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Home My WebLink AboutClaim #638 - Joe Ann Allen � .m.- ��.,....�. CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#638) BY JOE ANN ALLEN 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. 638 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: RACHELLE D. ASSEN, CMC � SHEILA R.GILLIGAN, A . CITY MANAGER CITY CLERK FOR COMMUNITY SE CES/P.I.O. Ap ved: CITY COtJNCILACTiON Af'YROVED �� nf:NIFD RI;CCIVEn OTHER J M. WOHLMUTH iviEF7'[NG llATE ` a� 'v I MANAGER qyFS; �� e- NOF.S: rdk AI3Sp.NT: AI3STA[N: Attachment (as noted) VF,I21F1F.0 13Y: Orig�nal on Ti1e with City Clerk's Of'tice H:I WPdatal WPDOCSICLAIMSI638-reject-staff report.wpd _ __ �—. , , , _. _t _. , �� , _ . L�Jliy �":1•'� � � �� '_l• ;�`;. April 10, 2009 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, C ity Clerk RE: Claim : Allen vs. The C ity of Palm Desert Claimant : Joe A��n Allen D/Event : 10/25/2008 Rec'd Y/Office : 3/30/2009 Our File . 5-1494093-PMQ 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. I f you have any questions please contact the undersig ned. Very truly yours, CARL WARREN & COMPANY �=-�G�'`�'`-c� l Richar . M arque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS ,.g ��.� l 770 Placentia Avenue,Placentia,CA 928746832 C�PY TO ` Mail:P.O.Box 25180�Santa Ana,Ca 92799-5180 _ � . � � I��_- Phone:(714)572-5200 •(800)572-6900�Fa�c:(714)961-8131 �' G,�s C_ �-F- ! -Z�� _. ..r ;: . . . �", _ . . April 8,2009 � %�3��' �i`3�'i �� ''i� i. t. , w_. GOVERNMENTAL ENTITY PRELIMINARY REPORT TO: Carl Warren & Company PO Box 25180 Santa Ana, CA 92799-5180 Principal: CJPIA Our File: 51494093PMQ City: Palm Desert Date of Loss: 10-25-08 Claimant: Joe Ann Allen Date Received: 4-1-09 Facts: The accident occurred outside the City limits,the City has no responsibility for this loss. The claimant tripped and fell on a sidewalk ledge controlled by Sun City or Riverside County. Government Code Reauirements: a) Date Verified Claim Filed: 3-30-09 b; Action by Public Entity: City to reject the claim. c) Statute of Limitations: 6 months from date of rejection notice. Possible Co-Defendants: Sun City and/or Riverside County. Liabili There is no liability for this claim. Damages• Fractured wrist/hand. Claim: Reserve: 1) LBI—Joe Ann Allen Open Comment/Work to be Comnleted: We have confirmed that the accident occurred outside of the City limits. We are obtaining a City declaration and will forward the declaration tu the cYaimant attorney with a warning on GC 1038. Our further report will follow shortly. Very Truly Yours, CARL WARREN & CO. Pete McNulty cc: CiTy of Palm Desert Attn. Rachelle Klassen cc: CJPIA- Attn.: Executive Director CARL WARREN & CO. An rEmpCoyee-O�wnecfComparry COPY 70 ' E��'`� �� CLAIMS MANAGEMENT . CLAIMS ADJUSTERS D52 770 Placentia Avenue, Placentia, CA 92870-6832 ' Mail: P.O. Box 25180, Santa Ana, CA 92799-5180 DAj� �— � 3 'O`� Phone: (714)572-5200• (800)572-6900• Fax: (714)961-8131 Klassen, Rachelle From: Greenwood, Mark Sent: Friday, April 10, 2009 6:53 PM To: Klassen, Rachelle Subject: Claim No. 638 It is recommended that claim number 638 be rejected as Griffin Drive is not within the City limits and we have no jurisdiction or responsibility in the matter. Mark Greenwood, P.E. Director of Public Works City of Palm Desert � F P � 1. �1 1 . ��' 1� �� F� �� fil �f � .1 . � ; . �� . . 4 �,��, ��. i 1 �a- � k i �i�� '� �� ' ?. , � ��k� , ?� �� i t�� 7 j-5 I O FRED WARING DRIVE PALM DESERT, CALIFORNIA 922C�0-25']$ TBL: 760 346-06�� FAX: �60 39.0-0574 info@palm-desert.org DECLARATION OF JOHN M. WOHLMUTH, CITY MANAGER CITY OF PALM DESERT I, John M. Wohlmuth, declare: I am the City Manager for the City of Palm Desert. I have personal knowledge of the facts contained below and, if called as a witness, could and would testify competently to them. Regarding the claim of Joe Ann Allen, it is my understanding that she is alleging that on 10-25-2008, in the 78300 block of Griffin Drive, she tripped and fell on a sidewalk. This declaration will confirm that the 78300 block of Griffin Drive is outside the City limits of Palm Desert. The location is either privately owned by Sun City or is in the County of Riverside. The City of Palm Desert did not have any responsibility whatsoever for the 78300 block of Griffin Drive on or before 10-25-2008. Additionally, the Sun City and Riverside County are separate and distinct entities from the City of Palm Desert. The City of Palm Desert has no ownership, control or maintenance responsibility for any of Sun City or Riverside County properties. I declare under penalty of perjury under the laws of the State of California that the foregoing � is true and correct. -�^- Execut his�day of � , 2009, at Palm Desert, CA. JO . OHLM H ��'.VRIfliF�OfIPE[VCLEDPAPf11 ��•�� CITY OF PALM DESERT � 73-510 Fred Waring Drive � Palm Desert, California 92260 . , , Tel: (760) 346-0611 Fax: (760) 779-1044 LIABILITY CLAIM ADMINISTRATION FORM The Claim filed against the City by `�'� �� (�°�''` in the amount of$ ��.