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Home My WebLink AboutClaim 732 - E.Diehl CITY OF PALM DESERT �— C CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#732) BY ERIK DIEHL, A MINOR, IN THE AMOUNT OF $2,000,000 SUBMITTED BY: Rachelle Klassen, City Clerk DATE: December 12, 2013 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 732 Recommendation By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant's representative. 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, MM , City Clerk J hn M. Wohlmuth, City Manager rdk C1 COUNCIL ACTIQN Attachments (as noted) APPROVED __✓_____pF,NTF,D RECEIVED OTHF,R MEI?TINC DATE - i�2-�G�13 AYF,S: {-I �; � NOES:.61��_ AI3SF,IVT: �1on� A13STAIN: � '�'E12lFIF.D 13Y: �l�� Original on Filc wifh Cih� �'��.�r��;."s t)f#��°� , �: �, �, ,:., �� .,.n �� ,Ga.�. ��m� � .,,�� M� ,, .:� . � ��/1� R��,�� cir� r.L��; ��: or� i::.e P�',I �1 n:- , ; . C�'� C:ANI� WANftFN & CUMPANY ?013 O�C -2 Ph! 3� 22 C',laims Marla�ernent ar7d Solutforis November 25, 2013 TO: City of Palm Desert ATTF,NTION: Rachelle D. Klassen, MMC, City Clerk RE: Claim : Diehl v. Pa1m Desert Claimant : Erik Diehl,a minor Member . City of Palm Desert Date Rec'd by Mbr : 11/21/13 Date of Event : 9/1/13 CW File Number : 1$70681 PMQ Dear Rachelle: Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action: • CLAIM REJECTION: Send a standard rejection letter to the claimant's attorney, Girardi& Keese. Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned supervisor. Very truly yours CARL WARREN &COMPANY R.�ChAYOI A. /�IAYC�I.Ce Richard D. Marque Supervisor COPY TO �� c r��,��rl . �-5� ��rtr:1��7 1.-� .:�; �;��;/� DA�E � ' � AN EMPLOYEE-OWNED COMPANY 770 S. Placentia Avenue i Placentia,CA 92870 P. O. 8ox 251$0 i Santa Ana, CA 92799-5180 www.cariwarren.com i Tel: 714-572-5200 i 800-572-6900 i Fax: 866-254-4423 CA License No.2607296 � CITY OF P �I DESERT �3—SIO FRSD WAR•1NG URIVB PALM llHSHRT,CALIFORNIA 922G0-2578 . TSL: 760 346-obi i i nf<�(dcityofpalmdescrt.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CI'i'�(ATTORNEY, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: NOVEMBER 21, 2013 SUBJECT: CLAIM NO. 732 - CLAIM AGAINST THE CITY BY ERIK DIEHL IN THE AMOUNT OF $2,000,000 The attached Claim No. 732 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 December 23,2043,fortimely response to the Claimant. Note: lf you have any relevant information that would assist staff and the City's third-party Claims Administrators in the processing of this Ctaim, please let me know so that 1 may forward said information to them. /�,`' � �� `'1 ��I RACHELLE D. KLASSEN, MMC � CITY CLERK f��, Attachment (as noted) .. S�n�xrFoawn�rn�oruu ' CITY OF PALM DESERT . qSSiG(4�DCi:A�1N0. _ RECEIV�d Q CITY CIERlC 'S (?Ff 10E ,n�,w�.�y�� r„. ... . . � � �� F'A L.1•1 D�`:��"� C� �� G �R ��>� D I �: ( K =�r� S E 2a13 NOY 2 I AM I I= 38 �Y H ,.�s °. LAV�YERS�w �� , f,. i L w,r . s,: " '»�!�i P,(w. .�_., ,_.� „,. .. .. .,.. November l8, 2013 City Clerk City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Re: Erik Diehl Deaz Clerk for the City of Palm Desert: Enclosed please find Erik Diehl, by and through his Guazdian and mother, Amanda Blanch, claim against the City of Palm Desert. Please be advised that my office represents this minor in connection with the claim herein. Please direct all conespondence to my attention. With kind regards, KEITH D. GIRFF KDG:Iw Enc. 1126 WILSHIRE BOULEVARD • LOS ANGELES, CALIFORNIA • 900 1 7- 1 904 TELEPHONE: 213-977-0211 • FACSIMILE: 213-481 -1554 W W W.GIRARDIKEESE.COM � . � - R��(�� CITY OF PALM DESERT CITY CI_F�?�;'S !