HomeMy WebLinkAboutClaim #565 Lu Cille KellyNIc
CITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY (#565) BY LU CILLE KELLY IN THE AMOUNT
OF $1,650,000
DATE: October 12, 2006
CONTENTS: I. Staff Report
II. Claim No. 565
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:
CHE LED.
CITY CLERK
Approved:
SSEN, CMC
CARLOSL L. • ' EGA
CITY MANAGER
rdk
Attachment (as noted)
SHEILA R. GILLI e • N, •,.�j. CITY MANAGER
FOR COMMUNITY SE
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ES/P.I.O.
H:IWPdataIWPDOCSICLAIMS1565-reject staff report.wpd
September 10, 2006
TO: The City of Palm Desert
ATTENTION: Rachelle D.Klassen, City Clerk
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
Kelly vs. The City of Palm Desert
Lu Cille Kelly
4/ 17/2006
8/24/2006
S-1430659-RQ
RECEIVED
CITY CLERK'S OFFICE
PALM DESERT, CA
2006 SEP 15 AM II t 35
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,
CARL WARREN & COMPANY
ictfard D. Marque
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO. �f�L`}
CLAIMS MANAGEMENT CLAIMS ADJUSTERS COPY TO 1J 7
770 Placentia Avenue, Placentia, CA 92870-6832
Mud: P.O. Box 25180 - Santa Ana, Ca 92799-5180
Phone: (714) 572-5200 • (800) 572-6900 • Fax: (714) 961-8131 DATE
Page 1 of 1
Klassen, Rachelle
From: Greenwood, Mark
Sent: Wednesday, September 13, 2006 11:25 AM
To: Klassen, Rachelle
Subject: Claims
Rachelle,
Public Works Department recommendations are:
Glaim No.`56*, 'Deny. There is no required standard for curb height.
Claim No. 566 - Deny. Traffic control was not set or maintained by City forces, the counter report sketch indicates it was
CVWD forces therefore, it is recommended that the claim be referred to CVWD.
Claim No. 567 - Deny. The flagger in question was likely an employee of CVWD's sewer contractor therefore, the claim
should be referred to CVWD.
Mark Greenwood, P.E.
Director of Public Works
9/ 13/2006
CITY Of Pill M DHIRT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL:760 346—o6il
FAX: 760 340-0574
infoCzpalm-dewrt.org
TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY,
ACM FOR DEVELOPMENT SERVICES, DIRECTOR OF PUBLIC WORKS,
CITY ENGINEER, RISK MANAGER
FROM: CITY CLERK
DATE: SEPTEMBER 5, 2006
SUBJECT: CLAIM NO.565 -CLAIM AGAINST THE CITY BY LU CILLE KELLY IN THE
AMOUNT OF $1,650,000 (CARL WARREN & CO. FILE NO. 1430659 RQ)*
The attached Claim No. 565 is being transmitted to you for the following:
❑ Information only.
or
IN. Review and recommendation to the Claims Review Committee for any action
required by the City of Palm Desert.
We would appreciate your report, if requested, by October 5, 2006, for timely response
to the Claimant.
RACHELLE D. KLASSEN, CMC
CITY CLERK
Attachment {as noted)
* I have requested the photographs specified as being included with the Claim
as indicated in the Form's Item No. 10.
Q* Mft.."hM
SAN DIEGO OFFICE
00 WEST GRAND AVENUE, SUITE 301
ESCONDIDO. CALIFORNIA 92025
(760) 739-9939
REPLY TO: ORANGE OFFICE
DRwSt�R�-
95 kGN V .C1:AIM N0. ;�
LAW OFFICES
NORDSTROM, STEELE, NICOLETTE AND BLYTHE
PA1M DESERT OFFICE
770 THE CITY DRIVE SOUTH 72-960 FRED WARING DRIVE. SUITE 21
SUITE 3000 PALM DESERT. CALIFORNIA 92260
ORANGE, CALIFORNIA 92868-4927 c760> 837-1884
TELEPHONE (714) 750-1010 RONALD L MOTLEY
TELECOPIER (714) 750-0786 OFCOUNSEL
The City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
August 24, 2006
FILE NO.
