CC SR 20201215 D - Claim Against the City Stevie Bietscher
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/15/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Stevie
Bietscher.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Stevie Bietscher.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, Deputy City Clerk
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Stevie Bietscher claim (page A-1)
B. Carl Warren & Company Claim Denial (page B-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes (City) is a member of the California Joint Powers
Insurance Authority (Authority), which provides risk management services and handles
any liability claims received by the City. Under the current practice, claims presented to
the City Clerk are forwarded by the Authority to a third-party claims administrator, Carl
Warren and Company (Carl Warren) for adjusting.
Carl Warren’s staff reviews each claim on its merits and contacts the City with any
requested action pertaining to the disposition of the claim. The City Clerk and the City
Attorney review each claim when received and work closely with Carl Warren
throughout the claims process.
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Currently, the City Council either rejects or accepts the claim at a public meeting and
Carl Warren sends a written notice of the City Council’s action to the claimant after the
meeting.
Claimant:
On June 30, 2020, the City received a claim for damages from Stevie Bietscher and
was referred to Carl Warren for review and investigation. The claimant alleges while she
was on a walk, she encountered a defect in the sidewalk which caused her to trip and
fall and sustain injuries. The sidewalk runs along the front of 5710 Crest Road in
Rancho Palos Verdes (Attachment A).
Deposition:
Carl Warren has reviewed the claim and found that the sidewalk uplift measured
approximately one inch, which would be considered a trivial defect per Government
Code section 830.2 and the uplift in the sidewalk panel does not have any jagged or
broken pieces. Carl Warren recommends denying the claim for damages (Attachment
B).
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FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City of Rancho Palos Verdes CLAIM NO. 1-020 -1[
30940 Hawthorne Blvd. TO PERSON OR PROPERTY
Rancho Palos Verdes, CA 90275
INSTRUCTIONS RECEIVED
1. Claims for death , injury to person or to personal property must be filed not CITY OF RANCHO PALOS VERDE
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
s
2. Claims for damages to real property must be filed not later than 1 year after
NOV 24 2020theoccurrence. (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 OFFIC5. 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
STEVIE BEITSCHER 10/31/1944
Name of Claimant Occupation of Claimant
28866 CRESTRIDGE ROAD, RANCH PALOS VERDES , CA 90275
Home Address of Claimant City and State Home Telephone Number
Business Address of Claimant City 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:
GNEWBRUSAVICH , 20355 HAWTHORNE BLVD., TORRANCE , CA 90503, 310-793-1400
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date 06/30/2020 Time
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Where d1d DAMAGE or INJURY occur? Descnbe fully, and locate on d1agram on Page 2. Where appropnate, g1ve
street names and address and measurements from landmarks:
SIDEWALK LOCATED AT APPROXIMATELY 5710 CREST ROAD , RANCHO PALOS VERDES , CA 90275
Describe in detail how the DAMAGE or INJURY occurred.
CLAIMANT STEVIE BEITSCHER WAS WALKING ON THE SIDEWALK LOCATED AT 5710 CREST ROAD, WHEN SUDDENLY
CLAIMANT WAS CONFRONTED WITH A DANGEROUS ROADWAY DEFECT AND AS CLAIMANT WAS WALKING THE DEFECT
CAUSED HER TO TRIP AND CRASH ON THE PAVEMENT, CAUSING SERIOUS INJURIES AND DAMAGES .
Why do you claim the city is responsible?
E
FAILURE OF THE CITY OF RANCHO PALOS VERDES AND IT'S PUBLIC WORKS DEPARTMENT BY CREATING A DANGEROUS
CONDITION ON PUBLIC PROPERTY OF WHICH THE CITY HAD ACTUAL AND CONSTRUCTIVE NOTICE , FAILURE TO PROPERLY
INSPECT, REPAIR, AND/OR MAINTAIN THE ROADWAY ALLOWING FOR A DANGEROUS CONDITION AT AT APPROXIMATELY
5710 CREST ROAD .
Describe in detail each INJURY or DAMAGE.
DAMAGES INCLUDING , BUT NOT LIMITED TO , MEDICAL EXPENSES , PROPERTY DAMAG ES, GENERAL DAMAGES , SPECIAL
DAMAGES. INJURI ES INCLUDING , BUT NOT LIMITED TO , BROKEN ARM AND KNEE PAIN .
This Claim Must Be Signed on Page 2
A-1
he 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 ............... $ ___ _
General damages ...................... $. ___ _
Total damages incurred to date ........ $-:--::-:--:---:-
Total amount claimed as of date of presentation of this claim:
Total estimate prospective damages ....... $ ___ _
PURSUANT TO GOVERNMENT CODE§ 910(f), CLAIMANT CHOOSES NOT
TO STATE TOTAL DAMAGES , PROSPECTIVE OR CURRENT . CLAIMANT'S
DAMAGES EXCEED JURISDICTIONAL LIMITS OF $25 ,000 SET BY THE
LOS ANGELES SUPERIOR COURT .
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 _0"'-'6"-/3:....:0c..:/2:..:0.;:;2.:..0 _______________ _
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name DOROTHEA LIEBICH Address Unknown to Claimant at this time Phone Unknown to Claimant at this time
Name Address Phone ________ _
Name Address Phone ________ _
DOCTORS and HOSPITALS:
HospitaiTORRANCE MEMORIAL MEDICAL CTR.Address 3330 LOMITA BLVD .. TORRANCE , CA 90505 Date Hospitalized._0_6_13_0_12_0_2_o ___ _
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
CURBJ
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
CURB""""1-
PARKWAY
Signature of Claimant or person filing on
his behalf givin relationship to Claimant:
SIDEWALK
Typed Name:
KENNETH A. HOLDREN
AGNEW BRUSAVICH
Attorneys for Claimant
Date:
II I d--2;, ( ).o )___()
NOTE : CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec . 72.)
THIS DOCUMENT IS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND .
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17862 East 17th Street, Suite 111 | Tustin, CA 92780
Tel: 657-622-4200 | Fax: 855-683-3055 | www.carlwarren.com
CA License No: 2607296
December 4, 2020
To: City of Rancho Palos Verdes
Attn: Teresa Takaoka
RE: Claimant: Beitscher, Stevie
Date of Loss: 06/30/2020
Claim Filing Date: 11/24/2020
Our File Number: 3006954 CBG
We have reviewed the above captioned claim and request that you take the action indicated
below:
• CLAIM REJECTION: Send a standard rejection letter to the claimant’s attorney.
Please provide us with a copy of the notice sent, as requested above. If you have any questions
please contact the undersigned.
Very Truly Yours,
Claudia Bray
Claims Examiner
CARL WARREN & COMPANY
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