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Home My WebLink AboutClaim #637 - Joe Lyn Dorsey-Colcasure CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: CLAIM AGAINST THE CITY(#637� BY JOE LYN DORSEY-COLCLASURE IN AN UNSPECIFIED AMOUNT SUBMITTED BY: Rachelle Klassen, City Clerk DATE: April 23, 2009 CONTENTS: I. Staff Report II. Recommendations of Claims Administrators and Staff III. Claim No. 637 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: � ACHELLE D. KLASSEN, MC HEILA R. IL AN, T. CITY MANAGER CITY CLERK FOR COMMUNITY SE ICES/P.I.O. Appr ed: CITY COIJNCILACTION AYNROVED DF,NIFn RECCIVED OTHFR J . WOHLMUTH MF.ETING DATE � a �-C� I MANAGER AYF,S: � � �rdk NOES:�nn� � � AI3SENT: 1y�n�. Attachment (as noted) A�3STAIN: '` VERIFIF.D I3Y: ' �' � Original on File with City Clerk's Oftice H:IWPdataIWPDOCSICLAI MSI637-reject-staff report.wpd � • , �`,._ �:�f'�.7 �;i1� " �C:�: "`=�;; 'S �F�IC� r Pf:L�� t�ESE� i , C<i 2009 P9AR 3 I PM 12� 2U March 28, 2009 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim : Dorsesy-Colclasure vs. The City of Palm Desert C�aimant : J�e Dorszsy-Colciasure D/Event : 11/16/2008 Rec'd Y/Office : 11/17/2008 Our File : 5-1487323-RQ 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 WA,RREN & COMPANY � �, /`��`�`--�._ Richard . Marque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS COPY TO � �i'c�i 770 Pfacentia Avenue,Placentia,CA 92870-G832 � �n� 4� Mail:P.O.Box 25180 •Santa Ana,Ca 92799-5180 � Phone:(714)572-5200 •(800)572-G900•Fax:(714)9G9-8131 �?�'�"� �— �j�- Q� � � �� ' �! i-- � �� gt��; {.g �„ r � � �.. '�` �` . . > lF ,. ? [t F,_ i�� f� � t. s� � � �., `_ 73-5 I o FRED WARING DRIVE PALM DESERT� CALIFORNIA 922C)0-2578 ` � r TEL: 76� 346-06�� FAX: 'JC�O 340-0574 i nfo@palm-desert.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, ACM FOR REDEVELOPMENT , DIRECTOR OF REDEVELOPMENT & HOUSING, DIRECTOR OF HOUSING, RISK MANAGER FROM: CITY CLERK DATE: MARCH 23, 2009 SUBJECT: CLAIM NO.; 637' - CLAIM AGAINST THE CITY BY JOE LYN DORSEY-COLCLASURE IN AN UNSPECIFIED AMOUNT The attached Claim No. 637 is being transmitted to you for the following: ❑ Information only. or � 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 April 23, 2009, for timely response to the Claimant. Note: ln the report provided to Claims Adjusters Carl Warren & Co., a copy of the RPM Company Agreement for Housing Authority Property Management for January 1, 2007, through December 31, 2008 (Contract No. HA25970), was included. If you would like a M,�,� copy of the agreement for your reference in this matter, please let me know. �,,,4..� 31y�� `'� S �� V` �&N',,''"� � �� .� RACHELLE D. KLASSEN, CMC � CITY CLERK Attachment(s) (as noted) (��IRINIFOON AE(Y(lFD 1APER ' ° C!T`(OF. Pr ' ASSiGNEQ.CLAIM I`d0. ,�� . �:.� ..� � , ' �` r �; ��i<2'_: �':� � '•✓C i !t✓� 1 THOMAS T. ANDERSON, A PC �' " �'�; �'��'�� ` ' `{ ATTORNEYS AT LAW 2 45926 OASIS STREET 2�0� �:�R 2� �i'�i �� L INDIO,CALIFORNIA 92201-4591 TELEPHONE(760)347-3364 3 FACSIMiLE(760)347—5572 E-MAIL: TTAPC@aol.com 4 THOMAS T. ANDERSON, SBN 26443 5 6 Attorney for Claimant 7 8 9 10 11 JOE LYN DORSEY-COLCLASURE, ) CASE NO. 12 � Claimant, ) CLAIM FOR PERSONAL INJURIES 13 vs. ) 14 ) [Gov. Code Section 910] ) 15 Defendants. ) ) 16 TO THE CITY COUNCIL, CITY OF PALM DESERT: 17 You are hereby notified that JOE LYN DORSEY-COLCLASURE, whose 18 address is , claims 19 � damages from the City of Palm Desert, California. 