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CC SR 20160517 G - Claims against the City - Egan, Dylan & Egan, RickRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 05/17/2016 AGENDA HEADING: Consent Calendar Consideration and possible action regarding two claims against the City by Rick Anthony Egan and Dylan Michael Egan. RECOMMENDED COUNCIL ACTION: 1) Reject the claims 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: Carla Morreale, City Clerk REVIEWED BY: Same as above APPROVED BY: Doug Willmore, City Manager;,:",,�,—; ATTACHED SUPPORTING DOCUMENTS: A. Rick Anthony Egan Claim (page A-1) B. Dylan Michael Egan Claim (page B-1) BACKGROUND AND DISCUSSION: The claimants allege that their claims, filed with the City on April 27, 2016, are for indemnity for potential damages in a lawsuit filed against them on October 20, 2015. These claims are based on a motorcycle and automobile accident that occurred on December 9, 2014, near the intersection of Palos Verdes Drive West and Rue Beaupre, which has resulted in a lawsuit, Jeremy Divona vs. Dylan Michael Egan; Rick Anthony Egan; Yu Living Trust; and the City of Rancho Palos Verdes. The Jeremy Divona claim was considered and rejected by the City Council on July 21, 2015, and the Yu Living Trust claim was considered and rejected by the City Council on May 3, 2016. Dylan Michael Egan is a defendant in the lawsuit since he was driving a vehicle involved in the accident; and Rick Anthony Egan is a defendant in the lawsuit since he is the father of minor Dylan Michael Egan. The City's Claims Administrator, Carl Warren and Company, has reviewed the claims and advised the City to reject the claims as the City has no liability in this matter. Dylan Egan failed to yield to his stop sign, while Jeremy Divona contributed to his own accident by traveling on his motorcycle at an unsafe speed. Lastly, although shrubbery may have blocked Mr. Egan's line of sight, the shrubbery is owned by a private party. 1 FILE WITH:RESERVE CLAIM FOR DAMAGES FOR FILING STAMP CITY CLERK'S OFFICE City of Rancho Palos Verdes CLAIM NO. 30940 Hawthorne Blvd. TO PERSON OR PROPERTY Rancho Palos Verdes, CA 90275 RECEIVED INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not r Y OF RANCHO PALOS VERDE 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 APR 7 X010 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. CITY CLERK'S OFFICE 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 Date of Birth of Claimant n/a Name of Claimant Occupation of Claimant Rick Anthony Egan Home Address of Claimant City and State Home Telephone Number Business Address of Claimant City and State NONE - Business Telephone Number n/a n/a Give address and telephone number to which you desire notices or Claimant's Social Security No. communications to be sent regarding this claim: n/a When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date Time Unknown If claim is for Equitable Indemnity, give date claimant served with the complaint: Date 3/.21(/16 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: At or near the intersection of Palos Verdes Drive West and Rue Beaupre within the City of Rancho Palos Verdes. Describe in detail how the DAMAGE or INJURY occurred. On December 9, 2014, Jeremy Divona and claimant's son, Dylan Egan, were involved in a motor vehicle collision in Rancho Palos Verdes. Divona filed a civil lawsuit on October 20, 2015 alleging causes of action against the claimant, the City of Rancho Palos Verdes, and various other defendants. The claimant contends that he is not liable for Divona's damages, and that the City of Rancho Palos Verdes owes him equitable indemnity for any damages, costs, and other expenses he may incur as a result of Divona's lawsuit. Why do you claim the city is responsible? The claimant believes the location of the accident was a dangerous condition of public property. The City negligently maintained the subject intersection by - including but not limited to - negligently placing the stop sign and/or limit line on Rue Beaupre near the intersection. The location of the stop sign and/or limit line made it difficult or impossible for drivers to see oncoming traffic. Describe in detail each INJURY or DAMAGE. The claimant is unaware of the extent of his potential losses because the plaintiff in the civil case against him has not proven his damages. However, the case is venued in unlimited jurisdiction superior court, so damages of over $25,000.00 are anticipated. 