CC SR 20201215 E - Claim Against the City Jason Gray
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 Jason Gray.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Jason Gray.
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. Jason Gray claim (page A-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.
1
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 September 20, 2020, the City received a claim for damages from Jason Gray and
was referred to Carl Warren for review and investigation. The claimant alleges that an
uplifted sidewalk caused his 10-year-old son to fall off his bike and sustain injuries.
Deposition:
Carl Warren has reviewed the claim and found that the sidewalk falls under the control
of the City of Rolling Hills Estates. Since the City of Rancho Palos Verdes has no
control over the location, Carl Warren recommends denying the claim for damages.
2
ILE WITH:RESERVECLAIMFORDAMAGES FOR FILING STAMP
CITY CLERK'S OFFICE
d0d0 ' 1Z) City of Rancho Palos Verdes
30940 Hawthorne Blvd. TO PERSON OR PROPERTY
CLAIM NO.
Rancho Palos Verdes, CA 90275 RECEIVE®
CITYOF RANCHO PALOS VERDINSTRUCTIONS
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.) NOV 2 3 20202. 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.
CI CLERK'S OFFI 4. See Page 2 for diagram upon which to locate place of accident. 1 I/
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. 12/21/2009
TO: CITY OF RANCHO PALOS VERDES Date of Birth of Claimant
Jason Grp_
Name of Claimant Occupation of Claimant
4740 Rock Bluff Dr Rolling Hills Estate, CA 90274 310) 819-5072
Home Address of Claimant City and State Home Telephone Number
Business Address of Claimant City and State Business Telephone Number
Law Offices of Samer Habbas - 200 Spectrum Center Dr, #123_0, Irvine CA 92618
Give address and telephone number to which you desire notices or Claimant's Social Security No.
communications to be sent regarding this claim:
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date 09/ 20/2020 Time 1:30 p.m.
Unknown which specific employees are involved at this time. 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:
6 Silver Spur Rd, Rolling Hills Estate, CA 90274
Describe in detail how the DAMAGE or INJURY occurred.
ES
On September 20, 2020, I was riding my bicycle on the sidewalk, the tire hit the edge of the sidewalk, which was
2- 3 inches lifted from the ground. The bike's tire jammed after hitting the edge and caused me to flip over and
hit pavement.
Why do you claim the city is responsible?
The City of Rancho Palos Verdes is responsible for my injury because they allowed for the dangerous condition of the
sidewalk to exist.
Describe in detail each INJURY or DAMAGE.
Left Arm, Radius Bone Fractured, Right Elbow, Left Elbow, Right Bruised
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 ............... $,
Total estimate prospective damages....... $Io 13e Determine(
General darnages ...................... $
Total damages incurred to date ........ $ To Be Determined
Total amount claimed as of date of presentation of this claim: $ > $
25,000
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 Alex Austin Address Phone (310) 375-1645
Name Will Austin Address Phone 310 702-8752
Name Brian Kline Address Phone 310 953-1782
DOCTORS and HOSPITALS:
Hospital Torrance Urgent Care Address 2195 Sepulveda Blvd, Torrance, CA Date Hospitalized
Doctor Brian Mago Vern, MD Address 5215 Torrance Blvd Ste 210, TorranDAte of Treatment
Doctor oii1 .medic instittltL.fQ-r—CaildLAOdress403 West Ad,i.i is Blvd. Los Angeles,@AAe 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
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
13-1" 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.
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SIDEVALK'
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Signature of Claimant or person filing on Typed Name: Date:
his behalf giving relationship to Claimant:
Samer Habbas
11/18/2020
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. A-2