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Home My WebLink AboutClaim #670 - L.Cornman CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#670) BY LOREL CORNMAN IN THE AMOUNT OF $6,000,000 SUBMITTED BY: Rachelle Klassen, City Clerk DATE: October 14, 2010 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 670 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. Fiscal Analysis City of Palm Desert participates in the self-insurance pool of the California Joint Powers Insurance Authority (CJPIA). Action to reject the subject Claim does not have a fiscal impact on the City at this time. Submitted by: A roved: Ra elle D. Klassen, CM , City Clerk ohn M. Wohlmuth, City Manager rdk Attachments (as noted) CITY COUNCtLACTION APYROVF,D Z� 1)(?;'4'1�1) RECEIVED �)��H�.,�� MEF,TING DATE ' -/ -�C�/(� AYFS: � �' �� /1 �<- �� — NOES: �%c�/l�. ABSENT: _ I'�1�r1� ABSTAIN: '�`� � VERIFIED E3Y: Original on File with City Clerk's ftice RECEiVED � CIT Y CL�RK'S OFFiCE PALH D�SERT. GA 2Q1Q AUG I 6 aM I(� 14 August 11, 2010 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, C ity Clerk RE: Claim : Cornman vs. The City of Palm Desert Claimant : Lorel Cornman D/Event : 2/8/2010 Rec'd Y/Office : 8/9/2010 Our File : S-1533279-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. If the claimant is represented send the notice to the attorney of record. 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, RREN & COMPA Y � _ �_ 1 Rich D. M arque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS COPY TO b� �r � 770 Placentia Avenue,Placentia,CA 928746832 Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 `S ' n�o h �' �� Phone:(714)572-5200 •(800)572-6900•Fa�c:(714)961-8131 QA-�.E-- O _ � V�c��/� Klassen, Rachelle From: Greenwood, Mark Sent: Tuesday, August 17, 2010 2:17 PM To: Klassen, Rachelle Subject: Claims No. 670 and 671 Rachelle, It is recommended that Claims No. 670 and 671 be denied . Mark Greenwood, P.E. Director of Public Works City of Pa/m Desert 1 �� ,� ��.� �� CI � Y fl � Pfl � �l D � � � � � " 73-510 �Ri:l) WARiNC; 1)KIVI�. +�cer �' ? � � ^�� Pni.M Dr�.siarr, Cn�.i��c�itN�n 9Z26o—Z578 TEL: ']60 346—obi� rnx: 760 340-0574 i n foC��pa I m-descrr.o rg T0� CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, CITY ENGINE�R, RISK MANAGER FROM: CITY CLERK DATE: AUGUST 9, 2010 SUBJECT: CLAIM N0: 670 - CLAIM AGAINST THE CITY B`( LOREL CORNMAN IN THE AMOUNT OF $6,000,000 The attached Claim No. 67Q is being transmitted to you for the foilowing: ❑ Information oniy. or L�' Reviewand recommendation to the Ciaims Review Committee for any action � � required by the City of Palm Desert. We would appreciate your report, if requested, by September 9,2010,for timely response to the Claimant. Note: If there is a current project or contract that may be referenced in this matter, please let me know or provide me with the appropriate materials. { '� � , �� 't'� `�� '� � �,'`. � r ^ ��r•`' /v�;i l'�4 / RACHELLE D. KLASSEN, GMC ` T CITY CLERK � Attachment (as noted) cc/attach: Paul S. Gibson, Director of Finance/City Treasurer n + +rnwrmnxrmnmr�ne . � � � � `�I�"(;t. ��5 Oi�FIC� ClTYOF PALM DESERT . f'FAl. P9 f��.