CC - Item 4H - Reject Claim Against the City - Heirs of Manuel Ralph Avitea R
leport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: NANCY VALDERRAMA, CITY CLERK
DATE: JANUARY 20, 1999
RE: AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY-HEIRS OF
MANUEL RALPH AVITEA
The attached claim was received in this office on December 21, 1998. A copy was sent to the
City's claims adjuster, Carl Warren & Company on the same day.
Carl Wan-en & Company sent a notice on December 27, 1998, recommending that this claim be
rejected by the City.
RECOMMENDATION
It is recommended that the City Council approve the rejection of this claim and authorize a letter
of rejection be sent to the heirs of the claimant.
:nv
COUNCIL AGENDA
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JAN 2 61999
ITEM No.
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C O py Cl7 JAN 1319yq
CITY CLEWS OFFICE
GOVERNMENTAL ENTITY PRELIMINARY REPORT
TO:Carl Warren :. 'ompany DATE: 01/05/99
750 The y Drive, Suite 400 CLAIMANT: Heirs of Manuel Avitea
Orant CA 92868 FILE NO: S 100505 SWQ
• n: Richard Marone
D ' ENT: 6-22-98 FILING DATE: 12-21-98 SIX MOS.: YES
PRINCIPAL/CITY: CJPIA/City of Rosemead
RECOMMENDED ACTION ON CLAIM: Rejection.
FACTS: The pedestrian claimant sustained fatal injuries when he was struck by a motor
vehicle. Allegations have been made that the City was maintaining a dangerous condition of
public property.
POSSIBLE CO-DEFENDANTS: Motorist involved in the collision.
EVALUATION: Extremely questionable liability case.
RESERVES TYPE OF CLAIM AMOUNT
1. Heirs of Manuel Avitea LBI $25,000.00
COMMENT/WORK TO BE COMPLETED: Our further report will follow shortly.
Very truly yours,
CA WARREN & COMPANY
a t > %as< -
Stephen A. White
City of Rosemead, Attn. Nancy Valderrama
cc: CJPIA - Attn.: Executive Director
CARL WARREN & CO.
CLAIMS MANACEMENT•CLAIMS ADJUSTERS
750 The City Drive•Ste 400•Orange,CA 92868
Mail.P.O.Box 25180•Santa Ana,Ca 92799-5180
December 27, 1998 RECEIVED
CITY OF ROSEMEAD
JAN 4 1999
ADMINISTRATION
TO: City of Rosemead
ATTENTION: Nancy Valderrama, City Clerk
RE: Claim Avitea v City of Rosemead
Claimant Heirs of Manuel Ralph Avitea
D/Event 22-Jun-98
Rec'dY/Office : 21-Dec-98
Our File S-IOOSbcSWQ
We have reviewed the above captioned claim and request that you take the action indicated
below:
• CLAIM REJECTION: Send a standard rejection letter to the claimant
Please provide us with a copy of the notice sent, as requested above. If you have any
questions please contact the undersigned.
Very truly yours,
CARL WARREN& COMPANY
Dwight J. Kunz
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
750 The City Drive•Ste 400.Orange,CA 92868
Mail. P.D.Box 25180•Santa Ana.Ca 927:8-5180
Phone'(714)740-7599•(BN)572-WJO• Fax:(714)740-9412
MAYOR i '% (P if i \VW)SLVI�I�
AYORt W pPUESCH I A�
MAYOR PPO TEM: Casa
JOE VASOVEZ
couxcaMEMBERS: TT14-e:J'���y�+p7 8838 E.VALLEY BOULEVARD PO.BOX 399
MARGARET CLARK ROSEMEAD,CALIFORNIA 91770
JAY 1.IMPERIAL ■V TELEPHONE(626(288-6671
GARYA TAYLOR FAX(626)307-9218
December 21, 1998
Dwight J. Kunz
Senior Account Manager
750 The City Drive, Suite 400
Orange, CA 92668
RE: CAMThLE AVITEA
Dear Mr. Kunz:
The attached Claim for Personal Injuries was received in my office today. The City does not have
any prior information on this claim.
Please advise as to the steps you wish to take in this matter.
