HomeMy WebLinkAboutClaim #673 - J.A.McDonald CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY (#673) BY JOHN ANTHONY McDONALD IN
THE AMOUNT OF $1,500,000
SUBMITTED BY: Rachelle Klassen, City Clerk
DATE: October 28, 2010
CONTENTS: • Staff Report
• Recommendations of Claims Adjusters and Staff
• Claim No. 673
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: Approved:
. `
Ra hel e D. Klassen, C , City Clerk J n Wohlmuth, C� anager
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Attachments (as noted) CITY COUNCILACa'ION
APPROVF,D �� D1?N1F,D__„
RECEIVED OTHER
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VERIFIED BY:
Original on File with City Clerk's ffice
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September 27, 2010
TO: The City of Palm Desert
ATTENTION: Rachelle D.Klassen, C ity Clerk
RE: Claim : McDonald vs. The C ity of Palm Desert
Claimant : John Anthony McDonald
DBvent : 3/31/2010
Rec'd Y/Office : 9/20/2010
Our File : 5-1536863-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 WARREN & CO PANY
�
Ri ard D. M arque
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WAl�,REN & CO. .
CLAIMS MANAGEMENT CLAIMS ADJUSTERS COPY TO / '"��LL%r I ,
770 Placentia Avenue,Placentia,CA 928746832 '�_ )\��f�"/ l�L.`{}'I
Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 / �
Phone:(714)572-5200 •(800)572-6900•Fax:(714)961-8131 dATE. C! ,�``/ :��.�'/ t_' �
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TO: CJPIA (c/o CARL WARREN & CO,), CITY MANAGER, CITY ATTORNEY,
ACM FOR REDEVELOPMENT, DIRECTOR OF HOUSING,
RiSK MANAGER
FROM: CITY CLERK
DATE: SEPTEMBER 20, 2010
SUBJECT: CLAIM NO. 673 - CLAIM AGAINST THE CITY BY
JOHN ANTHONY McDONALD IN THE AMOUNT OF $1,500,000
The attached Claim No. 673 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 October 20, 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. i,
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RACHELLE D. KLASSEN, CMC �` �
CITY CLERK
Attachment (as noted)
cc: Paul S, Gibson, Director of Finance/City Treasurer
..
;��,������ `�I7Y OF PALM QESERT
�» Y +�LE�I�'S ��F SIGNED CLAIM NO,,.�Fz.�-�,._.�,` .
CLAIM AGAINST THE CITY OF PALM DESEI�T '���-M ��'���� ��
(For Damage(s) ta Person(s) or Personal Property)
2a�a s�P �20 �M i i= 2 i
Received by:
via: U.S. Mai! Interoffice Mail Over-the-Counter
A CLAIM MUS't HE FILED WITH?HE �CITY CLERK OF THE CITY OF PALM DESERT WITHIN SIX
MONTHS AFTER WHICH ?HE INCIDENT OR EVENT OCCURRED. BE SURE YOUR CLAIM IS
AGAINST THE CITY OF PALM DESERT, NOT ANOTHER P[IBLIC ENTITY. Q/HERE SPACE IS
INSUFFICIEh1T, PLEASE USE ADDITIONAL PAPER AND IDENTIFY INFURMATION HY
PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED 70 THE CITY
CLERK, CITY C1F PALM DESERT, 73-510 FRED 'WARING DRIVE, PALM DE5ERT,CA 92260.
TO THE HONORABLE MAYDR AND CITY COUNCIL, City of Palm Desert, California:
The undersigned respectfully submit(s) the following claim and information relative to damage(s) ta
person(s)and/or personal property:
1. CLAIMANT llVFORMATION;
NAME JOHN ANTHONY McDONALD
ADDRESS ' � - � ��
PHONE NO. C 1 � UH 1� c�r ntt�c i n.
SOCIAL SECURITY N0. - �- DRIVER'S LICENSE NO.
2. t�fame, telephone number and post o#fice address to which ciaimant desires notices to be
sent, if other than abave:
ROBERT J. TOBIAS, ESQ. , RF�ERT J. TOBIAS, A PROFESSIONAL CORPQ�ATION
1541 Ocean Avenue, Su�.te 200, Santa Monica CA 90401
310-451-4849 Tel; 310-395-4810 Fax
3. Occurrence or event from which the claim arises:
Discovered on 03/31/20I0 (and axisting prio t }
a. DATE: c, rPLt�CE (exact and specific �
location� residence :of Claimant:
75456 Oran e Blossom Lane
a m esert 11
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.) Airborne illnesses acquired as a result of
black mold exposure due to fungal growth originating from residential
leakage (prolonged) as a result of voorlv constructed residence (including
appurtenances thereof) . Condition apparently existed for a lengthy period
of time and continued. I did not discover nor have reason to discover
its cause until on or about 03-31-2010.
e. What particular action by the City, or its employees, caused the alleged damage or
injury? Maintenance failure of drainage system(s) ; defective construction;
negligent maintenance; negligent planning / desisn supervision•
ownership bv Palm Desert
Page 1 of 2
� ��,�
4. Give a general description of the indebtedness, ubligation, injury, damage, or loss incurred
so far as it may be known at the time of presentation of #he claim. If there were no
irtjuries, state "no injuries": Airborne illness(es) ac uired by Claimant including:
Various symptoms and il nesses requiring ei x�na�ions, es ing an e�sive
me ca care.
