CC SR 20250506 E - Claim Against the City Joseph Anthony Mercado
CITY COUNCIL MEETING DATE: 05/06/2025
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration of a claim against the City by Joseph Anthony Mercado.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Joseph Anthony Mercado.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Nathan Zweizig, Acting Deputy City Clerk
REVIEWED BY: Teresa Takaoka, City Clerk
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Joseph Anthony Mercado 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 April 7, 2025, the City received a claim for damages from Joseph Anthony Mercado.
The claim was referred to Carl Warren for review and investigation. The claimant states
that he was injured when he was traveling on an electric unicycle on Palos Verdes Drive
South between Peppertree Drive and Narcissa Drive on December 16, 2024. The
claimant alleges that the City is responsible for his injuries due to an unsafely placed
traffic cone in his path of travel and rough pavement conditions Palos Verdes Drive South
that caused him to crash.
Deposition:
Carl Warren has reviewed the claim and advised the City to reject it due to the
determination that the City has no liability for this accident. There are multiple signs that
alert drivers of potential hazards, and a Resolution adopted by the City Council prohibiting
bicycles, motorcycles and other similar wheeled devised from traveling along an
approximately 2 mile stretch of Palos Verdes Drive South through the landslide. Carl
Warren recommends denying the claim for damages.
2
A-1
A-2
A-3