SENT VIA U.S. MAIL and CERTIFIES MAIL WITH
RETURN RECEIPT REQUESTED
Re: In Re Claim of Lu Cille Kelly
Dear Sir/Madam:
Enclosed herein please find the claim submitted on behalf of Lu Cille Kelly as a
result of an accident that occurred on April 17, 2006. Please conform a copy of the
enclosed claim and forward to our office at your earliest convenience in the enclosed
stamped envelope.
Your professional courtesy and cooperation in this regard are greatly
appreciated. Should you have any questions, please do not hesitate to contact the
undersigned.
Very truly yours,
NO , STEELE,
NI.�OLE LYTHE
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FPP/papc
Enclosure
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CITY OF PALM DESERT
ASSIGNED CLAIM NO. ,
CLAIM AGAINST THE CITY OF PALM DESERT
(For Damage(s) to Person(s) or Personal Property)
Received by:
via: U.S. Mail Interoffice Mail Over -the -Counter
A CLAIM MUST BE FILM Wi 1 H 1 Ht d—YY CLERK OF -NE CITY OF PALM DESERT WITHIN SIX
MONTHS AFTER WHICH THE INCIDENT OR EVENT OCCURRED. BE SURE YOUR CLAIM LS
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 INFORMATION:
NAME Lu Cille Kelly
ADDRESS -' `, Palm Desert, CA 92260
PHONE NO. ( ' - �_ _ un I'E OF BIRTH: 1 / 13 / 192U
SOCIAL SECURI i Y NO. I - DRIVER'S LICENSE NO.
2. Name, telephone number and post office address to which claimant desires notices to be
sent, if other than above:
Alan K. Nicolette, NORDSTROM, STEELE, NICOLETTE AND BLYTHE
770 The City Dr So Ste 3000, Orange, CA 92868
(714) 750-1010
3. Occurrence or event from which the claim arises:
a. DATE: April 17, 2006. TIME: 12:00 PM c. PLACE (exact and specific
location) in front or Minuteman cress, /J-bbO Hwy 111, Palm Desert
d. How and under what circumstances did damage or injury occur? Specify the particular
occurrence, event, act or ommission you claim caused the injury or damage. (Use
additional paper if necessary.) Claimant was approaching the curb of the
sidewalk located in front on Minuteman Press. She stepped up the
curb and due to the excessive curb height, she missed the
sidewalk.
e. What particular action by the City, or its employees, caused the alleged damage or
injury? Claimant contends that the City negligently designed,
built, repairedt mana ed, maintained, and or conr-roilea the
sidewalk, including t e curb of the sidewalk. The curb was
excessive in height and in violation of relevant building codes:
Page 1 of 2 (PLEASE REFER TO ATTAo»r A)
AUG-24-2006 04:00 PM 582455363559 760 346 6300 P.01
CITY OF PALM DESERT
ASSIGNED CLAIM NO.5G 5
t By, taw Gtliee; 714 750 078E; ♦ug-24-08 AiGi PM; Page 1/1
4. •Give • a Seem! scription ad the ineeDtedMss�: obit stlm��.•%p ry,: daR�+!Scjj _qr. a, iticurred
so far as It rostim y be known at the e cc pra*hU1ti4A Ct' the ClalA1. ,•.•u tMC� JK� f1p .
lriJuriea, �ti►tc,!'f10 inj�lrles"i Claimant fractured both' arm9 ard`•' both
f6buYde a, among otners. LtscoverT ana invebtxfazioa .ars
continu=n `
f. Give the names; V1 the City ernppl�oyee(s) t damage or injuryt
City of Palm) Deeext Publte idd::ko 01visiori-
i. IV nie' irid' iddr sa' of any`b`tlsei�`p'ersdnts)'InJuridt. '..:?fame. other . ..:.
