HomeMy WebLinkAboutRE_ Status of the overhanging hazards.msgHi Steve,
The file is currently under review for assignment to a panel attorney, however, I reached out to Mr. Pisarczyk directly to explain to him that Carl Warren and Company handles claims
for the City, and that he has been improperly contacting you, as you do not process the claims. I went onto explain that as he was claiming over $800k in damages that that amount was
a non-starter and that the claim has been rejected to protect the interests of the City. He wanted to know if we would discuss settlement for a lesser amount, and I explained that
we could certainly be open to that. He then asked what the City would pay, and I explained that there was no way for us to comment on that as he has not submitted any medical billing
or records, and that there is still a question of liability. He said he was open to sending in the meds for our review, and is dead set on the branch not meeting ADA requirements.
I didn’t address the liability with him, and the City’s strongest defense is that the condition is open and obvious, but I will run it by the attorney that gets assigned to see if
there is any potential liability exposure to us regarding the branch in question. He made some veiled threats about contacting the State and Feds about the tree being in non-compliance,
and I told him that it was my understanding that the branch was already removed. He also said that he would talk to a lawyer before he sent in the meds, but I got the impression that
it was another tactic he was trying to use to get us to throw money at him. He also mentioned that he had a previous issue with a location in Palm Desert that wouldn’t allow him to
play pickleball because he had a cane, and that a settlement was made with him. I suspect that due to that prior claim he’s emboldened in trying to get money from the City, but that
if we stay firm with him in terms of our processing of the claim that he’ll eventually come to a more reasonable position. I get the sense that he’s looking for a quick and easy payday.
We certainly won’t be making any settlements unless it turns out that there is a liability exposure to the City, and that we would need to verify the extent of his injuries.
If Mr. Pisarczyk contacts you further, please direct him our way, but once the attorney is assigned on this file we will have him follow through on your request for a drafted response
letter.
Thank you!
Tim
Tim Varon | Claims Supervisor
Carl Warren & Company, LLC | A Venbrook Company
PO Box 2411, Tustin, CA 92781
Office: (951) 465-4551 | Fax: (866) 254-4423
Because Quality and Integrity Matter... please EMAIL <mailto:ckustra@carlwarren.com> my Supervisor about the service you received.
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From: Steve Aryan <saryan@cityofpalmdesert.org>
Sent: Thursday, December 2, 2021 10:34 AM
To: Stroud, Laurie <LStroud@carlwarren.com>
Cc: Varon, Tim <TVaron@carlwarren.com>; Alex Mellor <amellor@cjpia.org>; Cora Gaugush <cgaugush@cityofpalmdesert.org>
Subject: FW: Status of the overhanging hazards
Thank you for speaking to me yesterday Laurie. Can your attorney please provide a draft response I can send Mr. Gizmo, as he is asking for a response to several items? Thank you!
Stephen
Stephen Y. Aryan
Community Resource Manager
Ph: 760.346.0611 Direct: 760.776.6326
saryan@cityofpalmdesert.org <mailto:%20saryan@cityofpalmdesert.org>
From: Gizmo Man <gizmo007man@gmail.com <mailto:gizmo007man@gmail.com> >
Sent: Friday, November 19, 2021 12:59 PM
To: Steve Aryan <saryan@cityofpalmdesert.org <mailto:saryan@cityofpalmdesert.org> >
Subject: Re: Status of the overhanging hazards
Yesterday, I received an unsigned letter from Laurie Stroud, Senior Claims Examiner stating that "your claim has been rejected based on the fact that the tree in question was open and
obvious. You failed to keep safe look out while walking to ensure your safety."
I am asking you as the ADA coordinator for the city of Palm Desert is this the final decision of the city? The ADA, as well as other federal construction guidelines require that trees
have a minimum safe passage of 6 feet 8 inches of clearance. The ada under its protrusion requirements, require any protrusion over 4" with a minimum height of 27" to 80 " be provided
for the public at all times regardless of their status of either being handicapped or not. ( I called the DOJ and spoke to one of their volunteer staff). I can go on to cite the city's
own published statements on how they protect the public and comply with the ADA. You also state you follow the nationally published desert pruning standards .
The point is I am a disabled person with an issue that requires me to be constantly looking down to find any differences in the surface I am walking on due to a condition called foot
drop. I am unable to lift my left foot like a "normal" person. If I catch any uneven surface I fall or trip. My knees and hips are both injured from the number of times I have caught
my foot on an uneven surface.
The fact that Ms. Stroud stated "you failed to keep safe look out while walking to ensure your safety." is NOT the standard set by the ADA or other Federal construction requirement or
the Desert pruning manual. It is up to the owner of the property to ensure that the roadways and sidewalks are free from obstructions and protrusions. I was told in essence in a second
letter to file a court action.
So Is this the way the city wants to go? Ignore the fact that it failed to protect the residents and its visitors? Failed to follow the ADA. Failed to have an encompassing ADA program.
Failed to follow the desert pruning standards? I haven't looked at whether state laws/requirements have been violated, but normally, the state is much more restrictive than the federal
gov't in these matters.
What would Ms. Stroud have told me if I was a BLIND person. It was my fault for not using my cane to feel above me instead of below me.
Let me know ASAP so I can proceed .
Walter V. Pisarczyk
360-909-6515
On Fri, Oct 1, 2021 at 4:03 PM Gizmo Man <gizmo007man@gmail.com <mailto:gizmo007man@gmail.com> > wrote:
HI: Was wondering if any action has been taken by the city to eliminate the overhanging hazards i.e. the large branches at Freedom Park.
Thanks for any information you can provide.
Walt P.
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