�?T, CA CtAIM AGAINST'THE CITY OF PALM DESER ASSIGNED C�AIM N0.,��2,�� or Damage(s) to Person(s)or Personal Proper�9�� Au� �9 P�� 2� 5 � Received by: via: U.S. l�iai! Interoffice Mail Over-the-Counter � A CLAIM iVIUST BE FILED Vf/ITH THE CITY CLERK OF THE CITY OF PALM DESERT WITHIN 5IX MONTHS AFTER WHICH THE INCIDENT C)R EYENT OCCURRED, BE SURE YOUR CLAIM IS AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PUBLIC ENTI7'Y. VfIHERE SPACE IS INSUFFICIENT, PLEASE USE ADDITIONAL PAPER AAID IDENTIFY INFORMATIC?,CJ BY PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY CLERK CITY OF PALM DESERT 73-510 �RED WARI1�tG DRNE PALM DESERT CA 922b0. TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California: The undersigned respectfuily submit(s) the following ctairn and informatian relative to damage(s) to person(s)and/or personat property: 1. CLAIiKANT INFORMATI�N: NAME R��,,,� . ADDRESS C - �� PHUNE NO. �, � ' DATE O BIRTHc � SOCIAL SECURIT r iv�. _ __ DRIVER'S LICENSE NO.� Z• Name, telephone number and post oftice address to which claimant cfesires notices to be sent, i other than above: ` '+ � ,!� \ �. �S(C� 2-� 3. C)ccurrence or event from which the claim arises: � a. DATE: �"$ b. TIIVIE: c. PLACE (exact and specific location �- d. How and under what circumstances did damage or injury occur? Specify the particular occur�ence, event, act or ommission you claim caused the injury or damage. (Use additiona! pa er if necessary.) ,� ��-�--�'=�-_ e. What particuiar action by the City, or its employees, caused the alleged damage or injury? � Page 1 of 2 � � � d� '1t�3S3C1 �'"1Vd 3�1��b S,��l� �, 1.!;:r Q314��;�� . ' � �"�7 c.� 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 in;uries, state "no i ' ries": 5. Give the name(s) of the City employee(s)causing the damage or injury: _ ('� +{Z- 6. Name and address of any other person(s) injured: _ A v ��.�,..� o a�- �/k°� a n o�-� 7. Name and address of the owner of any damaged property: �4.D �T['t.�.Y�.{V`iPic�' <<� �P8 a 1 0 8. Damages claimed: a. Amount claimed as of this date: $ ��ppp� Cjp�y b. Estimated amount of future costs: $ 3 F�,�, �Qp c. Tota! amount claimed: $ /„4��,�� d. Basis for computation of amounts claimed�inciude copies of al! bills, invoices, estimates, etc.): . �i_ � 9. Names and addresses�of all witnesses, hospitais, dactors, etc.: . � 10. Any additional information, including police reports, which might be helpful in considering this claim: . WARNING:IT IS A CRIMINAL OFFEi�tSE TO FILE A FALSE CLAIM! (PENAL CODE 72; INSURANCE CODE 556.1). � I have read the matters anci 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 beiief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. Signed this day of ,2p �p� at��, «, � . � ' i (".!l✓ � :/...v�:? . 5IG�['�L RE O� C AIMaI[�tT SIGNA URE OF CLAIMANT � Office of the City Clerk, Palm Desert, California DOC. NO. DATE FILED . Page 2 of 2 , 1 JASUN U. COHN, �3ar No. 1)2618 SAAR SWARTZON, Bar No. 198732 2 COHN & SWAI2TZON, P.C. l 851 East Iy irst Strect, Suite 1250 3 Santa Ana, California 92705 1'el: 714 547-5100 4 rax: �714� 547-5424 5 Ar1�"1'ORNI;YS I�OR CLf1IMf1NTS WII,LnRD .10I INSON & LORf;L CORNMf1N 6 7 g GOVERNMENTAL TORT CLA1M 9 10 LOREI. CORNMAN, an individual, and WTLLt�RD JOHNSON, an individual, 11 12 Claimants, ATTACHMENT `A" TO CLAIM FOR 13 DAMAGES -PERSONAL INJURIES (Cal vs. Govt. Code § 910) 14 15 CITY OF PALM DESERT and DOES 1 through 50, inclusive, 16 Respondents. 17 18 19 PLEASE TAKE NOTICE THAT WILLARD JOHNSON and LOREL CORNMAN 20 hereby claiin damages from and against you as follows: 21 1. On or about February 8, 2010, Claimant WILLARD JOHNSON was driving 22 a 2009 Hyundai Elantra in a southerly direction on State Road 74 within the city limits of 23 Palm Desert, County of Riverside, State of California. Claimant LOREL CORNMAN was 24 a passenger in the 2009 Hyundai Elantra being driven by Claimant WILLARD JOHNSON. 