HomeMy WebLinkAbout08 CLAIM #03-44 04-05-04
AGENDA REPORT
Agenda Item
8
Reviewed:
City Manager
Finance Director
MEETING DATE: APRIL 5,2004
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
LOIS JEFFREY, CITY ATTORNEY
SUBJECT:
CLAIM OF JIHAD M. SMAIL!; CLAIM NO. 03-44
SUMMARY:
Claimant alleges property damage to his BMW when it hit a raised piece of concrete
next to a manhole cover on a city street. City crews had been notified of the cracked
and broken manhole cover prior to the incident. Shortly after the incident occurred, this
portion of the roadway was repaired. The claimant's vehicle was appraised by an
independent appraiser hired by the City's Claims Administrator. The vehicle was
deemed a total loss and value of the vehicle, minus salvage credit, and loss of use was
determined to be $18,782,26.
RECOMMENDATION:
Approve settlement in the amount of $18,782.26, subject to receipt of a signed release.
ATTACHMENTS:
Ciaim
cc:
William A. Huston, City Manager
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STRJ,TEGIC CLAIMS SOLUTIONS
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Date; March 02, 2004
RECEIVED
MAR 0 3 2004
WOODRUFF, SPRADLIN & SMART
PRELIMINARY REPORT! AUTHOE,ITY REOUEST
Woodruff, Spradlin & Smart
701 S. Parker Street
Suite # 8000
Orange, CA 92868
Attn: Lois Jeffrey, City Attorney
RE:
03
PREVIEW: Claimant vehicle damaged by raised concrete at a roadway manhole cover.
GOVERNMENT CODE RBOUIREMENTS: The claim was filed timely on December 23, 2003
and we recommended the City take no action pending our investigation.
DATE. TIME AND PLACE: The incident occurred on November 24, 2003 at approximately
1l:30am.
FACTS OF THE INCIDENT: According to the claim Corm, the claimant's brother drove over a
City man hole Cover in the area of 10900 Peters Canyon Road in the City of Tustin. The
vehicle's engine oil pan struck a slab of concrete protruding from area surrounding the manhole.
PROPERTY DAMAGE: The claimant's vehicle sustained substantial damage to the
undercarriage ¡¡fthe vehicle. The oil pan was perforated and the entire contents drained out at
the time of the incident.
The claimant's vehicle was appraised by Craig Bateman of Property Damage Appraisers. The
vehicle was deemed a total loss and is broken down as follows:
Total
$ 16,815.67
+ 1,303.21
- 500.00
1.163.38
$ 18,782.26
Value of the Vehicle -
Tax (7.75%)
Salvage Credit
Loss of Use
WARD NORTH AMERICA. INC.
P.O. Box 2422. Tustin, CA 92780.2422. TeL: (714) 544-0980 . FAX: (7'4) 544-1879
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We have review~ the estimate and appears in order. The claimant has been in a rental since the
day of the incident at a rate of$35.99 a day, However, we have discussed with him and advised
that his rental w¥ not authorized and he does have a responsibility to mitigate his own damages.
We advised that had he gone through his own carrier a total loss would have been most likely
settled in 20 -30 days. Therefore, we advised the most we would recommend for loss of use
would be 30 days or $1,163.38.
EV ALVA nON: This is a case of~robable liability against the City ofTustin. According
Incident Report # 03-08740, Officer Howard responded to a call Cor service regarding damage
done to the oil pan of a vehicle. Upon arrival, Officer Howard noted oil draining into the
roadway and a fresh trail oC motor oil back to the manhole in question and also observed that the
manhole had be~ marked for repair. He also noted the concrete ring around the manhole cover
was cracked and broken with several large pieces missing or raised. Officer Howard estimated
the points to be raised tWo inches above the street level advised that the chasse height of the
claimant's vehicle did not appear to have been altered.
According to the City's Engineering Department, Senior Inspector Chris Martin was aware of the
jIl'ea of roadway pavement that was d~ress..A ornnnd a manhole at the location oCthe incident on
peters Canyon Road. There was no construction work in progress when this depressIOn was
noticed. Chris Martin marked the pavement on November 24, 2003 to be repaired and the repair
was then made on December 1, 2003.
ðiITHORITY REQUEST: We request authority for $18,782.26 to settle this. claim.
~ORKTOBECOMPLETED:
1. Settle property damage claim.
RESERVES: Jihad Smaili - $ 18,783.00
WE OF CLAIM: APD
COMMENTS: We will await settlement authority.
Very truly yours
WARD NORTH AMERICA, INC
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Kristie Swaim
(714) 544-0980 Ext. 144
Email: kswaim@wardclaims.com
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Ms. Kristie Swaim
Ward North America
RECEIVED
.JAN¡ 5 2004
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City of T in
300 C tennial Way
Tustin A 92780-3715
(714) 573-3150
FAX (714) 734-8991
Public Works I Engineering
January 13, 2004
Subject:
City Claim No. 0
Dear Ms. Swaim:
Pursuant to your e-mail reque (attached garding the noted claim, it has been
determined that the City's Senior Inspec or, Chris Martin, was aware of an area of roadway
pavement that was depressed around a manhole at the location of the incident on Peters
Canyon Road. There was no construction work in progress around the manhole when the
pavement depression was noticed.
The Senior Inspector marked the pavement area to be repaired at approximately 10:00 A.M.
on Monday. November 24, 2003. The repair work was completed by the City's Contract
Street and Alley Pavement Repair Contractor, International Pavement Solutions, Inc. on
Monday, December 1, 2003.
Per you request, a copy of the Tustin Police Department's Incident Report is attached for
your information and use.
Please contact Doug Anderson of my staff at (714) 573-3172 if you have any questions or
need additional information.
Sin.cere/Y. / / /
~«,/~
Dana R. Kasdan
Engineering Services Manager
Attachment:
E-Mail correspondence dated December 29. 2003
Copy ofTustin Police Department Incidenl Report No. 03-08704
c:
Tim D, Serlel
Ron Nault
DoU9 Anderson
Chris Martin
Lois Jeffrey, City Attorney
S:\Ooug & Traffic\2004 document.IClalm No. 03-44 Jihad M. Smaili.doc
Page I of 1
Anderson, Doug
From: Nault, Ron
Sent: Monday, December 29, 20039:34 AM
To: Anderson, Doug
Cc: Skaff. Teresa
Subject: FW: City Claim No. 03-44/ Jihad Smail;
Hi Doug, please send Christie what she needs. Thanks
-----Original Message-----
From: Swaim, Kristie [mailto:Kswaim@wardclaims,comj
Sent: Monday, December 29, 2003 9:25 AM
To: 'RNault@tustinca.org'
Subject: City Claim No. 03-44/ Jihad Smaili
Hi Ron,
This is the incident wherein claimant states his brother drove his vehicle over a man hole cover at or around
10900 Peters Canyon Road and the engine oil pan struck a slab of concrete protruding from the man hole cover.
Please forward a copy of the police report, photographs and any internal reports. Please advise if the man hole
covers are the responsibility of the City and if so did the City have a contractor or City crew working at this man
hole?
Thank you
Kristie Swaim
Claims Adjuster
Ward North America
(714) 544-0980 Ext. 144
kswaim@wardclaims.com
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TUSTIN
POLICE DEPARTMENT
NARRATIVEJSUPPLEMENTAL REPORT
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SYNapSIS REOUIREO ON ALL PART' OFFENSES
SYNOPS'S. MA'N FACTS OF THE CAIME. INCLuaE
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