed and believes and thereon alleges that said injuries will result in some permanent disability. Claimant was caused to, and continues to, seek treatment with appropriate health care providers for the injuries sustained in the subject incident. 8. Damages claimed: Claimant has suffered economic and non -economic damages for the injuries he sustained, for which he is seeking compensation, according to proof, including, but not limited to medical expenses, physical pain, suffering, disability, loss of enjoyment of life, inconvenience and emotional distress (Dillon v. Legg). Jurisdiction would vest in the Unlimited Superior Court (over $25,000). Page 3 of 3 Not T ot I