HomeMy WebLinkAboutRe_ Brett Klein DOL 12_19_2020 Claim 3015741 12.08.22Tim,
DIARY REVIEW – BI Demand – Authority Request
Event: This is a bodily injury claim that was submitted by counsel for the claimant regarding a solo bicycle accident in which the claimant rode over an asphalt lip obstruction for a
driveway in the bike lane, lost control and fell injuring himself.
Statute of Limitations: 12/19/2022
Action plan items from last review and status:
On 12/01/2022 we received a $150,000.00 bodily injury settlement demand from the claimant attorney. The recoverable Phia Group medical lien expenses total $26,325.64 from $102,354.34
in invoices. Wage loss is projected at $6,952.00. The total damages are $33,327.64.
Coverage: Confirmed under the MOC.
Liability Review: I view this as a case of probable liability on the part of the City for their failure to properly construct and maintain the road surface of the bike lane.
Damages Review – Property Damage: Unknown bicycle damages.
Bodily Injury: Brett Duane Klein - 61 - DOB: 08/05/1961 – Male - 6’2” – 193lb.
Domestic partner Sean Rhodes
Fractured clavicle and six ribs with leg and knee lacerations and contusions.
Submitted Medical Bills: American Medical Response for ambulance on 12/192020 at $2,429.58 reduced to $2,186.62,
City of Palm Desert for EMT on 12/18/2020 at $1,968.23 reduced to $1,771.41,
Eisenhower Medical Center for 12/19/2020 ER care at $24,520.43 reduced to $4,200.69 and 12/28/2020 to 08/15/2021,
Desert Regional Medical Center for 12/19-20/2020 service at $55,101.00 reduced to $11,683.89,
Desert Trauma Surgeon on 12/19/2020 at $650.00 reduced to $86..04 & 12/20/2020 at $250.00 reduced to $143.25,
Golden State Imaging Assoc for 12/19/2020 for $604.00 reduced to $1139.00 & 12/20/2020 for $109.00 reduced to $18.55
Dr. Hughes for Desert Orthopedic evaluations on 12/28/2020, 12/31/2020, 01/28/2021 & 03/04/2021,
Dr. Bell for consults on 12/29/2020, 01/15/2021, 02/02/2021, 03/02/2021, 05/04/2021, 09/07/2021 & 10/07/2021,
Louis Stabile, MD, Inc. for 12/20/2020 at $425.00 reduced to $127.00,
Resa Nazemi, MD., for 09/20/2021 for $748.00 reduced to $300.52
Stephen Anthony Krupey for (14) physical therapies 08/24/202 – 07/25/2022.
Considered: The claimant completed non-operative treatment and returned to work full time on 04/03/2021. He has a history of HIV, asthma, malignant melanoma of skin, reflux disease,
insomnia, restless legs syndrome and mixed hyperlipidemia along with other conditions.
Residuals: Limited left shoulder movement due to malunion of the fractured clavicle. Pain and numbness in the left shoulder, arm, and wrist. Pain and permanent scars to left knee and
leg.
Loss of Earnings Alleged: Yes, 12-weeks at $6,952.00 as a Clinics Marketing Specialist at Eisenhower Medical Center. The submitted documents appear to support their demand.
Reserve Review: $125,000.00 Appears adequate based on current available information, reported damages, and client protocol.
Updated Action Plan:
1. I request bodily injury settlement authority up to the amount of $125,000.00 to attempt to resolve his matter to avoid litigation in which the statute is approaching 12/19/2022.
2. Await any possible action by claimant attorney.
3. I will evaluate for liability and exposure to recommend further handling and monitor the file for the Statute of Limitations.
Subrogation Referral: N/A
William Rice | Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
PO Box 2411, Tustin, CA 92781
Office: (657) 622-4319 | Fax: (866) 254-4423
Because Quality and Integrity Matter... please EMAIL <mailto:tvaron@carlwarren.com> my Supervisor about the service you received.
________________________________
Important Notice: This e-mail (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 e-mail 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, e-mail, 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 e-mail. It is your responsibility to check this e-mail (including any attachments) for viruses.
obtain another copy of the audio and
video received on a CD from Palm Desert Police – Case No. T201630135.
However, she needs the audio and video in a MP3 and MP4 format to be
able to duplicate and listen to.
I will let you take it from here – thank you.
Have a great week.
M. Gloria Sanchez
Acting City Clerk
Ph: 760.346.0611 Direct: 760.776.6354
gsanchez@cityofpalmdesert.org <mailto:%20gsanchez@cityofpalmdesert.org>
From: Rocha, Grace <grocha@cityofpalmdesert.org
<mailto:grocha@cityofpalmdesert.org> >
Sent: Sunday, December 13, 2020 9:13 AM
To: publicentityclaims@carlwarren.com
<mailto:publicentityclaims@carlwarren.com>
Cc: Bynder, Randy <rbynder@cityofpalmdesert.org
<mailto:rbynder@cityofpalmdesert.org> >; Firestine, Andy
<afirestine@cityofpalmdesert.org
<mailto:afirestine@cityofpalmdesert.org> >; Stendell, Ryan
<rstendell@cityofpalmdesert.org <mailto:rstendell@cityofpalmdesert.org>
>; Garcia, Tom <tgarcia@cityofpalmdesert.org
<mailto:tgarcia@cityofpalmdesert.org> >; Aryan, Stephen
<saryan@cityofpalmdesert.org <mailto:saryan@cityofpalmdesert.org> >;
Carney, Lori <lcarney@cityofpalmdesert.org
<mailto:lcarney@cityofpalmdesert.org> >; Sanchez, Gloria
<gsanchez@cityofpalmdesert.org <mailto:gsanchez@cityofpalmdesert.org> >;
Robert W Hargreaves (RWHargreaves@bbklaw.com
<mailto:RWHargreaves@bbklaw.com> ) <Robert.Hargreaves@bbklaw.com
<mailto:Robert.Hargreaves@bbklaw.com> >
Subject: CLAIM No. 840 - Catharine Nancy Reed on behalf of Estate of
Sandford Reed and all Legal Heirs
Attached for your information and/or appropriate action are:
* Copy of Liability Claim Against City of Palm Desert by
Catharine Nancy Reed on behalf of Estate of Sanford Reed
* Copy of Contract No. C38780 – Law Enforcement Services
between the City of Pam Desert and Riverside County Sheriff’s Department
Please let me know what further information or assistance we may
provide in this matter.
Grace L. Rocha
Acting City Clerk
Ph: 760.346.0611 Direct: 760.776.6487
grocha@cityofpalmdesert.org <mailto:%20grocha@cityofpalmdesert.org>
www.cityofpalmdesert.org
<http://www.cityofpalmdesert.org/>
<https://www.facebook.com/PalmDesert>
<https://www.twitter.com/visitPalmDesert>
Install the Palm Desert In Touch app to stay in touch with your
community
Android
<https://play.google.com/store/apps/details?id=com.citysourced.palmdeser
tca> Apple
<https://itunes.apple.com/us/app/citysourced/id1050783895>
Mobile Web <https://palmdesertca.citysourced.com/mobile/default.aspx>