Sincerely,
NANCY VALDERRAMA
City Clerk
Attachment
cc: City Attorney
clailms:adjlml
1 JOSEPH P. PIERRY, ESQ. , (BAR NO: 136774)
PIERRY & MOORHEAD, LLP
2 301 N. Avalon Boulevard
Wilmington, California 90744
3 (310) 834-2691 (213) 775-6348
4 Attorneys for Claimant, L`C.Cii" '`
CAMILLE AVITEA, Personal Representative
CITY OF RCSEMirAD
5 of the Heirs of the Estate of -,. ni 0c;n
MANUEL RALPH AVITEA -d 6 �.:�b
6
CITY CLERICS OFFICE
7
8
9
10
11 CAMILLE AVITEA, Personal ) CLAIM FOR PERSONAL INJURIES
Representative of the Heirs )
12 of the Estate of MANUEL )
RALPH AVITEA, Deceased. )
13 )
Claimant, ) (Section 910 of the Government Code)
14 . )
vs. )
15 )
CITY OF ROSEMEAD, )
16 )
Respondent. )
17 )
)
18 I )
191 TO THE CITY OF ROSEMEAD
20 YOU ARE HEREBY NOTIFIED that CAMILLE AVITEA, Personal
21 Representative of the Heirs of the Estate of MANUEL RALPH AVITEA, whose
22 address is 3192 Walnut Grove Avenue, Rosemead, California 90770, claims
23 damages from the CITY OF ROSEMEAD in the amount of, computed as of the
24 date of presentation of this claim in excess of $2 , 000, 000 (Two Million
25 Dollars) .
26 This claim is based on personal injuries ultimately resulting in
27 i death sustained by claimant's decedent, MANUEL RALPH AVEITA on or about
28 June 22 , 1998 , in the vicinity of San Gabriel Boulevard near the
1 intersection of Park Street, City of Rosemead, California, under the
2 following circumstances:
3 Claimant's Decedent, MANUEL RALPH AVEITA, was a pedestrian crossing
4 San Gabriel Boulevard when he was struck and run over by a motor
5 vehicle.
6 Claimant's Decedent, contends that MANUEL RALPH A\'EITA' s accident
7 and injuries and death were caused by the negligence and carelessness of
8the City of Rosemead, and its agents and employees who failed to
9 maintain, repair, construct, control the public property in a safe
10 condition; failed to keep unsafe areas posted with warning devices;
11 failed to have competent supervisory personnel to inspect for any
12 dangerous conditions; failed to have an adequate safety system or
13 measures in place; created and/or allowed a dangerous condition to exist
14 on said premises; failed to provide traffic and/or warning signals,
15 signs, markings and/or devices; and, failed to employ competent and
16 careful contractors. (Government Code, Sections 815, 815 . 4 , 815. 6, 630,
17 830. 8 , 835, 835 . 4) . The City of Rosemead and its agents and employees
181 knew or should have known of the existence of the dangerous condition on
19 said public property well prior to the happenings of claimant' s accident
20i and negligently did not warn of said dangerous condition.
21 ' The amount claimed, as of the date of presentation of this claim,
22 is computed as follows:
23 Damages incurred to date :
24 Expenses for medical and hospital care - According to Proof
25 Loss of Earnings - Unknown
26 Special Damages - Unknown
27 General Damages (in excess of) - $1 , 000 , 000 . 00
28I 7//
1 Total Damages Incurred to Date
2 (in excess of) - $1, 000, 000 . 00
3 Estimated prospective damages
4 as far as known - According to Proof
5 Future expenses for medical
6 and hospital care - Unascertained
7 Other prospective special damages - Unknown
8 Prospective General Damages
9 (in excess of) - $1, 000, 000 . 00
10 Total estimated prospective damages
11 (in excess of) - $1 , 000, 000. 00
12 Total Amount Claimed as of date of
13 presentation of this claim
14 (in excess of) - $2 , 000, 000. 00
15
16 All notices or other communications with regard to this claim
17 should be sent to claimant at: Pierry & Moorhead, LLP, 301 North Avalon
18 Boulevard, Wilmington, California 90744 .
19 Dated: December 16 , 1998 PIERRY & MOORHEAD, LLP
20
21 BY 41111w
447
/ JO EPH P. PIERRY
22 A torneys for Claimant
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