CC SR 20190416 E - Claim against the City HillRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/16/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding a claim against the City by Diane Hill
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. Diane Hill claim (page A-1)
BACKGROUND AND DISCUSSION:
The claimant’s attorney alleges that his client was involved in an accident due to traffic
signals not working properly, poor street lighting and a palm tree obstructing her view at
(northbound) Western Avenue and Caddington Drive in the City of Rancho Palos
Verdes. The alleged incident occurred at 6:38 p.m. on January 30, 2019. The claim was
filed on February 27, 2019.
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 City is not responsible
as the location of the loss falls under the jurisdiction of Caltrans.
1
FILE WITH :
CITY CLERK'S OFF IC E CLAIM FOR DAMAGES
City of Rancho Palos Verdes
30940 Hawthorne B lvd .
Ran c ho Palos Verdes , CA 90275
TO PERSON OR PROPERTY
INSTRUCTIONS
1 . Claims for death, i njury to person or to personal property must be filed not
later than six months after the o ccurrence. (Gov. Code Sec. 911 .2.)
2. Claims for damages to real property must be filed not later than 1 year after
the o c currence. (G o v. Cod e Sec. 911.2.)
3 . Read en ti re cla im form before filing.
4. Se e Page 2 for diagram u pon 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
Name of Claim ant
D iane Hill
-----------No t A p p li ca bl e ---------'-------
Give address and telttphone number to you or
communications t o be sent reg ~rd i ng this claim :
Vaziri L aw Grou p -5757 Wilshi re Blvd . #670, L os Ang eles, CA 90036
occu
Date 1-30 ·19 Time ..:.6:::::38;.::.P·:;;;m·;__ ___ _
If claim is for Equitable Indemnity, give date
claimant se rved with t he complaint:
Date ·
street names and address, and measurements from landmarks:
RESERVE FOR FILING STAMP
CLAIM NO. c20l'i ~ 01(
Ht:Gc:hrt:U
·;iTY OF RANCHO PALOS V ERD E~.
FEB 2 7 2019
0 ~TY Cl CRK'I S OFFir:r \ .... ': ~ .. ~-f.:~.· . \. "{·: :i' ........
• • I : • fl I laimant
• I I I I i man t
••fl· . "lltl: ~ I ber
Busi ness Telephone Number
----------N/A--------
Northbo und West e rn A ve & Caddington A v e, Rancho Pa los Verdes , CA 90275
Describe in det ail how the DAMAGE or INJURY occurred.
Accide nt and Injury occu rred due to traffic signal no t properly fu nct ioning. poor lit street . city owned pa lm tree obstructing view of traffic lighUintersectlon.
Why do you c laim the city is re s ~on s i.ble?
The city of Ran cho Palos Verd es has the duty to maintain a nd co n trol c ity traffic lights
to ensure t he functionali ty an d safety to the p ublic
Desc ribe In det ail each INJ URY or DAMAGE.
I njury to claimant's head, neck, u p p e r back , dizziness, head aches, pain to righ t sid e of
ch est, insomnia, anxiety to drive & nausea. Claima n t is still treating an d damages are
contin uing.·
This Claim Must Be Signed on Page 2
A-1
The amount claimed, as of the date of p resentation of this claim, IS computed as f ollows:
Damages incurred t o date (exact): Estimated prospective damages as far as known :
Damage to property .................... $ 2•.ooo • Future expenses for medical and hospita l care . $ ,...,. ............. ...
Expenses for medical and hospital care ... $ oominuino Future loss of earn ings ..................... $ •·~···-""''"""'
Loss of earnings ...................... $none Other prospective spec ial damages .......... $ ••• ,, ....... , .. ..
Speci al damages for ................... $ Prospective general damages ............... $ •••• ,. ........... "'~~
Total estimate prospective damages ....... $ .... , .......... , ... ,
General damages ...................... $ continuing
Total damages incurr ed to date ........ $ <XW"<Inulng
Total amount claimed as of date of presentation of this c laim : $
damages are continuing.
Was damage and/or Injury investigated by police? ves If so, what city? LOMITAsHeRIFF'soePTILA c ouNrv s HER IFF·s oePr
Were paramedics or ambulance ca lled? NO If so, name city or ambulance .:.:N::::O·:...._ _____________ _
If injured, state date, time, name and address of doctor of your first visit _r_oR_RA_N_;CE'--M_eM_o_R,_"'-_H_o_sP_n _AL __________ _
Nam
Name --···-·-·-----..
Name ........................... ..
DOCTORS and HOSPITALS:
Hosp
Doctor
Doctor
READ CAREFULLY
For all accide nt c laims 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 " loca t ion of City Vehicle
when you first saw it, and by "8 " locati on 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
"8-1" and the point of impact by "X." NOTE : If diag ram s
below do not fit the situation , attach hereto a proper
diagram signed by the claimant.
SIDEWALK
CURB .
me:
SIAMAK VAZIRI, ESQ.NAZIRI
WGROUP,APC
Sec. 915a). Presentation of a false claim is a
PROVIDED TO A REQUESTOR UPON DEMAND.
72.)
A-2