HomeMy WebLinkAbout2021-08-04 email CW to CG Brett Klein DOL 12_19_2020 Claim 3015741From:Rice, William
To:Varon, Tim
Cc:Cora Gaugush
Subject:Brett Klein DOL 12/19/2020 Claim 3015741
Date:Tuesday, August 3, 2021 4:01:31 PM
Tim,
DIARY REVIEW
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:
1. The City has confirmed jurisdiction of the bike lane and reports that the
they have no maintenance records. Two service requests were created
resulting in repairs. The first was created 12/21/2020 for 41919 Via Aregio
pavement issue in bike lane at N/B Portola with one-inch lip on the
pavement. The lip was ground down on 01/05/2021. The lane widths are
approximately as follows: northbound #1 – 12 feet; northbound #2 – 11
feet; northbound bike lane – 7 feet; center turn lane – 11 feet;
southbound #1 – 12 feet; southbound #2 – 12 feet; southbound right turn
lane – 9 feet. The posted speed limit is 50 MPH.
2. On 06/22/2021 I submitted our ISO Claim Search on the claimant. No
matches or alerts were located. He does not appear to be Medicare
eligible due to his reported age of 59 (08/05/1961).
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: Fractured clavicle and six ribs with leg and knee lacerations and contusions.
Submitted Medical Bills: Eisenhower Medical Center for 12/19/2020 ER care at $24,520.43 reduced
to $4,200.69,
Desert Regional Medical Center for 12/19-20/2020 service at $55,101.00 reduced to
$11,683.89. Recent referral to Orthopedic doctor for evaluation and physical therapy.
Considered: Note probable on-going long-term medical issues during recovery.
Residuals: Possible malunion of the fractured clavicle.
Loss of Earnings Alleged: Yes
Reserve Review: $100,000.00 Appears adequate based on current available information and client
protocol.
Updated Action Plan:
1. Secure the Traffic Collision Report to support our liability decision.
2. Obtain sufficient medical information within which to attempt to resolve
his matter to avoid litigation.
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
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