CC SR 20220405 E - Claim Against the City Carter Thorton
CITY COUNCIL MEETING DATE: 04/05/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Thornton Carter.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Thornton Carter.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Enyssa Momoli, Administrative Assistant
REVIEWED BY: Teresa Takaoka, City Clerk
APPROVED BY: Ara Mihranian, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Thornton Carter 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
CITYOF RANCHO PALOS VERDES
Claimant:
On March 7, 2022, the City received a claim for damages from Thornton Carter. The claim
was referred to Carl Warren for review and investigation. The claimant states that on
February 25, 2022, his vehicle suffered two flat tires due to potholes on Palos Verdes
Drive North and South Western Avenue. The claimant is requesting reimbursement for
the two tires only. The claimant alleges the City is at fault due to lack of maintenance of
the street.
Deposition:
Carl Warren has reviewed the claim and found that there is no liability for the City as the
incident did not occur in the City of Rancho Palos Verdes. Carl Warren recommends
denying the claim for damages.
2
A-1
~
1
1~~~~~K'SOFFICE CLAIM FOR DAMAGES
City of Rancho Palos Verdes TO PERSON OR PROPERTY 30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be flied not
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
the occurrence. (Gov. Code Sec. 911.2.)
3. Read ent!re cla!m form before fl!ing.
4. See Page 2 for diagram upon 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 Claimant
' ?~,<.,.
RESERVE FOR FILING STAMP
CLAIM NO. '2o22-Ob
RECEIVED
CITY OF AANCt-10 .PALOS VERDES
MAR -7 2022
CITY CLERK'S OFFICE
Date of Birth of Claimant
Occupation of Claimant
. When ~l<yD.l\ftll~GE or INJUR -oc~yr?
Date~Afbo21. L Time /.jJf~:/1r,..)
If claim is for Equitable Indemnity, give ate '
claimant served with the complaint:
-Names of any city employees involved In INJURY or DAMAGE
ti/~
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2 . Where appropriate, give
street name& and address and measurements from landmark&:
Describe in detail how the DAMAGE or INJURY occurred.
(:J)7wo r l-1T 7z:µ:~J
This Claim Must Be Signed on Page 2
A-2
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages Incurred to date (exact): c.· _I:,'f
Damage to property .................... s.1 l'G"': Estimated prospective damages as far as known:
Future expenses for medical and hospital care . $ <P
Expenses for medical and hospital care ... $ tlii
Loss of earnings ...................... $ &
Special damages for •..•............... $_....,'§? __ _
General damages ........•............. $ <v "7fY
Total damages incurred to date •....... $ :39/2
Total amount claimed as of date of presentation of this claim:
Future loss of earnings ...•..........•...... $ ~
Other prospective special damages ........•. $ __ &.,_ __
l>rospective general damages .•....•........ $ &. 41::U
Total estimate prospective damages ....... $ .'{fo/4,~
$
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 flr;.t vls}t __ _,,llf..._,/,~-+-~---------------
WITNESSES to DAMAGE or INJURY: list all pers e info
Name K,,.. lo-7 CA.&-rell Address Phone Name. ____________ --'Address _________________ .Phone ________ _
Name ____________ ~Address. _________________ Phone ________ _
DOCTORS and HOSPITALS: J-j/4-
Hospital ____________ .Address ______________ Date Hospitalized. ______ _
Doctor Address Date of Treatment ______ _
Doctor Address Date of Treatment ______ _
READ CAREFULLY
For all accident claims place on followlng diagram names your vehicle when you first saw City vehicle; location of
of structs, ln~lu.:lh'i!j ~~c,rt"I, Cast, Suuth, aiid West; Indicate City vehicle at time of accident by "A-1" and location of
place of accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by
or distances to street corners. If City Vehicle was "B-1" and the point of impact by "X." NOTE: If diagrams
involved, designate by letter "A" location of City Vehicle below do not flt the situation, attach hereto a proper
when you first saw It, and by "B" location of yourself or diagram signed by the claimant.
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Signatu.-e of Claimant c:-p::~:::-: ~!::-:; :::-:
his behalf giving relationship to Claimant:
Typed Na~::: Date:
: : _ :-=. ::...:·..:~.:: ~-:·.::-:-:: :-:~:: ·.:.::~: ::~-" ':!..?:~!< !~ci_,_ '::::!:: ~=·c. ~'! 5:i}. :':-:=:::~!:;!:on uf a f~h;~ c!aEm is a felony {Pen. Code Sec. 72.)
THIS DOCUMENT IS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND.