HomeMy WebLinkAboutClaim #776BREQUEST:
SUBMITTED BY
DATE:
CONTENTS:
Recommendation
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
CLAIM AGAINST THE CITY (#776B) BY LAURA VENTO IN AN
UNSPECIFIED AMOUNT
Rachelle Klassen, City Clerk
September 22, 2016
• Staff Report
• Recommendations of Claims Adjusters and Staff
• Claim No. 776B
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:
Rac a le . Klassen, MC, y Clerk
rd k
Attachments (as noted)
Approved:
^t4&1
stiri McCarthy, Interim Cit Manager
�. _
(:ARL WARREN & COMPANY
Claims Manager` neat 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,*K-a" M. Va-rro•w
Timothy M. Varon
Claims Specialist
AN EMPLOYEE -OWNED COMPANY
770 S. Placentia Avenue i Placentia. CA 92870
P 0 Box 25180 r Santa Ana, CA 92799-51W
www carlwarren.com i Tel 114-572-5200 r 800-572-3900 i Fax: 866-254-4423
(;A License No. 2607296
73-5 IO FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-o6 i i
in Eo @city4pal mdese rt.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. 776B - CLAIM AGAINST THE CITY BY LAURA VENTO IN AN
UNSPECIFIED AMOUNT
The attached Claim No. 776B is being transmitted to you for the following:
❑ Information only.
or
❑ Reviewand 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 that would be helpful
in its processing, please forward to me for transmission to the City's third -party Claims
Administrators, Carl Warren & Company.
CITY CLERK
Attachment (as noted)
ea
♦ f VCIV ma 9RYGE9'A'[q
CLAIM AGAINST THE CITY OF PALM DESERT
(For Damage(s) to Person(s) or Personal Property)
Received by: to 1 wllrP .
via: U.S. Mail✓ Interoffice Mail Over -the -Counter
( CITY -OF PALM DESERT
T§%0Fr11-7
m
PALM DESERT, C,,
2616 AUG 25 AM 10: 48
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 Laura Vento
ADDRESS
PHONE NO. ( ) ►ATE 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: 3/3/16 b. TIME: 12:15 p.m. c. PLACE (exact and specific
location) Intersection of Monterey Ave., and Hahn Road, Palm Desert, CA 92260.
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 lost; 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. The Traffic Collis.i.on Report has not been released ver_
6. Name and address of any other person(s) injured: Steven Marks.
7. Name and address of the owner of any damaged property: Unknown at this time.
8. 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.):
01
10.
Names and addresses of all witnesses, hospitals, doctors, etc.:
Unknown at this time.
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 556.1).
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 of perjury that the foregoing is TRUE AND
CORRECT.
Signed this day of �� , 20 16 , at Rancho Mirage, California
FATURM OF"CLAIMAINTIS ATTORNEY
essica A. Albert, Esq.
:e of the City Clerk, Palm Desert, California
Page 2 of 2
SIGNATURE OF CLAIMANT
DOC. NO.DATE FILED `2-�-.rJ' -( r,
ATTACHMENT A
3d. How and under what circumstances did damage or injury occur?
On March 3, 2016, at approximately 12:15 p.m., Claimant's 10-year-old son,
Bobby Vento, was a pedestrian crossing the street at the intersection of
Monterey Avenue and Hahn Road when he was struck by a motor vehicle and
killed.
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 wrongful death
of her son 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) the 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
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 bringing about Bobby
Vento's death.
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.
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 has suffered economic and non -economic damages as a result of the
wrongful death of her son, for which she is seeking compensation, according to
proof, including, but not limited to compensation for the following: the loss of
love, companionship, comfort, care, assistance, protection, affection, society,
moral support, training, guidance, financial support, gifts, benefits that Claimant
would have expected to receive, the reasonable value of household services,
and funeral and burial expenses.
8. Damages claimed:
Claimant is claiming compensation for economic and non -economic damages
she suffered as a result of the wrongful death of her son, including, but not
limited to compensation for the following. the loss of love, companionship,
comfort, care, assistance, protection, affection, society, moral support, training,
guidance, financial support, gifts, benefits that Claimant would have expected to
receive, the reasonable value of household services, and funeral and burial
expenses.
Jurisdiction would vest in the Unlimited Superior Court (over $25,000).
CT