CC SR 20210119 E - Claim Against the City - deJesus Reynaga SanchezRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/19/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Terecita de
Jesus Reynaga Sanchez.
RECOMMENDED COUNCIL ACTION:
1)Reject the claim and direct Staff to notify the claimant, Terecita de Jesus
Reynaga Sanchez.
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, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Terecita de Jesus Reynaga Sanchez 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
Claimant:
On September 15, 2020, the City received a claim for damages from Terecita de Jesus
Reynada Sanchez and was referred to Carl Warren for review and investigation. The
claimant stated that she was travelling south bound on Hawthorne Blvd approaching
the intersection of Los Verdes Drive when a second vehicle pulled out from Los Verdes
Drive and T-boned her vehicle. The claimant alleges the City is at fault for this accident
due to a bus stop and bushes limiting the line of sight.
Deposition:
Carl Warren has reviewed the claim and found that there is no liability for the City; the
bus stop does not create a line of sight issue; and, the shrubbery is not owned nor
maintained by the City. Carl Warren recommends denying the claim for damages.
2
FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
CLAIM NO. zo ZD -08 City of Rancho Palos Verdes TO PERSON OR PROPERTY 30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
INSTRUCTIONS RECEIVED
1. Claims for death, injury to person or to personal prdperty must be filed not CITY OF RANCHO PALOS VERDES 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 SEP 1 5 2020 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. CITY CLERK'S OFFICE 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 Date of Birth of Claimant
Name of Claimant Occupation of Claimant
Terecita de Jesus Reynaga Sanchez
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:
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date 06/1512020 Time 4·00 pm
If claim is for Equitable Indemnity, give i:late
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:_
Hawthorne Blvd. and Los Verdes Dr. in Rancho Palos Verdes
Describe in detail how the DAMAGE or INJURY occurred.
I was driving southbound on Hawthorne Blvd ... when a person dnving out of Los Verdes Dr., T -boned my car in the passenger's side causing my car to sv
hitting a sign and ending up in the northbound Hawthorne Blvd. Hawthorne Blvd in that section is going down and 1t's kinda curvy, the speed lim1t is 45rn
Why do you claim the city is responsible?
The N/W comer of Hawthorne Blvd has a large wall with bushes and also a bus stop that makes it difficult to see southbound traffic which contr1buted to
other party not being able to see me and hitting my passenger side. The curve going down at that speed along with those bushes and the bus stop are a big
hazard to anybody who is driving in that area. It is also my undertanding that many accidents have happened in this locatiOn. The city IS responsible for
maintammg all areas vis1ble to all drivers there and they have fa1led m this.
Describe in detail each INJURY or DAMAGE.
The car that I was driving at that time was declared a total loss by the insurance company. At that time of the accident I expenenced a severe panic attack
wh1ch was making it difficult for me to breath. Somebody called 911 and paramedics came and took me to the ER. There I had some Xrays and later
released. Ever since the day of the accident I have been having severe pain m my back and also in my left arm and left leg. Since the acc1dent I have gone
see a pain management specialist and a chiro. I have also gotten MRis done which prove all the injuries that I sustained dunng th1s accident.
This Claim Must Be Signed on Page 2 A-1
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 ....•............... $ 4,448.55 Future expenses for medical and hospital care . $ 120,000.00
Expenses for medical and hospital care ... $ Around $30,000 Future loss of earnings ..................... $. ___ _
Loss of earnings ...•............••.•.. $ 6DD no Other prospective special damages .......... $ . .....,..,rrm....,.,,..,-
Special damages for ................... $ Prospective general damages ............... $ 60,000.00
Total estimate prospective damages ....... $ 180 ooo oo
General damages ...................... $....,.~n-r;.-
Total damages incurred to date ........ $ 35,048.55
Total amount claimed as of date of presentation of this claim: $ 215,048.55
Was damage and/or injury investigated by police? yes If so, what city?_R_an_c_ho_P_ai_o_s _v_e_rd_e_s ----------
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--------------------
Concentra Urgent Care 1149 W. !90th Street Torrance, CA 90248
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Address Phone ________ _
Name Address Phone ________ _
Name Address Phone ________ _
DOCTORS and HOSPITALS:
Hospital -------------'Address Date Hospitalized..__-:-:-:------
Doctor California Sports and Spine Address 4477 W I 18th Street, #501, Hawthorne, C6i/62~~ Treatment still treatmg
Doctor Avanced Health Center Address 2930 W Imperial Hwy, Ste 316 .. InglewooQPilte~'lleatment still treatmg
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 "8" location of yourself or
CURBJ
Hawthorne Blvd
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 diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the claimant.
SIDEWALK
SIDEWALK
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
Typed Name: Date:
Terecita Reynaga 9/8/2020
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
This document was signed by:
Terecita Reynaga
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.VlNESIGN.COM
A-3