HomeMy WebLinkAbout2022-01-10 Re_ Brett Klein DOL 12_19_2020 Claim 3015741From:Rice, William
To:Varon, Tim
Cc:Cora Gaugush
Subject:Re: Brett Klein DOL 12/19/2020 Claim 3015741
Date:Friday, January 7, 2022 3:50:22 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 provided the Cal-Fire Interagency Report of Incident and Dispatch Action. Detail
Report - All Segment. Location 41890 Portola Ave Palm Desert. 911 Caller Trey (323) 697-
1781. Call 12/19/2020 8:10:17. Traumatic injuries - A Fire report person Joshua M Scott. 2
bicyclists went down. 1 injury, knee & shoulder injury. Not dangerous body area. Responding
to a 59-year-old male conscious, breathing. EMD only.
2. We have had no further contact from the claimant attorney’s office.
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. Obtain sufficient medical information within which to attempt to resolve his matter to avoid
litigation.
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
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