CC SR 20170606 G - Claim Against the City KaplanRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/06/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action regarding a claim against the City by Lyric Kaplan.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Emily Colborn, City Clerk
REVIEWED BY: Gabriella Yap, Deputy City Manager.
APPROVED BY: Doug Willmore, City Manager')
ATTACHED SUPPORTING DOCUMENTS:
A. Lyric Kaplan claim (page A-1)
BACKGROUND AND DISCUSSION:
The claimant states that her vehicle tire was damaged when driving over a large pothole
on Palos Verdes Drive East between Conestoga Drive and Horseshoe Lane in the City
of Rolling Hills Estates. The alleged incident occurred on December 24, 2016, and the
claim was filed on April 6, 2017.
The City's Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject it, due to the determination that the incident occurred
outside of the City's jurisdiction. Therefore, it does not appear as though the City has
any liability for the accident.
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.
RESERVE FOR FILING STAMP
CLAIM NO. 201-7-08
TO: CITY OF RANCHO PALOS VERDES Date of Birth of Claimant
Lyric Kaplan
Name of Claimant Occupation of Claimant
Home Address of Claimant City and State Home Telephone Number
Business Address of Claimant Citv and State Business Telephone Number
Give address and telephone number to which you desire notices or Claimant's Social Security No.
communications to be sent regarding this claim:
December 24, 2016
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date December24, 2016 Time around 6pm
If claim is for Equitable Indemnity, give date None
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:
In Rancho Palos Verdes between Conestoga Drive and Horseshoe Lane.
Describe in detail how the DAMAGE or INJURY occurred.
I was slowly driving in the car with my mother on Christmas Eve. at or around 6pm. I turned onto
Palos Verdes Drive East from Palos Verdes Drive North heading up hill toward Rancho Palos Verdes
and away from Lomita. After passing Conestoga Drive and before passing Horseshoe Lane my car
went over a large pothole. Immediately after going over the unavoidable pothole my right tire went
flat. I pulled over at the next street because it was apparent something was wrong. I got out checked
my tire and the tire was flat.
Why do you claim the city is responsible?
The city is responsible for maintaining the streets and fixing the dangerous conditions. This pothole
was large enough and deep enough to cause my brand new Mercedes to get a flat tire immediately
upon contact. The pothole was also wide enough so that avoiding it was impossible on this narrow
area of Palos Verdes Drive East. Therefore, the city is responsible for my tire replacement.
Describe in detail each INJURY or DAMAGE.
The cost to replace the flat tire on my new Mercedes. ( See the attached receipt.)
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):
PARKWAY
Estimated prospective damages as far as known:
SIDEWALK
Damage to property ....................
$ 19995
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 ........ $ 199.95
Total amount claimed as of date of presentation of this claim: $ 199.95
Was damage and/or injury investigated by police? No If so, what city?_
Were paramedics or ambulance called? No If so, name city or ambulance
If injured, state date, time, name and address of doctor of your first visit
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Beverly Kaplan Address Phone
Name Jay Kaplan Address Phone
Name Address Phone
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
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.
SIDEWALK
: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a
CURB
Date:
03/28/2017
A-2
PARKWAY
SIDEWALK
ling on
Typed Name:
i100i"laimant:
Lyric Kaplan
: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a
CURB
Date:
03/28/2017
A-2
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SILVER STAR MERCEDES INVOICE
1433 West Pacific Coast Hwy. 15654
Harbor City, CA. 90710
Phone: 310-530-0593 Fax: 310-530-0943
BAREst. # 056944
#ARD00281758
EPA #CAL000409856
INVOICE Vehicle Received: 12/28/2016 Invoice Date: 12/28/2016
KAPLAN, JAY 2016 Mercedes Benz - CLA260 - 5L, V8 (303C1) VIN(NotAv
Lic # : Odometer In : 4948
Office : =Cellular-.: VIN #:
Cust ID : 241 Hat #: 864 Ref # : TIRE
Part Description / Number Qty Sale Ext Labor Description Hours Extended
'IRE PIRELLI 91V CINTURATO 1.00 155.00 155.00 1 MOUNT AND BALANCE RIGHT FONT TIRE 0.30 30.00
WN -FLAT
225145IR17
Irg. Estimate 198.95
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Revisions 0.00 Current Estimate 198.95
Page 1 of 1
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Labor: 30.00
Parts: 155.00
SubTotal: 185.00
Tax: 13
Total: 198
Bal Due: $198
Date Time
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