.' Name and adekesi bf r e' oiv '' ``. .
Damages elaimccu ...
a. - Mivunt cldim d4s dt.. hiv Qatic
b. Estimatbtl am Punt of future ebsu: S i t u v v V. v
c. Total amount Jaime* 3 i. o 3 u, v v.V . v v
d. 6saia for coi iputation of :mounts Maimed (lnc uds coplea os W1 bull6 trivolces,
estimates, et h 90nearl Dama esi $1,3S0 �00.00
... ... ,......�isa�.Cat •lzxpai�sas uu .• ,.. .
Names and,addresa�es'..bi:e1 ::W,�tiibsfci,.FlCi�pltsl�; .diD�ctor°si errs. Ater W;L'-1o�ir,. Meager
at I�Ii�ti t�i iaix+• A 'sQia' ' "73�6b0" lfiv�►" ell' t Palm Dodezz, �t _.LJC&UL L i�C�'tu,a�al
ca atsteel�r 1 N ind3an..�an tta r tm sp�r_i_a,� cam;shund�.sP .
zraL whtdf.'' U V ttop__Flopd Dr, Xanc o ��xx� cWt, da ruritiin&_'
=d Rafmfi . Polm 9prinits... C� ,
Any wdditlonaJ ini mavlanf,. fne-Judihs..P611, * i1*pvftsti .*WQh Might .be helpful. ii1 considering
this claims vho aaxaphs of the scone attached herein.
►►nnnNcwrr Z A CRi I114AL CWFENSk TO "LE A_ FA.L3E CLAIMit CPF.�w� CODL 7�
mvs read the. maears ar �d stat*rnorts tnad.- in the above- clainvp and I know the .sacmrw be true of
V own 4nowled5s, except as to those matters. Stated upon.44.ormation or belief 43, •to such matters
mHOVe the same to">be true.''i �er'tify'unddr Oros tj► of perjury that the foregoingis..TRUE AND
)RRECT: / ;•..
;nee. skits ' day b!i;,,t : '" .. ; 20ti .et.c:P�ul (�,✓.1��" . .
;:I4h'1 UItC CLAIMAN1
Z:► Ill.i ! '1 ' 5!G{1FATURE Cyk
floe of the City Clerk, alm Desert, Califorrda DOC. No. DATE FILED.
CITY OF PALM DESERT
�
ASSIGNED CLAIM NO.
ATTACHMENT A
It is further claimant's contention that the City or its employees were in violation
of Government Code section 835, which provides
Except as provided by statute, a public entity is liable for injury caused by a
dangerous condition of its property if the plaintiff establishes that the property
was in a dangerous condition at the time of the injury, that the injury was
proximately caused by the dangerous condition, that the dangerous condition
created a reasonably foreseeable risk of the kind of injury which was
incurred, and that either:
(a) A negligent or wrongful act or omission of an employee of
the public entity within the scope of his employment created
the dangerous condition; or
(b) The public entity had actual or constructive notice of the
dangerous condition under Section 835.2 a sufficient time
prior to the injury to have taken measures to protect against
the dangerous condition.
At said time and place, the City carelessly and negligently constructed, built,
made, supervised, placed, operated, controlled, maintained, repaired and/or develop
the said sidewalk including, but not limited to the curb so as to cause plaintiff personal
injury and damages. It is claimant's information and belief that the City negligently
hired, entrusted, trained, employed and/or instructed its employees and further, failed to
provide any warning signs at/or near the premises where the incident occurred. The
City knew or should have known that the height differential of the curb without any signs
or warnings thereof, was negligence and the failure to warn claimant constituted a
dangerous condition and an unreasonable risk of harm of which claimant was at all
times herein mentioned unaware. The City failed to take steps to either make the
condition safe or warn plaintiff of the dangerous condition, all of which caused plaintiff
to trip and fall resulting in damages and injuries as described.
L;: trill �0