25 At said time and place, Tanna Lee Panelc, driving a 2004 Pontiac Grand Am in an easterly 26 direction on Silver Spur Road in the City of Palm Desert, attempted to make a turn onto State 27 Road 74, negligently failing to yield to traffic on State Road 74 and collided with Claimants 28 WILLARD JOI-�NSON and LOREL COItNMAN's vehicle. ATTACHMENT"A"TO CITY OF PALM DESERT CLAIM 1 _ 1 As a result o('the subjeci accident, Claim�nt WILLARD JOHNSON has suffered 2 ninnerous scvere injuries and will continuc to suffer residual injuries for the remainder of his 3 liic. Mcdical bills incurrcd to datc by Claimant WILLARD JOI-1NSON and in thepossession 4 oPthe undcrsigned arc outlined as f'ollows �nd attached hereto as �xhibit "1": 5 1• Desei�. Regional Medical Center $484,981.50 � b. Uesert Traum� Surgeons 12,064.83 7 C1limant WILLARD JOIINSON will incur firture medical bills for treatment reasonably 8 certain to occu�•which will include medical examinations,anti-inflammatory medications and 9 steroid injections for resulting flare ups �nd ex�cerbations, and medical treatment for fears, 10 anxieties and other emotional distress th�t have occurred and will occur as a result of the 11 accident. 12 . As a result of the subject accident, Claimant LOREL CORNMAN has suffered 13 numerous severe injuries and will continue to suffer residual injuries for the remainder ofher 14 life. Medical bills incurred to date by Claimant LOREL COTZNMAN and in the possession 15 of the undersigned are outlined as follows and attached hereto as Exhibit "2": 16 a. Desert Regional Medical Center $735,086.93 17 b. Desert Trauma Surgeons 12,386.50 1 g c. Dr. Louis Stabile/ICON 4,708.24 19 Claimant LOREL CORNMAN will incur future medical bills for treatment reasonably 20 certain to occur which will include medical examinations,anti-inflammatory medications and 21 steroid injections for resulting flare ups and exacerbations, and medical treatment for fears, 22 anxieties and other einotional distress that have occurred and will occur as a result of the 23 accident. 24 The injuries suffered by Claimants WILLARD JpHNSON and LQREL CORNMAN 25 were legally and praximately caused by a dangerous condition of public property. At or 26 about the time of the subject February 8, 2010 traffic accident, State Road 74 was.in a 27 dangerous and defective condition. Due to Respondent's improper design, construction, 28 inspection,re-inspection, evaluation,re-evaluation, monitoring,maintenance, and/or repair ATTACHM�NT"A"TO CITY OF PALM DESERT CLA]M 2 1 of'St�tc Ro�d 74 near the intei•section of Silver Spur Road, and its lacl< of�dequate tr�ffic 2 control signs and devices, vehicles turning o1�to State Road 74 had improper and/or 3 inadec�uate warning to yield to flowing traffic. This.dangerous condition was a foreseeable 4 ris]< of the s�fety to other motorists traveling on State Road 74 at Silver Spur Road. The 5 CITY OF PnI.M DrSERT and its employees and agents created the dangerous conditions 6 or h�d actual or constructive notice of the dangerous conditions, which include but are not 7 limitcd to the 1'ollowing: g A. At the time of the accident in question, there were 9 insufFicient/inadequate roadway lnarkings, warnings, and traffic control devices to warn 10 vehicle drivers to yield to all vehicles traveling on State Road 74. � 1 B. The absence of required,adequate or any roadway markings,warnings, 12 lighting, or iraffic control devices to warn drivers of the dangerous condition. 