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CC SR 20221004 H - Claim Against the City Siddhartha Sahay CITY COUNCIL MEETING DATE: 10/04/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Siddhartha Sahay, et al. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Siddhartha Sahay, et al. 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, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Siddhartha Sahay 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. Claimant: 1 On September 22, 2022, the City received a claim for damages from AlderLaw, representing Siddhartha Sahay, et al. The claim was referred to Carl Warren for review and investigation. The claimant states that on March 22, 2022, Sunil Nandan Sahay was struck by a vehicle and pronounced deceased on the scene. The claim alleges the City is at fault due to inadequate traffic signals, warnings, and improperly maintained intersection. Deposition: Carl Warren has reviewed the claim and found there is no liability because the traffic collision report places liability on the decedent for walking across the roadway outside of a crosswalk and failing to yield to oncoming traffic. Therefore, Carl Warren recommends denying the claim for damages. 2 A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 A-14