RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/17/2016 AGENDA HEADING: Consent Calendar

Transcription

1 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/17/2016 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding two claims against the City by Rick Anthony Egan and Dylan Michael Egan. RECOMMENDED COUNCIL ACTION: 1) Reject the claims and direct Staff to notify the claimants attorney. FISCAL IMPACT: Amount Budgeted: Additional Appropriation: Account Number(s): None ORIGINATED BY: Carla Morreale, City Clerk REVIEWED BY: Same as above APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Rick Anthony Egan Claim (page A-1) B. Dylan Michael Egan Claim (page B-1) BACKGROUND AND DISCUSSION: The claimants allege that their claims, filed with the City on April 27, 2016, are for indemnity for potential damages in a lawsuit filed against them on October 20, These claims are based on a motorcycle and automobile accident that occurred on December 9, 2014, near the intersection of Palos Verdes Drive West and Rue Beaupre, which has resulted in a lawsuit, Jeremy Divona vs. Dylan Michael Egan; Rick Anthony Egan; Yu Living Trust; and the City of Rancho Palos Verdes. The Jeremy Divona claim was considered and rejected by the City Council on July 21, 2015, and the Yu Living Trust claim was considered and rejected by the City Council on May 3, Dylan Michael Egan is a defendant in the lawsuit since he was driving a vehicle involved in the accident; and Rick Anthony Egan is a defendant in the lawsuit since he is the father of minor Dylan Michael Egan. The City s Claims Administrator, Carl Warren and Company, has reviewed the claims and advised the City to reject the claims as the City has no liability in this matter. Dylan Egan failed to yield to his stop sign, while Jeremy Divona contributed to his own accident by traveling on his motorcycle at an unsafe speed. Lastly, although shrubbery may have blocked Mr. Egan s line of sight, the shrubbery is owned by a private party. 1

2 CLAIM FOR DAMAGES FILE WITH: City of Rancho Palos Verdes Hawthorne Blvd. TO PERSON OR PROPERTY Rancho Palos Verdes, CA INSTRUCTIONS 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 ) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec ) 3. Read entire claim form before filing. 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 Rick Anthony Egan RESERVE FOR FILING STAMP CLAIM NO. 2 0) lo -4 Cf RECEIVED CITY OF RANCHO PALOS VERDES APR of Birth of Claimant n/a Occupation of Claimant Business Telephone Number n/a Claimant's Social Security No. When did DAMAGE or INJURY occur? Time If claim is for Equitable Indemnity, give date claimant served with the complaint:? /;l.( I" Names of any city employees involved in INJURY or DAMAGE Unknown 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: At or near the intersection of Palos Verdes Drive West and Rue Beaupre within the City of Rancho Palos Verdes. Describe in detail how the DAMAGE or INJURY occurred. On December 9, 2014, Jeremy Divona and claimant's son, Dylan Egan, were involved in a motor vehicle collision in Rancho Palos Verdes. Divona filed a civil lawsuit on October 20, 2015 alleging causes of action against the claimant, the City of Rancho Palos Verdes, and various other defendants. The claimant contends that he is not liable for Divona's damages, and that the City of Rancho Palos Verdes owes him equitable indemnity for any damages, costs, and other expenses he may incur as a result of Divona's lawsuit. Why do you c!aim the city is responsible? The claimant believes the location of the accident was a dangerous condition of public property. The City negligently maintained the subject intersection by - including but not limited to - negligently placing the stop sign and/or limit line on Rue Beaupre near the intersection. The location of the stop sign and/or limit line made it difficult or impossible for drivers to see oncoming traffic. Describe in detail each INJURY or DAMAGE. The claimant is unaware of the extent of his potential losses because the plaintiff in the civil case against him has not proven his damages. However, the case is venued in unlimited jurisdiction superior court, so damages of over $25, are anticipated. This Claim Must Be Signed on Page 2 A-1

3 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... $ 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... $ General damages... $ Total damages incurred to date... $ Total amount claimed as of date of presentation of this claim: $ Unknown, but in excess of $25, Was damage and/or injury investigated by police? Yes If so, what city?_la_c_o_un"'"ty Were paramedics or ambulance called? Yes If so, name city or ambulance _u_nk_no_wn If injured, state date, time, name and address of doctor of your first visit _n,_a WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Jeremy Divona Name Justin Shimizu Name Michael Metano DOCTOf{S and HOSPITALS: Hospital Hospitalized of Treatment of Treatment READ CAREFULLY For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of of streets, including North, East, South, and 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 fit the situation, attach hereto a proper when you first saw it, and by "B" location of yourself or diagram signed by the claimant. CURBJ PARKWAY Signature of Claimant or person filing on his behalf giving relationship to Claimant: Typed Name: : John D. Stanley April 22, 2016 BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) A-2

4 FILE WITH: City of Rancho Palos Verdes Hawthorne Blvd. Rancho Palos Verdes, CA CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 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 ) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec ) 3. Read entire claim form before filing. 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 RESERVE FOR FILING STAMP CLAIM NO. 20f lp- tf B RECEIVED cnv OF RANCHO PALOS VERDES APR of Birth of Claimant Name of Claimant Dylan Michael Egan When did DAMAGE or INJURY occur? Time If claim is for Equitable Indemnity, give date claimant served with the complaint: ; I,;l. C:, / I ' 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: At or near the intersection of Palos Verdes Drive West and Rue Beaupre within the City of Rancho Palos Verdes. Describe in detail how the DAMAGE or INJURY occurred. On December 9, 2014, Jeremy Divona and Dylan Egan were involved in a motor vehicle collision in Rancho Palos Verdes. Divona filed a civil lawsuit on October 20, 2015 alleging causes of action against the claimant, the City of Rancho Palos Verdes, and various other defendants. The claimant contend that he is not liable for Divona's damages, and that the City of Rancho Palos Verdes owes him equitable indemnity for any damages, costs, and other expenses he may incur as a result of Divona's lawsuit. Why do you claim the city is responsible? The claimant believes the location of the accident was a dangerous condition of public property. The City negligently maintained the subject intersection by - including but not limited to - negligently placing the stop sign and/or limit line on Rue Beaupre near the intersection. The location of the stop sign and/or limit line made it difficult or impossible for drivers to see oncoming traffic. Describe in detail each INJURY or DAMAGE. The claimant is unaware of the extent of his potential losses because the plaintiff in the civil case against him has not proven his damages. However, the case is venued in unlimited jurisdiction superior court, so damages of over $25, are anticipated. This Claim Must Be Signed on Page 2 B-1

5 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... $ 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... $ General damages... $ Total damages incurred to date... $ Total amount claimed as of date of presentation of this claim: $ Unknown, but in excess of $25, Was damage and/or injury investigated by police? Yes If so, what city?_la_c_a_un"""ty If so, name city or ambulance _u_nk_no_w_n Were paramedics or ambulance called? Yes If injured, state date, time, name and address of doctor of your first v i s i t - " - ' " WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Jeremy Divona Name Justin Shimizu Name Michael Melano DOCTOl~S and HOSPITALS: Hospital. Hospitalized of Treatment of Treatment READ CAREFULLY For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of of streets, including North, East, South, and 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 fit the situation, attach hereto a proper when you first saw it, and by "B" location of yourself or diagram signed by the claimant.,,.. l I~ (V\v...ii-r YJytWn e~m'- CURBJ v. lol/151~ C!JRBT PARKWAY Signature of Claimant or person filing on his behalf giving relationship to Claimant: Typed Name: : John D. Stanley April 22, 2016 E FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) B-2