�FFfGE P�� ,H `•;"�^�' �` '� �� ASSIGNED CLAIM N0. CLAIM AGAINST THE CITY QF PALM DES (For Damage(s) to Perscn(s?or Personal Pro��V 2 I AN I 1� 38 Rec�Ived by: via: U.S. Mail Interoffice Mail Over-the-Counter A CLAIM MUST 8E FIL D W H C Y CL K O CI Y O PAL DF..TER W HIN SIX MONTHS AFTER WHICH THE INCIDENT OR EVENT OCCURRED. BE SURE YOUR CLAIM LS AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PUBLIC ENTITY. WHERE SPACE LS It�TSUFFICIENT, PLEASE USE ADDITIONAL PAPER AND IDENTIFY IIVFORMATTON BY PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CI'fY CLERK, CiTY OF PALM DESERT, 73-510 FRED �f/ARING DRIVE�M DESERT, CRr 9Z260. TO TNE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California: The undersigned respectfully submit(s) the following claEm and information relative to damage(s) to person(s) and/or personal property: 1. CLAIMANT INFORMATION: � NAME Fri k Tli Phl PHONE NO.� ) TiATE OF 6IK"CH:L SOCIAL SECURffY O. DRIVER' I . 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: SAME AS ABOVE 3. Occurrence or event from which the claim arises: a. DATE: g� b. TIME: 2:40 p.m. c. PLACE (exact and specific loCation)� '��nm Park. 77400 Country Clu Dr. , Palm Desert, CA 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.) Erik Diehl.. a 1 year oid, wgs �ia�ng ar Freedom Park with his mother Erik D{eh1 j�,ed t,i� han�a �n� ti„oQ� on the metal alide/skateboard ramv and su€fgred severe burn�. _ e. What particular action by the Ci�y, or its� employees, caused the alleged damage oc inur � �..��...... . j Y. �� aden�ate � �a,intain and,(or ae �+re the skate �ark at FYPO �m Park �iac>>+�� b t not 1 mited to. a lack of ade��ate fenc�n� ��lure to adeQuate],y treat and/o ain ain h amn and aliAP ei��h t}+at th�y did no r atp a h,�rn ri�k� �hi�h allnmpd a tnAdlor tn �»ffpr severe burns on a skate rampl Page 1 of 2 . ` � • 4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as lt may be known at the tlme of presentatlon of the claim. If there were no Injuries, state "no injuries": Second degree burns to the hands and knees of child, Eri� Diehl, Qne yea� . old. S. Give the name(s) of the City employee(s)causing the damage or injury: Freedom Park. City of Palm Desert. CA . 6. Name and address of any other peraon(s) injureds 7. Name and address of the owner of any damaRed property: �y of Palm Desert 8. Damages claimed: a. Amount claimed as of this date: $ 1,000,000.00 b. Estimated amount of future costs: $ 1,000,000.00 c. Total amount claimed: $ 2 000 000.00 d. Basis for computation of amounts claime n ude copies o all bi s, nvoices, estlmates, etc.): P,ersonal Iniury (General Damages) 9. Names and addresses of all witnesses, hospitals,.doctors, et�.: Amand� Rlanch - mother Also see attached list. 10. Any additional information, including police reports, which might be helpful in considering this claim: �►ARNING:IT LS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! ENAL CODE 72; INSURANCE 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 ta 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�day of �1(l 1� ,aa 13, at �'2 '�v� �1'Yl I N RE 4F CL SIGNA URE O CLAIMANT Office of the City Clerk, Palm Desert, California D�C. NO./��,DATE FILED — —'�3 Page 2 of 2 , � Hospital and Doctors where Eric was treated: JFK MemoriaF Hospital 47111 Monroe St. indio,CA 92201 � 760-775-8111 9-1-13 3:02pm Paperworkdoesn't have a docto►'s name Diagnosis: burn 949A Arrowhead Regional Medical Center(Emergency} 4Q0 N. Pepper Ave. Colton, CA 92324 909-580-1�Q 9-1-13 7:25pm Physician: Pennington,Troy W. DO STF Diagnosis: burn, 2nd degree Pediatric Partners(Primary) 36320 Inland Valley D�. Wi(domar,CA 92595 951-200-2220 Physician:Ortiz, Blanca E 9-2-13 3:OOpm Diagnosis:fuli thickness skin loss due to burn. Arrowhead Regional Medical Center(Emergency) 400 N. Pepper Ave. Colton,CA 92324 909-580-1000 9-5-I311:OQam Took him into ernergency cause he was in a lot of pain. Edward G.Hirschman Burn Center 400 N. Pepper Ave. Colton,CA 92324 909-580-1680 9-11-13 10:00 am Physician: Kris Oliver Follow up on Erik's burns he was healing very welt wanted.to see him again in 1 week. . ' �• . Edward G. Hirschman Burn Center 400 N. Pepper Ave. Colton, CA 92324 909-580-1680 9-18-13 2:15pm Physician:Culhane Thur Follow up