CC – Item 4A – Authorization to Reject Claim Against City of Whittier Union School District 5 E M
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stat f,eport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: NANCY VALDERRAMA, CITY CLERK 9
DATE: SEPTEMBER 2, 1998
RE: AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY WHITTLER
UNION SCHOOL DISTRICT
The attached claim was received in this office on August 19, 1998. A copy was sent to the City's
claims adjuster, Carl Warren & Company on the same day.
Carl Warren & Company sent a notice on August 24, 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 claimant.
:nv
COUNCIL AGENDA
,'gmd. SEP 08 1998
ITEM No. �. Cd-4 •
I
�JJJ RECEIVED
CITY OF ROSEMEAD August 24. 1998
AUG 2 61998
CIN CLERKS OFFICE
TO: City of Rosemead
.ATTENTION: Nancy Valderrama, City Clerk
RE: Claim Whittier USD V. City of Rosemead
Claimant Whinier Union High School District
D/Event 01-Apr-98
Reed Y/Office : 18-Aug-98
Our File S-100065-SWQ
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
7
Dwight J.Kunz
cc: C.1PIA w/enc.
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
Phone:(714)740-7999 Ext. 140•(800)572-6900•Fax:(714)740-9412
•
16- vy
FJCS C 1.1 POSCSimead
MAYDA PRO TEM SAM
couxouneuseFs.. war, 6E36 E. VALLEY CALIFORNIARD-P.O. PDX 399
3IMF' IAL ROSEMEAD. LIFORI9'070
JA v mr[9i°� TELEPHONE(G25)288-6071
anavn 15Y`OA. FAX 1629)3079216
August 19, 1998
Dwight J. Kunz
Senior Account Manager
750 The City Drive, Suite 400
Orange, CA 92668
RE: LORRAINE SAWYER-WHITTIER UNION HIGH SCHOOL DISTRICT
Dear Mr. Kunz:
The attached claim was received on .August 18, 1998. 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
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19 '99 _: :254M 714 740 7050
CheittineA wager WOGEE, HAGNER & HUDES of cawvaL
Foye R Bogner
Ening Nudes A Pro/hebnal Lew Corporation Myra RaoeE,aty
Helen S. Mier
Lupe G. Morale.. 770 The Cloy Drive Sowh, Suite 5700 Telephone
John C. Cyprian Orange, Calf mb 92888 /714 700-7050
Raymond J. 8ordelon Fee:Wig
A'O'C. Moore 101700.7056
August 18, 1998 RECEIVECC
CITY OF ROSEMEAD
City of Rosemead AUG 191998
8838 East Valley Boulevard
Rosemead, California 91770-1714
CITY CLERK'S OFFICE
Attention : Nancy Valderrama, City Clerk
SENT VIA FAC IMILE TRANSMISSION_ AND U.S. MAIL,
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
RE : Lorraine M. Sawyer vs . Whittier Union High School District
Subrogation Claim of Whittier Union High School District
Claim Number 97-0075
Date of Injury : April 1 , 1998
Dear Ms . Valderrama:
Please . be advised our office has been retained by Whittier Union
High School District to enforce their subrogation rights for
workers ' compensation benefits paid as a result of a slip and
fall/industrial injury occurring to their employee, Lorraine
Sawyer . This letter will serve as a claim to be presented on
behalf of Whittier Union High School District pursuant to
California Government ode Section 910.
TO: CITY OF ROSEMEAD:
Name of Claimant:
WHITTIER UNION HIGH SCHOOL DISTRICT
9401 South Painter Avenue
Whittier, CA 90605
NAME AND ADDRESS WHERE CLAIMANT DESIRES NOTICES OR COMMUNICATIONS
TO BE SENT REGARDING THIS CLAIM:
LAW OFF?CES OF WOGEE, HAGNER & HUDES
Attention: Erving Hudes
770 The City Drive South
Suite 5700
Orange, California 92868
Telephone : (714 ) 7409-7050
Facsimile : (714 ) 740-7056
RUG :9 '99 11 :25Gn 714 :40 7050
F.2
CITY OF ROSEMEAD
Lorraine M. Sawyer vs . Whittier Union High School District
August 18, 1998
Page 2
THE DATE, PLACE AND OTHER CIRCUMSTANCES OF OCCURRENCE WHICH GIVE
RISE TO THE CLAIM ASSERTED;
On April 1 , 1998, Lorraine Sawyer was employed by Whittier
Union High School District as a teacher . Lorraine Sawyer was
proceeding from the parking lot located adjacent to the
Southern California Edison Building located at 2244 Walnut
Grove in the City of Rosemead. At that time, Lorraine Sawyer
stumbled on an uneven portion of the pavement along the
sidewalk . She fell onto her outstretched hands and forearms,
causing her injuries .
