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Home My WebLink About04 CLAIM 08-29 COFFELT 11-04-08AGENDA REPORT MEETING DATE: NOVEMBER 4, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR Agenda Item 4 Reviewed: City Manager Finance Director ~~. SUBJECT: CONSIDERATION OF CLAIM OF MICHELLE COFFELT, CLAIM NO. 08-29 SUMMARY: It was reported that the Claimant was walking on a public sidewalk when she tripped on a raised area of concrete and fell. This has been marked an Unlimited Civil Case in which the recovery sought is more than $25,000, and includes personal injuries, medical bills and lost earnings. RECOMMENDATION: That the City Council deny Claim Number 08-29, Michelle Coffelt, and direct Staff to send notice thereof to the Claimant's Attorney. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator and Public Works Department have investigated this claim and it appears to be a case of questionable liability on the part of the City. The sidewalk deviation was inspected and photographed - it measured not more than one-half inch and would not be considered a dangerous condition of public property. The Claimant's Attorney has not yet provided copies of his photographs, any medical reports, nor their demand package. It is recommended that the Claim be denied at this time irVbrder to commence a six month statute of limitations. ATTACHMENT: Copy of Claim No. 08-29 ConsiderationOfClaimOfMichelleCoffe1t08-29. doc Ronald A.'Nault Finance Director CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) ceived Via: U.S. Mail Inter-Office Mail ^ Over the Counter Time ~t6Tn~': OF TUSTIr~ o~'~"`~ Clain~Y~o~lUi~! I I ~ G: 4 0 PLEASE NOTE: A. Read entire claim before filing. B. Be sure your Gaim is against the Citv of Tustin, not another public entity. C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence (Govemment Code § 911.2). D. Claims for damages to real property must be filed no later than one year after the occurrence (Govemment Code § 911.2). E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall provide the information shown below and must be signed by the Gaimant or a person on his behalf (Govemment Code § 910.2). G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims. H. Completed Gaims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780, Name and Post Office address of the Claimant: Name of Claimant: Michelle Cof felt Home Address: Home Telephone: Work Telephone: 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: Robert H. Briggs Telephone: 714/480-8500 Post Office Address: Booth, Mitchel & Strange LLP, 701 South Parker Street, Suite 6500, Orange, CA 92856-8155 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: January 2 7 , 2 0 0 8 Time of Occurrence: g ; 3 0 a . m . (approx . Location: Public sidewalk on Sycamore Avenue near Newport Avenue; near offi~ Circumstances giving rise to this claim: ui ing a 4-T~F2- ewpor venue Claimant was walking on the public sidewalk on Sycamore Avenue when she tripped on a raised area of the concrete sidewalk and fell, sustaining injuries. 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. Claimant sustained personal injuries and underwent surgery to repair a ruptured spleen. Claimant has also sustained damages and losses resulting from medical, hospital and surgical bills, and lost earnings. Page 1 of 4 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. City of Tustin maintenance crew in failincr to nror~erly maintain the sidewalk. 6. If amount claimed totals less than 610,000: Provide the amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury, damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basis for computation: If amount claimed exceeds 610,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) ^ Limited Civil Case ®Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the Clt of Tustin re nests that ou answer the foltowin uestions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ' 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: Kaiser Permanente. Lakeview Avenue, Anaheim Hills, A fo in ial treatment on January 27, 2008; Dr. Nader Yamin, Lakeview Medical Offices, 411 North Lakeview Avenue. Anaheim, CA 92887, multiple visits; Anaheim Memorial Medical Center, 1111 La Palma Ave., A aheim, CA 92807, If applicable, please attach any medical bills or reports or similar documents supporting your c~a~m. surgery on 4/4/08; Pathology Asspciatt s Qf naheim X111 La Palma Avg. 9. If the claim relates to an automobile accident: Anaheim, C~ 9180. Investigation re treatin§ N/A health care providers is continuing. Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimants Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City/Agency Vehide was involved, designate by letter "A" location of City/Agency Vehide when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Agency Vehide; location of City/Agency vehide at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1"and the point of impact by "X." NOTE: tf diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. ~/ V ~~ SIDEWALK CURB Sy~_ Cwt- •~07-~1 (~ PARKWAY 1 S~EWALK yUx~mc7-c /o~ JI,~ o ~C' /y7zz /ve~d~ CURB Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover all costs of defense in ent an action is filed which is later determined not to have been brought in good faith and with reasonable c Date: ~ g' Page 3 of 4 .~ r~ f Office of the City Clerk June 11, 2008 Debbie Weston NovaPro Risk Solutions LP P.O. Box 2422 Tustin, CA 92781-2422 Re: Transmittal of Document(s) Claimant: Michelle Coffelt City Claim No.: 08-29 Filed With City: 6/11 /08 X Receipt of Claim/Summons/Complaint By: Certified Mail City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 The enclosed records were presented to this office as indicated above and have been referred to the appropriate City department for investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Douglas Holland, City Attorney. By this letter, you are authorized to commence the necessary investigation of this claim on behalf of the City. We request that you give such notices as may be appropriate to the City's insurance carrier(s) and further request that you submit your preliminary and all subsequent reports to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so request. Upon receipt of advice from the City Attorney, we will plan to present this matter to the City Council and/or take such other steps as are directed by the City Attorney. A copy of this letter and enclosures were sent on June 11, 2008 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, (~JLCCC'.Q ~~~-~-v~ Ma~ia Brown Administrative Secretary Enclosures: C: City Attorney Finance Dept. (original) Public Works Dept.