CC SR 20171108 G - Claim Against the City LoddengaardRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 11/08/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action regarding a claim against the City by James
Loddengaard.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant.
FISCAL IMPACT: None
Amount Budgeted:
Additional Appropriation:
Account Number(s):
ORIGINATED BY: Emily Colborn,
REVIEWED BY: Gabriella Yap,
APPROVED BY: Doug Willmore
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City Clerkle�
Deputy City Manager
, City ManagerJ� AWL
ATTACHED SUPPORTING DOCUMENTS:
A. James Loddengaard claim (page A-1)
BACKGROUND AND DISCUSSION:
The claimant states that he sustained personal injuries while riding his bicycle along
Palos Verdes Drive South. The alleged incident occurred on August 12, 2017, and the
claim was filed on September 7, 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 this area is known for land
movement. Therefore, it does not appear as though the City has any liability for the
incident.
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Brown, Brown & Brown
David S. Brown; Bar No. 89438
23326 Hawthorne Boulevard, Suite 380
Torrance, CA 90505-3725
310-378-3733; fax 310-378-0703
mrtorts@aol.com
Attorneys for Claimant
C
CITY CLERK
CITY OF RANCHO PALOS VERDES
James Loddengaard, M.D., Claimant,
V.
City of Rancho Palos Verdes,
Respondent.
CLAIM FOR DAMAGES
L
James Loddengaard, M.D. presents his claim pursuant to Government Code
section 910 et seq. as follows:
(a) The name and post office address of the claimant are:
James Loddengaard, M.D.
23456 Hawthorne Blvd., 300
Torrance, CA 90505
(b) The post office address to which the person presenting the claim desires
notices to be sent is:
Brown, Brown & Brown
23326 Hawthorne Boulevard, Suite 380
Torrance, California 90505-3725.
(c) The date, place and other circumstances of the occurrence or transaction which
gave rise to the claim asserted are:
CLAIM FOR DAMAGES
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RECEIVED
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C
CITY CLERK
CITY OF RANCHO PALOS VERDES
James Loddengaard, M.D., Claimant,
V.
City of Rancho Palos Verdes,
Respondent.
CLAIM FOR DAMAGES
L
James Loddengaard, M.D. presents his claim pursuant to Government Code
section 910 et seq. as follows:
(a) The name and post office address of the claimant are:
James Loddengaard, M.D.
23456 Hawthorne Blvd., 300
Torrance, CA 90505
(b) The post office address to which the person presenting the claim desires
notices to be sent is:
Brown, Brown & Brown
23326 Hawthorne Boulevard, Suite 380
Torrance, California 90505-3725.
(c) The date, place and other circumstances of the occurrence or transaction which
gave rise to the claim asserted are:
CLAIM FOR DAMAGES
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On 8-12-17, Dr. Loddengaard was riding his bicycle south on the bicycle
path along Palos Verdes Drive South, just south of Peppertree, when he
was thrown by a pavement defect caused by a defective repair. The
defect was an upward ramp about 2" high and 4" long. The defective
repair was made sometime after April 2016. The dangerous condition
was subsequently repaired on or about 8-25-17. The following photos
show the defect:
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CLAIM FOR DAMAGES
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(d) A general description of the indebtedness, obligation, injury, damage or loss
incurred so far as it may be known at the time of presentation of the claim is:
Claimant was hospitalized with 10 fractured ribs [4 with 2 fractures], a
fractured scapula, and a collapsed lung [hemopneumothorax, with
trapped blood and air]. The total of the medical bills is unknown. The
total of the loss of earnings is unknown.
(e) The name or names of the public employee or employees causing the injury,
damage or loss, if known are:
Not applicable, because unknown.
(f) Jurisdiction of this claim will rest in the Superior Court as an unlimited civil case.
September 5, 2017
Brown, Brown & Brown
David S. Brown
Attorneys for Claimant
CLAIM FOR DAMAGES
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PROOF OF SERVICE BY MAIL
1013a, 2015.5 C.C.P.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I declare as follows:
I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action; my business address is: 23326
Hawthorne Boulevard, Suite 380, Torrance, California 90505.
On this date, I served the foregoing document described as:
CLAIM FOR DAMAGES
on the interested parties in this action by placing a true copy thereof enclosed in a
sealed envelope, via certified mail, addressed as follows:
Office of the City Clerk
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
I caused such envelope with postage thereon fully prepared to be placed in the
United States mail at Torrance, California. I am readily familiar with the firm's practice
of collection and processing of correspondence for mailing with the U.S. postal service.
It is deposited with the U.S. postal service on that same day in the ordinary course of
business. I am aware that on the motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day after the
date of deposit for mailing contained in the affidavit.
I declare under penalty of perjury that the above is true and correct. Executed
on September 5, 2017 at Torrance, California.
Joan B. Brown
CLAIM FOR DAMAGES
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