DATE DAMAGE AND INJURY OCCURRED:
This injury occurred on April 1 , 1998 at 11 : 00 A.M.
PLACE WHERE DAMAGE AND INJURY OCCURRED:
The damage and injury occurred on the sidewalk adjacent to the
Southern California Edison buildings located at 2244 Walnut
Grove in the City of Rosemead.
ACT OR OMISSION BY CITY OF ROSEMEAD TO CAUSE INJURY AND DAMAGE:
The City of Rosemead had actual and constructive notice of the
unsafe, defective and dangerous condition present upon the
sidewalk and in particular, the dangerous, unsafe and
defective condition of said sidewalk where Ms . Sawyer had her
accident . The City of Rosemead was negligent in not warning
Lorraine Sawyer and Whittier Union High School District of
this apparent danger. The City of Rosemead knew, or in the
exercise of ordinary care, should have known of the dangerous,
defective and unsafe condition of the premises where Ms .
Sawyer had her accident .
THE NAME OF PUBLIC EMPLOYEES CAUSING THE INJURY AND DAMAGE:
This claimant does not know the names of those particular
public employees who caused the injury or damage to Whittier
Union High School District and Lorraine Sawyer .
THE DAMAGE AND INJURIES CLAIMED:
Whittier Union High School District is making a claim for
reimbursement of all worker's compensation benefits paid on
behalf of Lorraine Sawyer and all damages pursuant to Labor
Code Section 3850, et seq. As of July 30, 1998, $17 , 410 . 79
has been in workers' compensation benefits . Medical benefits,
including rehabilitation services, have been paid on behalf of
R'J. :8 '98 11:05R8 714 740 7850
CITY OF ROSEMEAD
Lorraine M. Sawyer vs . Whittier Union High School District
August 18 , 1998
Page 3
Lorraine Sawyer in the sum of $11 , 110 . 79 . Salary continuation
benefits have been paid to Lorraine Sawyer in the sum of
$6, 300 as of July 30, 1998. The workers' compensation case of
Lorraine Sawyer is ongoing and benefits are continuing.
As a result of this slip and fall , Ms . Sawyer suffered
fractures to both elbows , with the left elbow fracture being
more significant than the right elbow. Lorraine Sawyer
underwent open reduction surgery to both elbows on April 4,
1998 . A small fragment screw was inserted in the right elbow.
A plate and screws were utilized in the left elbow. Ms .
Sawyer's treating doctor is Hose Kim, M.D. , Diplomate American
Board of Orthopaedic Surgery, 7205 Greenleaf Avenue, Suite B,
Whittier, CA 90602 . His phone number is (562 ) 945-8873 .
TOTAL CLAIMED DAMAGES :
Whittier Union High School District' s claim certainly exceeds
$10, 000, and currently stands at $17, 410 . 79 . The workers'
compensation benefits being paid to Lorraine Sawyer are
continuing , and Whittier Union High School District is unable
to determine at this time the amount to be paid to Lorraine
Sawyer . The jurisdiction over this claim would rest with the
Superior Court .
As stated earlier in this correspondence, please send any notices,
inquiries or any communications arising out of this claim to the
undersigned . May I please receive a reply to this claim within
forty—five (45 ) days from the date of this correspondence .
Very truly yours ,
WOG 1AGNER & HUDES
A P essional Corporatpton
ERVINGH S'
EH: tm
cc: Colen and Lee, Attention: Edith Newcomb
DICTATED BUT NOT READ