HomeMy WebLinkAboutBrooks, Steve - Claim.pdfCLAIM AGAINST THE CITY OF PALM DESERT
For Damage(s) to Person(s) or Personal Property
ASSIGNED CLAIM NO.
Received by: Via: U.S. MAIL Interoffice Mail
Over -the -Counter
A claim must be filed with the City Clerk of the City of Palm Desert within six (6) months
after which the incident or event occurred. Be sure your claim is against the City of Palm
Desert, not another public entity. Where space is insufficient, please use additional paper
and Identify information by paragraph number. Completed claims must be mailed
or delivered to the City Clerk, City of Palm Desert, 73-510 Fred Waring Drive,
Palm Desert, CA 92260
TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF PALM DESERT, CALIFORNIA:
The undersigned respectfully submit(s) the following claim and information relative to damage(s) to
person(s) and/or personal property:
1. CLAIMANT !a RMATIO
NAME 4.60 li, Veil
ADDRESS 6r}I 44Q,�ahp lz2.
PHONE NO. (3't,9) L]22- DATE OF BIRTH:�'�'
SOCIAL SECURITY N
RIVER'S LICENSE NO /j/�2ti�H'1� Q /►�}�
2. Name, telephone number and post office address to which claimant desires notices to be sent, if
different than above:
3. Occurrence or event
a. DATE:
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ich a claim arise� s: -i
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c PLACE (Exact and spe ific locatio{�)
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d. How and under what circumstances did damage or injury roccur? Specify the fculai
occurrence, event, act or omission you claim caused the injury or damage. (Use additional
paper if necessary.)
e. What p. •F'cular cti; n by toe Cit , or it employees, cause
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ge or injury?
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Page 1 of 2
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4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as
it may be known at the time of presentation of the claim. If there were no injuriek state "no injuries":
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5. iv the ame(s) of the City mployee(s) causing the damage or in ury: l)c,45 i lk,..'i c 'mot jA
6. Name and address of any other person(s) injured:
7 Name and address of the vnei of any cligaged pro erty:
Damages Claimed:sJr� �� t�� +���•
a. Amount claimed as of this date:
b. Estimated amount of future costs:
c. Total amount claimed:
d. Basis for computation of amounts claimed (include copies of all bills, inv• ces, estimates, etc.):
9.
r {Vames and address ofall
lwitnesses, hos itals, doctors, etc.:
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10. Any ag p p t be helpful in considering this cTai '� o
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additional information, including
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WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (CALIFORNIA PENAL;lg.( r.)
CODE 72 AND CALIFORNIA INSURANCE CODE)
I have read the matters and statements made in the above claim, and I know the same to be true of my
own knowledge, except as to those matters stated upon information or belief as to such matters, I believe the
same to be true. l certify under penalty of perjury that the foregoing is TRUE AND CORRECT. C Signed thib day of l "kccL , 20 2 Z, at �l h� 1� It rf.t1
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SIGNATURE OF CLAIMA' T SIGNATURE OF CLAIMANT
Office of the City Clerk, Palm Desert, California DOC. NO.
Page 2 of 2
DATE FILED
Claim Against the City of Palm Desert
Addendum:
3/9/2022
I've been going to the Pet Spaw Grooming in Palm Desert four times a year for the past six
years.
After I pick up my dog, I always walk him a few shops down to the first grass patch to relieve
himself before we drive home.
I walked the same path that I always walk. As I turned around to walk back to my car I tripped
and fell flat on my face and hit the ground hard.
There was construction going on in the parking lot, including the planter box that has the path
that I walk through.
Just before I tripped, I saw two people kissing just a couple of feet away from me on the
sidewalk right next to the planter box. After I hit the ground and came to, I heard those two
people ask if they can help me up. They asked me what happen. At first, I wasn't sure because I
didn't see what I tripped over, but as soon as I looked down, I saw two sharp metal steaks in
the ground with tangled wire holding up a two by four that looked like it was holding up fresh
cement. They pointed out to me that my toe was bleeding really bad. Then the guy said that he
was an attorney, and I said I just want to get home and stop the bleeding, and out of the
embracement of falling I just wanted to get out of there. I was in shock. I declined their help but
regret it now.
If I was greedy and sue happy, I would have excepted their help. I'm not. That's why I declined.
When I sat in my car, I saw how bad my toe was bleeding. I had no band aids and I had to drive
home. I blotted the blood as I was driving with a pack of 20 facemasks that I had in my car.
The pain was intense at this point. I bloodied both feet/toes and hurt both knees, neck, back,
head, nose, eye, jaw and my left hand. My anxiety and PTSD kicked in. I didn't want to throw a
fit. I just wanted to get home drop my dog off and go to the doctor.
I have severe PTSD do to almost dying during my first of two open-heart valve replacements, as
well as a plethora of other medical disabilities that I have.
I have many preexisting conditions, too many to list here, and many of my preexisting
conditions got aggravated by this fall. I also have new pains that I never had before I tripped
over this sloppy construction nightmare.
I'm also on blood thinners and I panicked that I had internal bleeding in my head, but I was
afraid to go to a hospital because I'm at extremely high risk of getting Covid, and if I do I doubt I
would make it.
When I got home, I realized that my nose cartilage was tender and bloody. My lower left tooth
hurt, my eye popped a blood vessel, my left hand, neck and back were getting worse.
I also triggered my bursitis in my knees, and my arthritis especially in my feet and toes got
incredibly more painful. My toenail is digging in the flesh on my toe and the pain is excruciating.
I didn't see any signs, cones, tape or anything telling me not to walk where I always walk.
After I tripped and fell and on the way to my car, I looked for a construction worker, but that
entire east section was abandon. No construction workers were around, and I was losing a lot
of blood and had to get home.
I went back to the spot two days later to take pictures and get a better look at where I fell. At
that point I did see one orange cone on the sidewalk close by, covering some new metal
post/things sticking out of the sidewalk, but nothing to do with the planter, and I saw one
orange post with a no parking sign on it, hidden behind a palm tree, and that also had nothing
to do with the planter box, and I saw two rocks the day I came back that looked like they had
just been placed nearby. I don't remember seeing those things on the day I tripped and fell, but
I can't say for sure if they were all placed there after my fall, or if they were there when I fell.
The bottom line is that I saw nothing telling me not to walk where I always walk, at least I don't
recall seeing any signs. There was no signage in or around the planter box. Again, two days later
there were two signs nearby, that had nothing to do with the planter box just nearby.
I have anxiety and serious health issues. I really don't want to pursue this, but I feel like I have
no choice. I don't know how long my new, and intensified pain will last, and how long it will
take me to heat
I saw and photographed many Osha violations at the construction site. That parking lot is a
dangerous place, and after reading about it, they had problems there before, and they should
have known about the dangers and done something about it.
I only want what's fair. I'm not looking to get rich. This accident set me back and put me out in
many ways. I'm still in massive pain. I still have several doctors' appointments scheduled and
set up over the next few weeks.
The photos attached are only a few. I have more. Some of the photos were taken the day of the
fall, and some were taken when I went back to take pictures two days later. The ones with the
orange post and cone nearby were taken when I went back two days later, and some of the pics
of my wounds were taken the day of the fall, and some a week or so after my fall.
I'm looking for a fair and amicable way for the City OF Palm Desert, the contracted contractor
for the project, and possibly the shop owners to make me whole again.
I hurt myself do to The City of Palm Desert's negligence, period!
Steve Brooks
323-422-8711
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REPAIR!
ALTERATIONS