HomeMy WebLinkAboutClaim #671 W.L. Johnson CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY (#671) BY WILLARD L. JOHNSON 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. 671
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: roved:
�
R chelle D. Klas en, C C, City Clerk J h . Wohlmuth, City Manager
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CITY COUNCILACT ON
Attachments (as noted) API'ROVF,D - � � nr�vtrn
RECEIVED OTHEI2
M1F.FTI�G DATE � �I - �ofo
AYES: '� � � i ri� �P�' c
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ABSENT: �!1�
ABSTAIN:- N r��.�� _
VF.RIFIED BY;— �2-.� l�'C3
Original on File with City Clerk s Office '
��C�'1VED
!:iT Y �LERK�s o�FicE
PALM DESERT, CA
�a�o auc i� aM i i= i a
August 11, 2010
TO: The City of Palm Desert
ATTENTION: Rachelle D.Klassen, C ity Clerk
RE: Claim : Johnson vs. The C ity of Palm Desert
Claimant : Willard L. Johnson
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,
C ARREN & COMPAN
Richa D. Marque
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO. GpPY TO � � ��n
CLAIMS MANAGEMENT CLAIMS AD J U STER S - 05��V 1 c.�m
770 Placencia Avenue,Placentia,CA 9287a6832 � Q
Mail:P.O.Box 25180•Santa Ana,c�9��99-s�so pqjE /� - / � � �a( �
Phone:(714)572-5200 •(800)572-6900•Fax:(714)961-8131
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
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TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY,
DIRECTOR OF PUBLIC WORKS, CITY ENGINEER, RISK MANAGER
FROM: CITY CLERK
DATE: AUGUST 9, 2010
SUBJECT: CLAIM NO. 671 -CLAIM AGAINST THE CITY BY WILLARD L. JOHNSON
IN THE AMOUNT OF $6,000,000
The attached Claim No. 671 is being transmitted to you for the following:
❑ lnformation 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 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. _ ;�:r�, �j
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RACHELLE D. KLASSEN, CMC �� `
CITY CLERK , ��;'�`�``',
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Attachment (as noted)
cc/attach: Paul S. Gibson, Director of Finance/City Treasurer
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. f:9�f 1'` �L.E(�1�'S OFFlCE ClTY OF PALM DESERT
!'Pa E_P'� u E��.�7. �A ASSIGNED CLAIM N0.,��.�,
CLAIM AGAIIVST THE CITY OF PALM D�1F�j��� _9 PN 2� S I
(For Damage(s) to Person(s) or Personal 4�S5�Y -
Received 6y:
via: U.S. Mail Interoffice Mail Over-the-Counter
A CLAIM MUST BE FILED WITH THE CITY CLERI� OF THE CITY OF PALM DESERT WITHIN SIK
MONTHS AF'tER WHICH THE INCIDENT CtR EYENT OCCURRED. BE SURE YOUR CLAIM 1S
AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PUBLIC ENTITY. 'WHERE SPACE LS
INSUFFICIENT, PLEASE USE ADDITIONAL PAPER AND IDENTIFY IlVF4RMATION BY
PARAGRAPH iVUMBEi2. C�3MPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY
CLERK, CITY OF PALM QESERT, 73-510 �RED WAIZING DRIYE, PALM DESERT, CA 92260
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm.Desert, California:
The undersigned respectfully submit(s) the fo!lowing claim and information relative to damage(s) to
person(s)and/or personal property:
1. CLAIMANT INFORMATION:
NAME i � ���sr:a./
ADDRESS
. ( �e._sF �=r u�'r ' J.
PHONE NO: ' ' . DATE OF BIRTH: � �
SOCIAL SECuK1 CY NO. � DRIVER'S LIC�NSE�1Q0. '�
— __� i
2. Name, telephbne number and post office address to wiiich claimant desires notices to be
sent, i other than above:
` � �'1 CLl�
.-S�c� �2�
3. Occurrence or event from which the claim arises:
a. DATE: �`$ b. TIt�IE: c. PLACE (exact and specific
location
�—
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 pa er if necessary.)
�� ,�r,ss�-� tv�..�si.��1L��o$.�,
e. What particutar action by the City, or its empluyees, caused the alieged damago�or {,
injury? �,�� �
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4.� Give a general description of the indebtedness, obligation, injury, damage, or loss incurred
so far as it may be known at the time of presentation of the claim. If there�were no
injuries, state "no i'�'ries":
- � ��.�.��a.�.�
5. Give the name(s) of the City employee(s) causing the damage or injury: l� ({�-
6. Name and address of any other person(s) injured: �c��,,,•,4��_(, ,�n„���t-`�hp n o �
7. Name and address of th_e_owAner of any damaged property:
— ��Y� M�21t$ ��� p� o �
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8. Damages claimed:
a. Amount claimed as of this date: $ ����a ppZZ�
b. Estimated amount of future costs: $ �3 �,�p �ap
c. Total amount claimed: � ���,��
d. Basis for computation of amounts claimed include copies of all bills, invoices,
estimates, etc.): �
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9. Names and addresses of al! witnesses, hospitats, doctors, etc.:
� ���t- g o �.;
10. Any additional information, including police reparts, which might be helpful in considering
this ciaim: .
WARNING:IT IS A CRIMINAL OFFENSE T� FILE A FALSE CLAIM! (PENAL Ct�DE 72;
INSURANCE CODE 556.1). �
I have read the matters and statements made in the above claim, and t know the same to be true of
my own knowledge, except as to those matters stated upon information ar betief 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 �p�� ,20 tic>, at ��, �. [�}.