5. Give the name(s) of the Cit employee(s) causing the dama e or injury:
Unknown; Palm Desert Af�ordable Housing Project(s�; P.D. Ite eve opmen gency
6. Name and address of any other gerson(s) injured:
Mother: Kathy Seacrist, 75456 Orange Blossom ane, Pa m Desert, C 1
7. Name and address of the owner of any damaged property:
Claimant (see ��l herein)
S. Damages claimed: 1,000,000.00
a. Amount claimed as of this date: $
b. Estimated amount of future costs: � 500.000.00
c. Total amount claimed:
d. Basis for computation of amounts claimed include c�ies of all bills, invaices,
estimates, etc.): Medical bills of $50,000 to date; uture medicals and
general damages constitute a ance see ocumentat on enc ose attac e .
9. Names and addresses of all witnesses, hospitals, dactors, etc.:
Please see attached list.
10. Any additional information, including police reports, which might be helpful in considering
thisclaim: State Disabilitv Insurance (SDI) Claim; USAA Claim (as attached) .
WARNING:I"f LS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! {PENAL CODE 72;
INSURAtVCE CODE 556.1).
I have read the matters and statements made in the above claim, and I know the same to be true of
my own knowledge, except as to those matters stated upon information or belief as to such matters
I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND
CORRECT.
Signed this 16th day of Septem _ �20 10 � at Santa Monica, California
�
�i t�1 SIGNATUR� OF CLAIMANT
OBIAS, At orney for Claimant, JOHN ANTHONY McDONALD
Office of the City Clerk, Palm Desert, California DOC. NO. DATE FILED
Page 2 of 2
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ATTACHMENT TO CLAIM FOR JOHN AN'THONY McDONALD,DOB: 12-2i-i9�o
MEDICAL SPECIALS DETAIL: MEDICAL PROVIDERS(NAMES&ADDRESSES�
1. Lowell Reynolds,MD
Center For Pain Management
i14o6 Loma Linda Drive,Suite 300
Loma Linda,CA 92354
�909)58-62i1
2. Maria Aldridge-Kreuzer,MD
Loma Linda University Family Medical Group
25455$arton Road,Snite 2o1-A
Lc�ma Linda,CA 9a354
�909)558-6658 �
3. J.Paul Jacobson,MD
Loma Linda University Medical Center(Radiology)
i1234 Anderson Street#B623
Loma Linda,CA 92354
�909)558-4394
4. Silvio Hoshek,MD
Neurosurgery
Riverside County Regional Medical Center
2652o Cactus Ave.
Moreno Valley,CA 92555
(951)486-4460
5. Eisenhower Imaging Center 3900o Bob Hope Drive Rancho Mirage,CA
922�0
�760)674-3850
6. Eisenhower Medical Center S9ooa Bob Hope Drive Rancho Mirage,CA
922j0
(760)34o-ggii
Mehran Elly,MD Mehrdad Abassi,MD
John Szabo,MD Jerry Chang,MD
Jennifer Alonzo-Duwalter,MD David B.Hoenig,MD
�. Mark A.Mobley,DDS
41-592 Indian Trail Suite A Rancho Mirage,CA 922�0
Phone: �60-341-i4�g
Fax: �6o-568-4i2o
-� ���
LAW O�"FICES
ROBERT J. ToBiAs
A PROFESSIONAL CORPORATION
1541 OCEAN AVENUE, 2"� FLOOR TELEPHONE: (310) 451-4849
SANTA MONICA, CALIFORNIA �J0401-2104 FAX: (310) 395-4H10
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CERTIFIED MAIL - RETURN RECEIF'T REQUESTED ,,. �,f,-�
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City Cierk � =��'�
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Attn: Rach�lle Klassen �, ��
73510 Fred Waring Drive — ��
Pa[m Desert, t;A �22£iU
Re: Claim of John Anthony McDonald
Please find City of Palm Desert Clairn Form and pertinent attachments thereto
on behalf of our client, John Anthony McDonald enclos�d with this letter.
Please kindly direct ai! inquiries to this �ffice.
S�r�cere�y,
__--
ROBEFi�i� J. TOBIAS
RJT:Iac