RPVCCA_CC_SR_2015_04_21_D_Claim_Against_the_City_KoschilCITY OF
tliRANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CARLA MORREALE, CITY CLERK'' "
DATE: APRIL 21, 2015
SUBJECT: CLAIM AGAINST THE CITY BY CHRISTIAN KOSCHIL
REVIEWED: DOUG WILLMORE, CITY MANAGER WA
RECOMMENDATION
Reject the claim and direct staff to notify the claimant.
DISCUSSION
The claimant alleges that on July 19, 2014, at approximately 5:30 p.m., he was leaving
the Point Vicente Interpretive Center (PVIC) park grounds to return to his vehicle via the
dirt pathway from PVIC, when he stepped on a backpack sized rock. He stated his right
foot slipped off the rock and he fell onto his right leg, which resulted in him sustaining
fractures of his tibia, fibula and ankle.
The City's Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject the claim, noting that the trail immunity afforded under
Government Code 831.4 would apply to this loss.
Attachment:
Claim (page 2)
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
Name of Claimant
Christian Koschil
Home Address of Claimant City and State
Give address and telephone number to which you desire notices or
communications to be sent regarding this claim:
RESERVE FOR FILING STAMP
CLAIM NO. 61011 L4 -- I:I
RECF11V. D
CITY OF RANCHO ,,, VERDE
SEP 2 4 2014
CITY OL_FRIK'S :I
Date of Birth of Claimant
i
u ation of Claimant
EM
Horne Tele hone Number
Business Tele hone Number
Claimant's Social Securltv No.
When did DAMAGE or INJURY occur? Names of any city employees Involved in INJURY or DAMAGE
Date July 19,2014 Time approx. 6:3Upm Not Avaliable
If claim Is for Equitable Indemnity, give date
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:
Point Vincente Interpative Center in Rancho Palos Verdes on the pathway to the parking lot.
Describe In detail how the DAMAGE or INJURY occurred.
I was leaving the park grounds to return to my vehicle and walking along the dirt pathway from the
Point Vincente Interpative Center to the parking lot. As I was walking, I stepped on a backpack size
rock. My right foot slipped off the rock and I fell on my right leg. As a result, I broke my tibia, fibula,
and ankle.
Why do you claim the city Is responsible?
The incident occured on the property of the City of Rancho Palos Verdes. The city negligently,
recklessly; and carelessly designed and maintained their walkway in an unsafe manner that made
my injuries foreseeable.
Describe in detail each INJURY or DAMAGE.
1. Fractured right leg (tibia and fibula fracture) requiring surgery on July 31, 2014.
2. Broken right ankle
This Claim Must Be Signed on Page 2
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 ....................
$wA
Future expenses for medical and hospital care .
$'5•D00•oG
Expenses for medical and hospital care ...
$43.$42.00
Future loss of earnings .................. ...
$7OD
Loss of earnings ......................
$7,400.00
Other prospective special damages ..........
$Top
Special damages for ...................
$500iO 00
Prospective general damages ...............
$Tsp
Total estimate prospective damages.......
$TAD
General damages . ..... ............. . $�
Total damages incurred to date ........ $
Total amount claimed as of date of presentation of this claim: $ 566,248.:00
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 Danlsua Koschil Address Phone
N am Palrtck Riley Address Phone
Name Address Phone
DOCTORS and HOSPITALS:
Hospital Torrance Memorial Hospital Addre553330 Lomlta Blvd., Torrance, CA 90505 Data Hospitalized
Doctor Kerlan Jabs Orthopedic Clinic Ad dress 0901 Park Totraco, suite 400, Los Angelos, CA 9G045 Date of Treatmen
Doctor Mldwest Orthopedics at Ruah Hospital Add re ss 1911 W. Harrison St., Sulto 400, Chicago, IL 60912 Date of Treatment
READ CAREFULLY
For all accident claims place on following dlagram•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
'r6-1" 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.
PARKWAY
SIDEWALK
Signature pf Claimant or person filing on Typed Name:
his behalf ving relationship to Claimant: Christian KOSChii
C, 91
CURET
Date:
9/23/14
Code Sac, 72.)
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