HomeMy WebLinkAboutClaim #717 - Heirs of Gerald Weiss CITY OF PALM DESERT _ �
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY(#717)BY HEIRS OF GERALD WEISS IN THE
AMOUNT OF $15,000,000
SUBMITTED BY: Rachelle Klassen, City Clerk
DATE: January 10, 2013
CONTENTS: • Staff Report
• Recommendations of Claims Adjusters and Staff
• Claim No. 717
Recommendation
By Minute Motion, reject the Claim and direct the City Clerk to so notify the
Claimants.
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 helle D. Klassen, M , City Clerk J h M. Wohlmuth, City Manager
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CITY C CIL ACTION
Attachments (as noted) APPROVF.D ✓ ��;�«p
RECEIVED OTHER
MEETING DATE I-/O-a0! �
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ABSENT: _N one
AI3STAIN: N on�
VERIFIED BY:— �� I rq
Original on File with City Clerk's Office
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December 5, 2012
TO: The City of Palm Desert
ATTENTION: Rachelle D. Klassen, City Clerk
RE: Claim : Heirs of Gerald Weiss vs. The City of Palm Desert
Claimant : Heirs of Gerald Weiss
D/Event : 6/2/2012
Rec'd Y/Office : 10/31/2012
Our File . 5-1768264-PMQ
We have received and reviewed the above c(aim 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. If you have any questions please
contact the undersigned.
Very truly yours,
CARL WARREN&COMPANY
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Rich . Marque
cc: CJPIA w/enc.
Attn.: Executive Director �
COPY TO �� �= �y���,�
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CARI. 11'�1ltlil:\� & COl�'ll':�N1' PALM Di-S�t;?, CA
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December 10, 2012
GOVF,RNMrNTAL ENTITY PRCL[MINARY RCPORT
TO: Carl Warren &C�mpany
PO Box 25180
Santa Ana, CA 92799-5180
Principal: CJPIA Our Filc: 1768264
; City: Palm Dcsert Date of Loss: 6-2-2012
Claimant: Heirs of Gerald Weiss Date Received: 11-3-2012
`=�=-i,�-=� Facts: Gerald Weiss, age 52 was on Fred Waring Drive in Indian We(Is. As he approached
-�y �'�� the city limit with Palm Desert,he was run over from the rear by an alleged drunk driver,
Cl�ristopher Stocman.
` `��;� Government Code Requirements:
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- ' a) Date Veri�ed Claim Filed: 10-31-2012
• b; Action by Public Entity: City to reject claim.
c) Statute of Limitations: 6 months from date of rejection notice.
Possible Co-Defendrynts: Christopher Stocman, driver, and the ui7identified o�ner the
vehicle are the primary defendants. Please note a claim has been presented to the City of
Indian Wells, a member of the CJPIA.
Liabili : Based on the known facts at this time, thei-e is no liability on Pa(m Desert. V✓e
feel the attorney filed out of caution and to preserve the claim filing requirement.
Dama�es: Fatal injuries to Weiss, a physician.
Claim• Reserve•
1) LBI—Heir of Gerald Weiss $100,000.00 ,
Comment/Work to be Comaleted: The undersigned is investigating this matter for the
City of Indian Wells. We will use that initial investigation to determine if Palm Desert has
any potential exposu�•e.
Our further report will follow shortly.
Very Truly Yours,
CARL WARREN & CO.
Pete McNulty
cc: City of Palm Desert Attn. Rachcl Klassen �. ���(,c_;°t�1
ce: CJPIA - Attn.: Executive Director COPY TO_.._.
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TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY,
DIRECTOR OF PUBLIC WORKS, RISK MANAGER
FROM: CITY CLERK
DATE: NOVEMBER 28, 2012
SUBJECT: CLAIM NO. 717 - CLAIM AGAINST THE CITY BY HEIRS OF
GERALD WEISS (MELANIE HABER, JOSHUA WEISS, AND
ETHAN WEISS) IN THE AMOUNT OF $15,000,000
The attached Claim No. 717 is being transmitted to you for the following:
❑ Information only.
or
,�i 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 January 3, 2013, for timely response
to the Claimant. ,�
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RACHELLE D. KLASSEN, MMC
CITY CLERK
Attachment (as noted)
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Kiassen, Rachelle
From: Greenwood, Mark
Sent: Wednesday, December 12, 2012 1:47 PM
To: Klassen, Rachelle
Subject: Claim No. 717
Rachelle,
It is recommended that Claim No. 717 be denied as the incident did not occur within Palm Desert City limits.
Mark Greenwood, P.E.
Director of Public Works
City of Palm Desert
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RECEIYEO 0 CiTY OF PAIM DESER"f
CITY CLERK'S O�flCE
P A l_M ��S E�; ? C A ASSIGNED CLAIM N0.,��,
CLA1M AGA11�5T THE CITY dF PALM DESERT
(�or Damage(s) ta 1'erson{s) or l'ersonal Prope�p NOY 28 PM 12� 4� �
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Received by: ,��,. �) , �/��������G
via: U.S. Mail lnteroffice Mail CJver-the-Caunter ✓"��,�
A CLAIM MUST BE F�L�D WITH THE C�TY C►.ERK UF THE CI7Y OF 1'AI,IN D�SEl2T WITHtN SIX
lU(OIVTHS AFTER. WHICW THE Il`JCIDENT OEt F_'YE[YT OCCL1Etl2ED. BE SURE XOUR CLAIM 1S
AGAINST THE CITY QF PALtVC DE5ERT, NbT ANOTIi�R ['UB�.IC �NT'ITY. WHERG SPACE IS
INSUFFICIENT, PLEASE USE ADDITIOIVA�. PAPER AND ID�NTIFY INFORMATI�IV BY
PARAGRAPH IVUMBER. COMPLETED C�,AIM5 MUS'f BE MP,ILED OR DELIVBR�D 'TO THE CITY
CI.ERK, CITY O� PALM DESERT, 73-510 FRED WARING DRTVE. PALIV[ DESEItT, CA 92260
TO TH� HONC�RADLC MAYOR AND CITY Ct�UNCIL, City of Aa.lrn Desert, California.
