HomeMy WebLinkAbout003 2021-07-07 DIARY REVIEW Re Sherry Rick Mesa DOL 03252021 Claim 3012624.pdf1
Gloria Sanchez
From:Rice, William <WRice@carlwarren.com>
Sent:Wednesday, July 7, 2021 1:25 PM
To:Varon, Tim
Cc:Gaugush, Cora
Subject:Re: Sherry & Rick Mesa DOL 03/25/2021 Claim 3012624
Tim,
DIARY REVIEW
Event: This is a bodily injury and loss of consortium claim that was submitted by counsel for the claimants regarding a trip
and fall incident that occurred in a pothole in a City parking lot.
Statute of Limitations: 03/25/2023
Action plan items from last review and status:
1. On 05/17/2021 I submitted our ISO Claim Search on the claimants. No alerts or matches
were provided. Sherry Mesa does not appear to be Medicare eligible as her reported
age is 63. Rick Mesa age is 72 (05-31-1948) which appears to make him Medicare
eligible.
2. We have confirmed City maintenance of the parking lot on behalf of the owners. The
City has no formal inspection program for parking lots. They were aware of the pothole
conditions in the parking lot as they had previously made repairs in May 2019 to the
entire parking lot and apparently overlooked the one involved in this loss.
Coverage: Confirmed under the MOC.
Liability Review: I view this as a case of probable liability on the part of the City for its failure to maintain the parking lot
involved in this loss. City crews were in the area repairing the parking lot potholes and did not repair the pothole that the
claimant later stepped into. The claimant will have comparative issues for inattention when proceeding in the parking lot.
The pothole dept appears to be up to a 4 ¾ inches from the City provided photographs.
Damages Review – Property Damage: None
Bodily Injury Alleged: Sherry Mesa – Fractured ankle/foot with resulting surgery.
Rick Mesa – Loss on consortium.
Submitted Medical Bills: None. The Rawlings Company for Blue Shield has provided notice of their lien in which they
report the medical invoices for the fractured ankle were reduced to about $12,000.00.
Considered: The claimant is reported to be currently undergoing physical therapy.
Residuals: Unknown
Loss of Earnings Alleged: Yes. No specific amount or support has been provided.
Reserve Review: $50,000.00 & $10,000.00 - Appears adequate in light of the injuries, facts, and client protocol.
Updated Action Plan:
1. Secure sufficient medical information within which to evaluate this case for possible
settlement on a comparative basis.
2. 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
PO Box 2411, Tustin, CA 92781
Office: (657) 622-4319 | Fax: (866) 254-4423
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