-�n c�� (not to exceed $5,000.00) was filed on �� c.P� �v,L�� Recommendation to: � Settle claim in the amount of $ � Reject claim. � Adjudicate claim according to insurance recommendation. � Adjudicate claim in another manner. �, , Specify: ��a��i�-, c,� /�� c.cc�..c.�.Y � ��r' ��1 il�f� �5��.-' 'r.�- Recommendation by: ; ��_ .�p,,�c._ �� Name Date ApprovaL• John M. Wohlmuth, City Manager Date Concur: David Erwin, City Attorney Date cc: Claim File, City Clerk Gary Rosenblum, Risk Manager �H � � �� t! � �� 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9 2 2 60-2 5 7H TEL: '�()O 346-06�� Fnx: 76o 34�-�574 i n fo @ p al m-d e s e r t.o rg TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, ACM FOR DEVELOPMENT SERVICES, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: MARCH 30, 2009 SUBJECT: CLAIM NO. 638 - CLAIM AGAINST THE CITY BY JOE ANN ALLEN IN AN UNSPECIFIED AMOUNT The attached Claim No. 638 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 30, 2009, for timely response to the Claimant. Note: If there is a current project or contract that may be referenced in this matter, please let me know or provide me with the appropriate materials. However, based on the information contained in the Claim, I believe this incident occurred outside the jurisdictional boundaries of the City of Palm Desert. Please confirm. � �� r��)`� ,'� �� y ` ��-- � � ,_ RACHELLE D. KLASSEN, CMC CITY CLERK Attachment (as noted) �� 1,PAINtE�ON AF(Y(LEO PRPEP ` '' • �� CITY OF PALM QESERT ASSIGNEQ.CLAIMi �!0.��,:�::'` X • LSi�_r ;-i�.�F.;�_ � -- _ ..>.4=��;�D CiT Y �C3�.FAR�� `S CFFICE 1 LAW OFFICES OF MICHAEL A. SCAFIDDI, INC. P�L-i� C E S£� T, C�� 2 MICHAEL A. SCAFIDDI, ESQ. SBN:188567 2009 h9AR 30 AP110� 33 ANNE S. CHEN,ESQ. SBN: 259671 198 North Arrowhead Avenue, Suite 7 3 San Bernardino, California 92408 Telephone: (909) 771-2307 4 Facsimile: (909) 771-2312 5 Attorneys for Claimant, JOE ANN ALLEN 6 � CLAIM FOR PERSONAL INJURIES a (Under Government Code Section 910) 9 TO: CITY OF PALM DESERT 10 YOU ARE HEREBY NOTIFIED that Joe Ann Allen, whose address is 11 claims damages from the personal injuries she suffered in ia the amount computed as of the date of presentation of this claim in a sum within the 13 jurisdictional limit of the Superior Court. 14 1s This claim is based on an incident that occurred on or about October 25, 2008 at the Sun i6 City Palm Desert Community Association, in the 78300 block of Griffin Drive, located in the 17 City of Palm Desert, County of Riverside, State of California, under the following is circumstances: 19 ao On October 25, 2008 at approximately 10:00 a.m. on Griffin Drive, Palm Desert, 21 California, claimant, while walking on the public sidewalk, adjacent to a fire hydrant, controlled 22 and maintained by the City of Palm Desert, tripped on a raised and uneven portion of the 23 sidewalk that was raised approximately two (2) inches. The uneven raised area was not a trivial 24 defect but was in fact an extensive defect which rendered it a dangerous condition when used by 25 the public at large, including the claimant. That the defect was so extensive that the City of Palm 26 2� Desert went out and repaired the uneven sidewalk area approximately six (6) days after the 2 8 claimant reported her fall. This raised and uneven portion of the sidewalk rendered it dangerous i s ♦ � • 1 and defective and a "Dangerous Condition of Public Property" as defined in the Government a Code of the State of California. Additionally, the City of Palm Desert and unknown name 3 employee/agents had both actual and constructive notice of the dangerous condition of public 4 5 property. 6 That as a direct result of this dangerous condition of public property, claimant Joe Ann � Allen, who while lawfully using the sidewalk in a foreseeable manner, fell forward, striking her s body on the cement sidewalk area and causing severe injuries, which consists of upper lip 9 io contusion resulting in seven(7) stitches, left wrist and hand fractures, rotator cuff tear of the 11 right shoulder, and bruising and scraping of her knees. That as a further direct result of this 12 dangerous condition, claimant, has suffered personal injuries. 13 TOTAL AMOUNT CLAIMED as of date of presentation of this claim is as follows: 14 Claimant: Joe Ann Allen 15 16 Damages: General and Special Damages Total Damages: Within the jurisdictional limit of the Superior Court 17 All notices of other communications with regard to this claim should be sent to ia claimant's attorney, Michael A. Scafiddi of the Law Offices of Michael A. Scafiddi, Inc., 198 19 North Arrowhead Avenue, Suite 7, San Bernardino, California 92408. ao ai 22 Dated: March 26, 2009 �'��1.� �l Michael A. Scafiddi, Esq. 23 Anne S. Chen, Esq. a4 Attorneys for Claimant a 5 // z 6 �� a� // aa a