The undersigned t•espectfutly subrnit(s) the followi�g claim and information relative Lo damage(s) to
person(s}and/Uc personal pro�erty:
i. CLAIMANT INFORMAI'I(JN:
[�Al1!(�Melanie Haber, Joshua Weiss and Ethan Weiss
ADURESS _ __
PHOIVE I�IU. ( ? -�^ ���DATE CO�' BTR?I-t: '
SC}CIAI. SECUl2�TY 10. � 1�RIV�Et'S LICCIVSE NQ. _ -"
2. [Vame, telephone nurnber ar�d post oflice addr�ss #o which claimant desires notiees to be
sent, if other fihan above:
,�g�eph Daniel Davis, Esq.� 170 South Euclid Avenue, Pasadena, California 91101
3. Occurrence or event from which the claim arises:
a• UA'fE: June 2, 2012 b. TIMEe appx. 9:30 p.m. c. PLACE (exact and specific
loca#ion��t����QjivP, third lane. aRr�roximately 49�" east of Bryson Court
d. How arrd under what circumstances did damage ar injury occur? Specify the partic�lar
occurrence, event, act or omrnission yau claim caused the in;ury or damage. {Use
additional paper if necessary.}
_Geral WP�ss wac hir�_��wP,�tbound on Fred arinq Drive when he was struck from the rear by an
-a�ar�obila-d�Eus�-b�+�ist��e�-Stsckcx�ap.. - 1
e. What particular action by the City, or its emplayees, caused the alleged damage or
injury? �ee Adden �m A�ttachgd �
Page I of 2
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4. Give a generzt desc.ri�ation of the indehtedness, obligation, injury, damage, or loss incurred
so f1r as it may be known at the tirne of presentation of the claim. Cf there were no
injuries� state "no injurtes":
Plaintiffs are the,t�,eir�p.��gr,a��Weiss for the purpose of bringinq this wrongfut death claim.
5. Give the name(s) of the City employee(s) causing the damage or injury: None known at this time
6. Name and address of. any other person(s) injured: None.
7. Name and address af the owner of any dama�ed prapert.y: None.
8. Darnages claimed:
a. Amount cJaimed as af thls date: $
b. Estirnated amount of future costs: $ �� �� �
c. Totai amount claimed: $ �
d. 8asis for computation of ama���ts claimed inctude copies n# al! bills, invoic.es,
estirnates, etc,):��,q��endum �,�tk��.���1, ____
9. Names and addresses of all wiCnesses, haspitats, dact�rs, etc.:
_C1.QL1� ________._____ ---- _�~ __�..
lfl. �lny additionat ini�rriiatiun, i��clucling polic�: reports, whicii rnigttt be (»lpfui irt cansidering
this claim:�Ak_ye�aarailable.—_
WARNING:IT IS A CRIMINAL OF�ENSE TO FILE A FALSE CLAIM! (PENAL CC>DE 72;
INSURANCE COD� 556.1),
I have read the matters and statements made in the above claim, and 1 k�ow the same to be true of
my own knowledge, except as tn those matters stated upon information ar belief as to such matters
1 betieve the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND
CORRECT.
Signed this�� day of November ,20 12 , at Palm Desert, California
'P�GX,t-v��G
ATURE OF CL IMAINT SIGNATURE C3F CLAiMANT
Office nf the City Clerk, Palm �esert, Cali#ornia UOC. NC3. QATE �F1LED
Page 2 of 2
l . . •
ADDENDUM A
Thc City was ncgligent in not installing properly marked and designated bicycle lanes.
Altcrnatively, the City failed to prohibit bicycle usagc on a street that was unsafe for such
activity due to the 50 rnph speed limit and the number of�vehicles that regularly used Fred
Waring Drivc. In addition, the City failed to warn bicyclists such as GER�ILD W�ISS
that it was unsaFe to bicycle on Fred Waring Drive. Also, the street lighting was
inadequate for bicyclists and motorists.
�
Dated: Novembery1, 2012 �bt.-�.
Jos h an Davis, Esq.
ADDENDUM B
Qurial expcnses were approximately $15,000. Past and future loss of
earnings and loss of earnings capacity have not been calculated but their present value are
estimated to be in excess of$3,000,000 (Three Million Dollars). MELANIE HABER's
dainages for loss of consortium are $3,000,000 (Three Million Dollars). Damages for the
loss of care, comfort and society, and all other general damages allowed in a wrongful
death casc are, for all threc plaintiffs, the sum of$15,000,000 (Fifteen Million Dollars).
Dated: November�� , 2012 7
Jos p Dan el Davis, Esq.