20 This claim is based on personal injuries sustained by claimant on or about 21 November 16, 2008, in the vicinity of 77107 California Drive, Apartment C-14, 22 Palm Desert, CA 92211, under the following circumstances: 23 On November 16, 2008 claimant was attempting to use a gas stove that 24 was furnished in said apartment. In the morning, claimant turned on the control 25 to ignite said stove and after going to the bathroom, returned and realized the 26 burner was not lit. Claimant then turned the burner to the "off' position and in so 27 doing the striker came on and an explosion occurred. This explosion engulfed 28 the claimant's body. -1- CLAIM FOR PERSONAL INJURIES [Gov. Code Section 910] 1 The name(s) of the public employee(s) causing claimant's injuries under 2 the described circumstances are: Unknown at this time. 3 The injuries sustained by claimant, as far as known, as of the date of 4 presentation of this claim, consist of third degree burns on 49% of claimant's 5 body. 6 All notices and communications regarding this claim should be sent to Law 7 Offices of Thomas T. Anderson, APC, 45-926 Oasis Street, Indio, CA 92201. 8 DATED: March 19, 2009 THOMAS T. ANDERSON, A PC 9 Attorneys for Claimant 10 ___ _ By 11 THOMAS T. A ERSON 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- CLAIM FOR PERSONAL INJURIES [Gov. Code Section 910] Case No: PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE I am employed in the County of Riverside, State of California. I am over the age of 18 and not a party to the within action; my business address is 45926 Oasis Street, Indio, California 92201-4591. I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Post Office. On this date, I caused to be served the following document: CLAIM FOR PERSONAL INJURIES [GOV. CODE SECTION 910] /XX/ MAIL: by placing a true copy thereof enclosed in a sealed envelope with first class postage thereon fully prepaid in the United States Post Office at Indio, California, addressed as set forth below: City Clerk/City Council (Via Certified Mail/Return Receipt Requested) City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 /_/ PERSONAL DELIVERY: by causing to be hand-delivered, a true copy thereof to the person at the address set forth below. /_/ OVERNIGHT DELIVERY: by placing a true copy thereof enclosed in a sealed envelope with postage fully prepaid at a pick-up located in Indio, California, addressed as set forth below. /_/ FACSIMILE: by telecopying a true copy thereof to the party at the facsimile number as set forth below. /XX/ STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on March 19, 2009, at Indio, California. ` _� '`''��' -w""� SY IA ESQUIVEL � � ��-,�-. .. , » �_� : ,t ' �;��=l�� ' � ��- �`� � .,�. "��'�� = �3 December 1, 2008 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim . L�orsesy-Colclasure vs. T�e City of Palrr� Deszrt Claimant : Joe Dorsesy-Colclasure D/Event : 11/16/2008 Reported Date : 11/17/2008 Our File : 5-1487323-RQ This will acknowledge receipt of information concerning the captioned POT�NTIAL claim. We will conduct a limited investigation. No action is required of the city at this time. • TAKE NO ACTION: Defer any written response to this potential claimant pending our further advice. If you have any questions please contact the undersigned or the adjuster assigned to investigate this cas Very truly yours, CARL WARREN & COM ANY E Ric d D. Marque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS �Qp�'TO � E�'� 770 Placentia Avenue,Placentia,CA 92870-G832 MaiL P.O.Box 25180 •Santa Ana,Ca 92799-5180 "' Phone:(714)572-5200 •(800)572-6900•Fa�:(714)9G1-813] �pi..`.E � .� ' � � . `�'�L`J� �.Sc� ��