13 C. State Road 74 at the Silver Spur Road intersection is improperly 1.4 maintained, inspected, surfaced, striped, contoured, signed, regulated, monitored, and/or 15 controlled by the CITY OF PALM DESERST's employees,thereby interfering with the safe 16 operation of motor vehicles. 17 Claimants allege that the dangerous and unsafe condition of State Road 74 at the 18 Silver Spur Road intersection was manifest and obvious, and had been confirmed by other 19 severe�utomobile accidents at the intersection prior to the subject February 8,2010 accident, 20 sueh that the COLJNTY OF RIVERSIDE had been placed on notice thereof, and as a result 21 the severe personal injuries sustained by Claimants WILLARD JOHNSON and LOREL 22 CORNMAN were,at all times relevant and prior to the February 8,2010 accident,reasonably 23 foreseeable to the COLJNTY OF RIVERSIDE in the exercise of due care. 24 Dated: August 6, 2010 COHN & SWARTZON, P.C. 25 26 By. ._--�. - 27 ttorney for Claimants 28 ATTACHMENT"A"TO CITY OF PALM DESERT CLAIM 3 1 PI2UUF OF SLRVICE 2 C.C.1'. § 1013A(3) STATE OF CAL1F012NIA, COUNTY OF OItANGE 3 I �un cmployed in the Couniy of Orangc, Staie of Cali(orni�i. I am over the a�e of 18 and not 4 a party to the within �iciion; my busincss address rs 185] Last t�irst Strcct, Suite 1250, Santa An�, Californi�92705. 5 On August 6,2010,I served the£oregoin�;document described as CLAIM AGAINST THE 6 CITY OF PALM ll�SERT, ATTACHMENT `A" TO CLAIM FOR DAMAGES - P�RSONAL INJURIES(C�1 Govt. Code§910)on all interested parties in this action by placing 7 the true copy thereof, enclosed in a sealed envelope addressed as Follows: 8 City Clerlc City oFPalm Desert 9 73-510 rred Waring Drive Palm Dcsert, Cf192260 10 ll 12 [X] BY MAIL (CERTIFIED MAIL RETURN RECEIPT REQUESTED) 13 [] BY EXPRESS MAIL (OVERNIGHT DELIVERY) 14 I am "readily familiar" with the firm's practice of collection and processing correspondence for inailing, Under that practice it would be deposited with the U.S. postal service on that 15 same day with postage thereon fully prepaid at Santa Ana, California in ihe ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if 16 postal cancellation date or postage meter date is more ihan one day after date of deposit for mailing in affidavit. 17 [J BY PERSONAL SERVTCE: I caused such envelope to be delivered by hand to the 1 g offices of the addressees: 19 [] BY FACSIMILE: I served the above-mentioned documents from Facsimile Machine No.(714)547-5424 to the interested parties at the facsimile numbers 20 as on the"Service List". The facsimile machine I used complied with California Rules of Court 2.306, and no error was reported by my 2� machine. Pursuant to CRC 2.306(h)(4),I caused the machine to print a transinission record of this transaction, a copy of which is attached 22 to this Proof of Service. 23 Executed on August 6, 2010, at Santa Ana, California. 24 , [X] (State) I declare under penalty of perjury under the laws of the State of California that the 25 above is true and correct. /� 26 � _ ,�,_,_. 2� in a Chapman 28 ATTACHMENT"A"TO CITY OF PALM DESERT CLAIM 4 :� ��t ��i �� '�, ��.:. �� '� :�. . ;�;.. :;::-- .� � w n n � � � � � �� o� (� 0 ..�. � � � � � � �� CD �. '7; � r �- Q. � Q, �� c�i� (/� }"' w O �' N(lq `� � f..�.� '� o� (� p �.�.�. o d H tr1 tr! � ��" � � ---�� ' � cn x � -� .-�.�� ,`� yy � w � � �� (� � � _' n � yno � k� a' •��. �� , �, �� ---_ i� y �Z., w a 1�l� � �� V CO � ,-��- � ,.� . H " o' �� 0 O ^y y m ti � �� N ..��. y �� o ��. Cn �� i N C �.� S>GC7 < SA � 3. SD�-+�. � C)oNZ� o. c:rnrnm�v W�,,,,� �,�.�� ,N o � -� � � m