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: $ Unknown, but in excess of $25,000.00 Was damage and/or injury investigated by police? Yes If so, what city? -County Were paramedics or ambulance called? Yes If so, name city or ambulance Unknown If injured, state date, time, name and address of doctor of your first visit n/a WITNESSES to DAMAGE or INJURY: List all persons and addresses of Name Jeremy olvona Address Name Justin Shimizu Address Name Michael Merano Address known to have information: DOCTORS and HOSPITALS: Hospital 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 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. CJ 0> .)esr PARKWAY i SIDEWALK '6> Signature of Claimant or person filing on Typed Name: his behalf giving relationship to Claimant: John D. Stanley 0y/&" 5A41 (01 I�Ft�►" Date: April 22, 2016 NOTE: CLAIMS'MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) A-2 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. RESERVE FOR FILING STAMP pMP CLAIM NO. 2 C t lD ® "/ TO: CITY OF RANCHO PALOS VERDES I Date of Birth of Claimant Name of Claimant Occupation of Claimant Dylan Michael Egan Home Address of Claimant City and State Home Telephone Number Business Address of Claimant City and State Give address and telephone number to which you desire notices or communications to be sent regarding this claim: did DAMAGE or INJURY occu Business Telephone Number n/a Claimant's Social Securitv No. any city employees involved in INJURY or Date Time Unknown If claim is for Equitable Indemnity, give date claimant served with the complaint: Date 3/96/14 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: At or near the intersection of Palos Verdes Drive West and Rue Beaupre within the City of Rancho Palos Verdes. Describe in detail how the DAMAGE or INJURY occurred. On December 9, 2014, Jeremy Divona and Dylan Egan were involved in a motor vehicle collision in Rancho Palos Verdes. Divona filed a civil lawsuit on October 20, 2015 alleging causes of action against the claimant, the City of Rancho Palos Verdes, and various other defendants. The claimant contend that he is not liable for Divona's damages, and that the City of Rancho Palos Verdes owes him equitable indemnity for any damages, costs, and other expenses he may incur as a result of Divona's lawsuit. Why do you claim the city is responsible? The claimant believes the location of the accident was a dangerous condition of public property. The City negligently maintained the subject intersection by - including but not limited to - negligently placing the stop sign and/or limit line on Rue Beaupre near the intersection. The location of the stop sign and/or limit line made it difficult or impossible for drivers to see oncoming traffic. Describe in detail each INJURY or DAMAGE. The claimant is unaware of the extent of his potential losses because the plaintiff in the civil case against him has not proven his damages. However, the case is venued in unlimited jurisdiction superior court, so damages of over $25,000.00 are anticipated. This Claim Must Be Signed on Page 2 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: $ Unknown, but in excess of $25,000.00 Was damage and/or injury investigated by police? Yes If so, what city? -County Were paramedics or ambulance called? Yes If so, name city or ambulance Unknown If injured, state date, time, name and address of doctor of your first visit n/a WITNESSES to DAMAGE or INJURY: List all persons and addresses of Name Jeremy DIvona Address Name Justin Shimizu Address Name Michael Melano Address ns known to have information: DOCTORS and HOSPITALS: Hospital Address Date Hospitalized Doctor Address Date of Treatment Doctor Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of of streets, including North, East, South, and West; indicate City vehicle at time of accident by "A-1" and location of place of accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by or distances to street corners. if City Vehicle was "B-1" and the point of impact by "X." NOTE: If diagrams involved, designate by letter "A" location of City Vehicle below do not fit the situation, attach hereto a proper when you first saw it, and by "B" location of yourself or diagram signed by the claimant. CURB Rios Verdes Gi-. U)e-j ' PARKWAY SIDEWALK Signature of Claimant or person filing on Typed Name: his behalf giving relationship to Claimant: John D. Stanley C lair�cw��' nyi" ��ar X colhs��►• CURB--+ re arF Date: April 22, 2016 (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec.