HomeMy WebLinkAboutClaim No. 553 - Leland BerlinerCITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY (#553) BY LELAND BERLINER IN AN
UNSPECIFIED AMOUNT
DATE: July 14, 2005
CONTENTS: I. Staff Report
II. Claim No. 553
Recommendation:
By Minute Motion, reject the Claim and direct the City Clerk to so notify the
Claimant.
Background:
Based on a review of the subject Claim and the recommendation of the Claims Adjuster,
Risk Manager, City Attorney, and staff, it is recommended that the Claim be rejected.
Discussion of this item should be held in Closed Session pursuant to Government Code Section
54956.9(b), potential litigation.
Submitted by:
Mia A��A�,._
Approved:
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Attachment (as noted)
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Sent By: ;
760 342 5288; Jun-27-05 12:38PM;
Page 1/2
Important Fax for Palm Desert Police
Attn: Traffic Division Superintendent
6/27/05
Please note that last night, I struck a matte purple $.99 Only Store
shopping cart in the middle lane of Hwy. 111 in Palm Desert, CA. at
approx. 8:30pm, just West of Monterey Drive. I was heading East
in my 2002 Ford F-150 pickup truck. Their shopping cart had rolled
down from their parking lot into the Hwy. I I I street. No barrier is
present to prevent their shopping carts from entering Hwy. 111.
Carl Neff (my passenger) and I came to a stop on Monterey Avenue
after the impact, grabbed the shopping cart and took it to the store
manager in Palm Desert (Claudia). She took the cart, took pictures
of my truck, the cart, etc., and she then instructed her employee (in a
blue shirt) to go and grab any other carts that were in the roadway.
(Note: at closing time last night, there were numerous shopping
carts still left in their parking lot, and they were not taken into any
holding area. These carts could have potentially caused additional
accidents, as they all have the potential of rolling down into Hwy.
111. Three of your officers eventually were on the scene with the
same thought in their mind; If a motorcyclist had hit a cart and this
caused a fatality, this would have been a major problem.)
Since the shopping cart was not chrome like a supermarket shopping
cart, it was a non -reflective target. So, until the very last minute, my
passenger or I did not see it. My speed was approx. 45mph. upon
impact. The metal handrail of the shopping cart hit my trucks'
hood, and the rest of the cart damaged the front of my truck
(including the bumper, left headlight, grill, wind deflector, license
plate holder, etc.).
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760 342 5288; Jun-27-05 12:38PM; Page 212
Your Deputy was called by me to take a report, and when the first
officer arrived (Deputy Randy Paulsen, Badge # 1802, Traffic
Division), he told us that this was the 3rd incident he was taking a
report on, and maybe the 4rh in total for your division. Obviously,
this was not the first time this had happened. He informed us that he
had written a letter to Corporate and to his office that this was a
potential problem area for the Risk Assessment Office of Palm
Desert to address, and that a barrier of some type (possibly a
concrete bumper?) would need to be constructed in the $.99 Only
Store's parking lot to eliminate the risk of the carts ending up in
Hwy. 111. According to his discussion with Claudia last night, she
knew nothing of any type of work planned to the parking lot to
eliminate this problem. This is unfortunate.
My truck is damaged by no fault of my own. I am a licensed driver
iit the State of California, I have full -coverage insurance & was
wearing my seatbelt, and I was breaking no laws prior to impact of
your shopping cart. I am a business owner in Indio and need my
truck for work and deliveries.
Please contact me immediately to discuss this incident. The
Corporate Offices for $.99 Only Store have been contacted and
notified by my office of the incident and I am waiting for their
response in regard to paying for the damage that they caused by
their neglect to address a problem that they are fully aware of.
Most Respectfully,
Leland Berliner
Owner, All Valley BBQ, Spa & Patio
(760) 342-5277 Phone
Traffic Report Number T05177078
f:ECEIYED
CIT 1' CLERKS OFFICE
PALM DESERT. CA
2005 JUL 0 1 AN 10: 08
June 28, 2005
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TO: The City of Palm Desert
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ATTENTION: Rachelle D.Klassen, City Clerk
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RE: Claim
Berliner vs. The City of Palm Desert
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Claimant
Leland Berliner
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D/Event
6/26/2005
Rec'd Y/Office
6/27/2005
Our File
S-302542-DBQ
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned.
Very truly yours,
9
cc: CJPIA w/enc.
Attn.: Executive Director
ARREN & COMPANY
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The City Drive Ste 400 Orange, CA 92868
Mail: P.O. Boa 25180 Santa Ana, Ca 92799-5180
Phone. (714) 740-7999 Frt. 140 (800) 572-6900 Fax (714) 740-9412