CC SR 20160301 E - Claim Against the City - CompeanRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 03/01/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action regarding a claim against the City by Thomas and
Carmen Compean and the estate of Ricky Compean.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimants' attorney.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, Deputy City Clerl<6�
REVIEWED BY: Carla Morreale, City Clerk C%ss'
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Claim (page A-1)
BACKGROUND AND DISCUSSION:
The claimants allege that, on July 30, 2015, the City failed to adequately warn visitors of
the "dangerous condition(s)" on public property at Inspiration Point which resulted in the
accidental drowning of their son.
The City's Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject the claim. The decedent was cliff diving and participating
in a "hazardous recreational activity." Cliff diving would fall under the "Immunity for
Hazardous Recreational Activities," pursuant to Government Code §831.7, which
provides that a public entity or public employee is not liable to anyone who participates
in "hazardous recreational activity," or to any assistant or spectator, for any damage or
injury to property or persons arising from the activity. The term "hazardous recreational
activity" has been broadly defined in Government Code §831.7(b) to include the
following activities [emphasis added]: water contact activities, diving, animal riding,
archery, bicycle racing or jumping, boating, skiing, hang gliding, kayaking, motorized
vehicle racing, off-road motorcycling or four-wheel driving of any kind, mountain
bicycling (but not if the bicycle is being ridden on paved pathways, roadways or
sidewalks), orienteering, paragliding, shooting, rock climbing, rocketeering, rodeo,
spelunking, sky diving, sport parachuting, body contact sports, surfing, trampolining,
tree climbing, tree rope swinging, waterskiing, white water rafting and wind surfing.
1
FILE WITH:
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be filed not later than 1 year after
the occurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim form before filing.
4. See Page 2 for diagram upon which to locate place of accident.
5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF RANCHO PALOS VERDES
RESERVE FOR FILING STAMP
CLAIM NO. d 0( l R3
RECEIVED
OF RANCHO PALLS VERDE S
FEB o 1. ?u16
Date of Birth of Claimant
SEE ATTACHMENT A
Name of Claimant
Occupation of Claimant
Thomas Compean, Carmen Compean & Estate of Ricky Compean
SEE ATTACHMENT A
Home Telephone Number
Home Address of Claimant City and State
SEE ATTACHMENT A
SEE ATTACHMENT A
Business Address of Claimant City and State
Business Telephone Number
SEE ATTACHMENT A
Give address and telephone number to which you desire notices or
Claimant's Social Security No.
communications to be sent regarding this claim:
SEE ATTACHMENT A
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
DateJuly ''.,J'.mis Time App,.x. 2:30 p.m.
If claim is for Equitable Indemnity, give date Unknown at this time; See Attachment B
claimant served with the complaint:
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
See Attachment B
Describe in detail how the DAMAGE or INJURY occurred.
See Attachment B
Why do you claim the city is responsible?
See Attachment B
Describe in detail each INJURY or DAMAGE.
See Attachment B
This Claim Must Be Signed on Page 2
A-1
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact): Estimated prospective damages as far as known:
Damage to property .................... $ Future expenses for medical and hospital care. $
Expenses for medical and hospital care ... $ Future loss of earnings ..................... $
Loss of earnings ...................... $ Other prospective special damages .......... $
Special damages for ................... $ Prospective general damages ............... $
Total estimate prospective damages....... $
General damages ...................... $
Total damages incurred to date ........ $
Total amount claimed as of date of presentation of this claim: $ See Attachment B
Was damage and/or injury investigated by police? Yes If so, what city? -SD
Were paramedics or ambulance called? Yes If so, name city or ambulance UKNOWN AT THIS TIME
If injured, state date, time, name and address of doctor of your first visit LA COUNTY CORONER'S OFFICE
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name See Exhibit B Address Phone
Name Address Phone
Name Address Phone
DOCTORS and HOSPITALS:
Hospital LA COUNTY CORONERS OFFICE Address Date Hospitalized
Doctor _ Address Date of Treatment
Doctor Address Date of Treatment
READ CAREFULLY
For all accident claims place on following diagram names
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 Vehicle was
involved, designate by letter "A" location of City Vehicle
when you first saw it, and by "B" location of yourself or
CURB
your vehicle when you first saw City vehicle; location of
City vehicle 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: If diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the claimant.
WZSIDEWALK
CURB`+
PARKWAY
17 SIDEWALK
rF
Signature of Claimant or pe son filing on Typed Name: Date:
his behalf givinArelat' ip to Claimant: David G. Torres-Siegrist, Esq. 1-28-JAttorney for Claimants
N CLA11413 UXTHClLERK Gov. Code Sec. 915a .Presentation of a false claimis a felon Pen. Code Sec. 72.( 1 Y( 1
A-2
Attachment A
Name, Date of Birth, Address and Telephone number of Claimants:
1) Tomas Compean
a.