T_.�__..____._r
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SI f� URE OF CLAIMaIN � �� SIGNA URE O CLAIMANT
Office of the City Clerk, Palrn Desert, California DOC. NO. DATE FILED �
Page 2 of 2
1 JASON D. COIIN, Bar No. 192618
SAf1R SWAR"C70N, B�r No. 198732
2 COHN & SWARTZ�N,1'.C.
1851 l��ist First Street, Suite 1250
3 Santa An�, CaliFornia 92705
Tel: (714) 547-5100
4 Fax: (714) 547-5424
5 AT'1'ORNI;YS FOR CLAIMANTS
WILLAIZI� ,10IiNSON & L�RFL CORNMAN
C
7
8 GOVERNMENTAL TORT CLAIM
9
10 LOREI� CORNMAN, an individual, and
WILLARD JOI-�NSON, an individual,
I1
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,
I6
Respondents.
17 )
18
19 PLEASE TAKE NOTICE THAT WILLARD JOHNSON and LOREL CORNMAN
20 hereby claim 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 ciiy limits of
23 Palm Desert, County of Riverside, State of California. Claimant LOREL CORNMAN was
24 a passenger in lhe 2009 Hyundai Elantra being driven by Claimant WILLARD JOHNS�N,
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 JOHNSON and LOREL CORNMAN's vehicle.
ATTACHMENT"A"TO C1TY OF PALM DESERT CLAIM
1
1 As a result of the subject accident, Claiinant WILLARD JOHNSON has suflered
2 numerous severe injuries and will continue to suFier residual injuries for thc remainder ol'his
3 li1c. Mcdical bills incurred to date by C'laimant WILLARU JOI INSON and in the possession
4 ol'the u�ldersigned �re outlined as follows and ati�ched hcrcto �s Lxhibit "1":
5 a. Desert Regional Medical Center $484,981.50
6 b. Desert Trauma Surgeons 12,064.83
7 Claimani WILLARD JOHNSON will incur fut��re medical bills for treatment reasonably
8 certain to occur which will include medical examinations,anti-inflam�natory medications and
9 steroid injections for resulting flare ups and exacerbations, and medica] treatment for fears,
10 anxieties and other emotional distress that 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 cantinue to suffer residual injuries for the remainder of her
14 life. Medical bills incurred to date by Claimant LOREL CORNMAN 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
,
18 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
2l steroid injections for resulting flare ups and exacerbations, and inedical treatinent for fears,
22 anxieties and other emotional distress that have occurred and will occur as a result of the
23 accident.
24 The injuries suffered by Claimants WILLARD JOHNSON and LOREL CORNMAN
25 were legally and proximately caused by a dangerous condition oF public property. At or
26 about the time of the subject rebruary 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
ATTACHMENT"A"TO CITY OF PALM DESERT CLAIM
2
1 of Sta1c Road 74 near the intersection oI�Silvcr Spur Road, and its lack of adequate traftic
2 control signs and devices, vehicies iurning onto State Road 74 had improper and/or
3 inadequate warning to yield to flowing traffic. This dangerous condition was a foreseeable
4 rislc of the safety to other moiorists traveling on State Road 74 at Silver Spur Road. The
5 CI'I'Y OF Pf1I,M DE;SERT and its employees and agents creatcd the dangerous conditions
6 or had actual or constructivc notice of thc dangerous conditions, which include but are noi
7 limited to the following:
8 A. Ai the time of the accident in question, there were
9 insufficient/inadequate roadway marl<ings, warnings, and traffic control devices to warn
10 vehicle drivers to yield to all vehicles traveling on State Road 74.
11 B. The absence of required,�dequate or any roadway markings,warnings,
12 lighting, or traffic control devices to warn drivers of the dangerous condition.
13 C. State Road 74 at the Silver Spur Road intersection is improperly
14 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 confrmed by other
19 severe automobile accidents at the intersection prior to the subject February 8,2010 accident,
20 such that the COI7NTY 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 COIJNTY 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 AALM DESERT CLAIM
3
1 P1tOOF OF SERVICE
C.GP. § 1013A(3)
2
STA7'F OF CALIF012NIA, COUNTY OF ORANGE
3
1 am cmployed in the County of Orange, Staie of California. I am over the a�;c of 18 and not
4 a party to the within action; my business address is 1851 East First Streei, Suite ]250, Santa Ana,
CaliPornia 92705.
5
On Atigust 6,2010,I served the foregoing document described as CLAIM AGAINST THE
6 CI1'Y OF 1'ALM 1)ESERT, ATTACHMENT `A" TO CLAIM FOR DAMAGES -
PERSONAL INJUI2IES(Cal Govt.Code§910)on all interested parties in this action by placing
7 the tnre copy thereof, enclosed in a sealed envelope addressed as follows:
8 City Clerk
City of Palm Desert
9 73-510 Pred Waring Drive
Pa(m Descrt, CA 922(0
10
11
12 [X] BY MAIL (CERTIFIED MAIL RETURN RECEIPT REQUESTED)
13 [] BY EXPRESS MAIL (OVERNIGHT DELIVERI')
l 4 I am "readily Familiar" with the firm's practice of collection and processing correspondence
for nzailing. 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, Califonlia in the ordinary course
of business. I a�n aware that on motion of the party served, service is presumed invalid if
16 postal cancellation date or postage meter date is more than one day after date of deposit for
inailing in affidavit.
17
[) BY PERSONAL SERVICE: 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 2.30b, and no error was reported by my
2� machine. Pursuant to CRC 2.306(h}(4),I caused the machine to print
a transmission 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 o he State of California that the
25 above is true and correct. ;
26 � ^
27
L'` da hapman
28
ATTACHMENT"A"TO CITY OF PALM DESERT CLAIM
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