0
b.
C.
2) Carmen Compean
a. Mb.
C.
3) Ricardo Compean (Decedent)
a.
b.
C.
d.
Please be advised that all correspondence related to this claim should be directed to claimants'
attorney as follows:
DAVID G. TORRES-SIEGRIST, Esq.
A-3
Attachment B
Mr. and Mrs. Compean, as well as the estate of Ricardo Compean, assert both a wrongful death
claim as well as a survival claim arising out of the tragic death of their son, Ricardo Compean on
July 30, 2015. The cause of death of this 20 year old Calstate San Marcos college student was
ruled by the L.A. County Coroner's Office to be "drowning" and the manner of death was found
to be "accidental."
• Facts giving rise to Liability
On information and belief claimants hereon allege that this responding governmental entity,
owned, controlled or maintained public property which constituted a dangerous condition(s) that
was/were a substantial factor in causing the death of Ricardo Compean.
Furthermore, the dangerous condition(s) was/were created by a public employee's negligent or
wrongful act, or omission within the scope of his or her employment (Govt. C. §835(a)), and/or
this responding entity had actual or constructive notice of the condition a sufficient time before
the injury occurred to have taken reasonable measures to protect against the injury (Govt. C.
§835(b)).
Specifically, claimants allege based on information and believe that this responding
governmental entity failed to warn Mr. Compean and other invitees of dangerous conditions on
property it owned, maintained and/or controlled, in whole or in part. Additionally, this
responding governmental entity failed to take reasonable measures/precautions to protect Mr.
Compean and other invitees from dangerous conditions in the Inspiration Point area including
but not limited to erecting barriors, posting adequate warning signs, providing lifegaurds and/or
other protective services in the area or closing the waterway due to known dangerous conditions
within the Abalone Cove area, including but not limited to whirlpool effect tide conditions.
In short, the ocean adjacent to the hiking trails in and/or near the area where Mr. Compean
drowned was unsafe for swimming. Had Mr. Compean known of the dangerous whirlpool effect
tide condition in the water, he would not have gone in or near the water.
Prior to Mr. Compean's death this responding governmental entity had actual notice of a
dangerous condition on property it owned, maintained and/or controlled: "It's an unfortunate
tragedy that this [commenting on Mr. Compean's death] happened in the same spot as it did just
over a year ago," said County Lifeguard Section Chief Chris Linkletter to the Los Angeles
Times. Tragically on July 6, 2014, 18 -year-old Joseph Sanchez drowned in the approximate
location where Mr. Compean drowned. In fact, in an August 23, 2014 interview of Lifeguard
Section Chief Linkletter, during a story on the Abalone Cove Safety Task Force, she described
the dangers of the waters below as well as the death of Mr. Sanchez the year before. However,
to date, there remains no posted signs in or around the area placing invitees such as Mr.
Compean on notice of the dangerous whirl pool effect that ultimately cost him his life.
Additionally, claimants are informed and believe and hereon allege that this responding
governmental entity made improvements (articifical conditions) at or near the subject location
where the drowning occurred and negligently, failed to provide protective services, and thereby
created a dangerous condition by combining a known natural defect on the property with public
reliance on the entity's inadequate protective warnings and services.
Ultimately, this responding governmental entity had a duty to warn Mr. Compean of the
dangerous conditions in the water below and breached this duty. This responding governmental
entity had actual knowledge of the danger to visitors who entered the water in the Ablone Cove
Area which is documented on social media. Yet, this responding entity did nothing to pass this
knowledge on to visitors. This responding governmental entity created an open public display
of its control of the area, and there was nothing to signal that this control ended at the water
mark.
While this responding governmental entity could not eliminate the hazards in the ocean, they
could satisfy their duty to Mr. Compean by posting or distributing warnings on the property
under its control or simply closing the water to visitors.
Damages
As a result of the negligence and carelessness of the Government Respondents, Claimants have
suffered both wronguful death damages and survival damages exceeding the statutory limit of
$25,000- Unlimited Jursidiction.
Witnesses to this action/damazes:
• Claimants
• Coroner's Office Personnel
M
• LA County Sheriff s Department Personnel
• LA County Fire Department Personnel
• LA County Lifeguard Personnel
• Employees and/or independent Contractors of the Government Respondents who
maintained, and/or controlled the subject area including but not limited to the following:
■ CITY OF RANCHO PALOS VERDES
■ L.A. COUNTY;
■ ABALONE COVE SAFETY TASK FORCE;
• STATE OF CALIFORNIA
■ UNITED STATE OF AMERICA
■ MOUNTAINS RECREATION & CONSERVATION AUTHORITY
• Employees and/or independent Contractors of the Palos Verdes Peninsula Land
Conservancy
M