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CC - Item IV.CC-F - Authorization to Reject Claim Agains City From Jamel K. Marrow And Elvis Ponce De Leon, Jr.i st a fl epor TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: NANCY VALDERRAMA, CITY CLERK, CMC DATE: SEPTEMBER 7, 2000 RE: AUTHORIZATION TO REJECT CLAIM AGAINST CITY FROM JAMEL K. MORROW AND ELVIS PONCE DE LEON, JR. The attached claims were received in this office on April 11, 2000. Copies were sent to the City's claims adjuster, Carl Warren & Company on April 12, 2000. Carl Warren & Company sent a notice on August 29, 2000, recommending that the aforementioned claims be rejected by the City. Recommendation: It is recommended that the City Council approve the rejection of these claims and authorize that a letter of rejection be sent to the claimants. Attch. COU t I C I L AiGEPNIDA S E P 12 2000 ITEM No. 71' CG -F .April 12, 2000 Dwight J. Kunz Senior Account Manager Carl Warren &s Company 750 The City Drive, Suite 400 Orange, CA 92668 oscmcad 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (818) 288 -6671 TELECOPIER 8183079218 RE: JAMELL K. MORROW AND ELVIS PONCE DE LEON JR. CLAIMS Dear Mr. Kunz: The two separate aforementioned claims were received in my office on April 11, 2000. This incident involves the two claimants that were apparently injured while on private property. PleasE note that both claims state Garvey Avenue as the lot location. The actual location is on Graves Avenue between Del Mar and Jackson Avenues. The City Engineer inspected that location and determined that the manhole and concrete culvert may belong to L.A. County Flood Control. One of the claimant's mother stated that she will provide the City with photographs. They will be forwarded to you as soon as they are received. Please advise us of the steps you wish to take in this matter Sincerely, NANCY VALDERRAMA City Clerk City of Rosemead Encl. cc: City Attorney FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE TO PERSON OR PROPERTY INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months aher the occurrence. (Gov. Code Sec 911.2.) 2. Claims for damages to real . property must be filed not later than 1 year after the occurrence. (Gov. Code Sec 911.2.) 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 dive full details. SIGN EACH SHEET TO: CITY OF ROSEIFEAD, 8838 E. .Valley Blvd., Rosemead 91770 Nam�,of Claimant / '\ j 1 . n/'o 01J Home Ad s of Claimanf� - Ciry and Stag lY�� Business Address of Claimant City and Stale RESERVE FOR FILING STAMP CLAIM NO. TY rr ?US'rIJ1 1,J APR I " 2,009 CITY C` �_:,,5: -OIFF� Date of Birth of Claimant -�U .A'P -- '�2" M Ho a T� ep one Nu b e —Ord Business Telephone Number Give address and telephone number to which you desire notices or communications to be sent uai a<<m77s oucc'ia�l(a_eos� /_�('�_�y re_ariin / g thistlairtuy" � jo� / U 1 l 51 When did did DAMAGE o- INJURY occur? Names of any city employees involved m INJURY or DAMAG Date �7.iG7 , - QOTime / � 610 9I If claim is for Equitable Indemnity, give date claimant served with the complain 3 -_,;2 -6) Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appr9prLate, give , street j✓ names and address and measurements from I ndmarf¢: —1/1 I a"{'e ,,�, � �O �e r/ C'Liz (P l.�-4 G•��Z�C /-' e�,.� �:.Em ate. /nW,..d �1��,�5 ,', "Des vibe in detail how the DAMAGE or INJURY occurred. `� //�(/ L, /(/[�'t -I �`�i� y. �✓ nom/ ��CJC�c- Ci /?417 yv / �.!/f.4 C • 4 ' Z. C� - Why do you claim the city is responsible? ) �. /�z .� y cr �I. /t G)'4 CC G ✓t'9 Z-77 1 Gv� /.. -C?^✓' �/ /ice, C:c`7'- C"�' /� �i�C -}�J ,/�ii f% �G7, �L �i� <l" L`-C o ,G/ L Describ2 in detail each INJURY or DAMAGc LEi /, —61e � Ll dJ /L Ou�l �ec7 lc. SEE PAGE 2 (OVER) f THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 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 .........................E Expenses for medical and hospital care .........S Loss of earnings ............................5 Special damages for ........................5 General damages ...........................5 Total damages incurred to date ..............S Total amount claimed as of date of presentation of this claim: Future expenses for medical and hospital care .... S Future loss of earnings ....................... S Ocher prospective special damages ............5 Prospective general damages ................. S Total estimate prospective damages .......... S Was damage and/or injury investigated by police? 16 If so, what city? Were paramedics or ambulance called ? 110 If so, name city or ambula. If injured, state date, time, name and address of doctor of your first visit all persons and addresses of persons known to have information: Name n:� v Phone Phone Hospitalized of Treatment of Treatment - READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle: location of City vehicle including North, Fast, South, and West: indicate place of accident by at time of accident by "A -1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners the time of the accident by "B-1" and the point of impact by X7 If City Vehicle was involved, designate by letter W' location of City NOTE: If diagrams below do not fri the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. CURB 7, PARKWAY SIDEWALK IL CURB I I- $i4aafure of Claiman %r person filing on Typed Name: Date: his behalf giving relationship to Claimant: / A-3 NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is -a felony Code Sec. 72.) MORROW, JAMEL K. Sat Mar 25, 2000 Page 1 1:58 PM Discharge Instructions from DOLORES DE CRUZ, M.D. Garfield Medical Center Emergency Department DIAGNOSIS: MINOR HEAD INJURY MINOR HEAD INJURY: You appear to have a minor head injury or contusion of the head. Treatment will usually consist of ice to any swollen areas, rest and pain medication as needed. The risk of a worse condition is low, but you should be rechecked promptly if you develop•any of the following symptoms or other symptoms which cause you concern: NOTIFY YOUR DOCTOR or return here in case of the following: Severe or worsening headache. Repeated vomiting. Fainting or severe dizziness. - Prolonged or high fever. i' - Change in mental status - too sleepy, confused, short of breath, more irritable or fussy, slurred speech, difficulty walking. The presence of a clear or bloody drainage from the nose or ear. FEVER IN CHILDREN: Fever is usually caused by an infection, although rarely, there are other causes. Temperatures over 100 F (37.8 C) are abnormal. Fever is usually not harmful in itself. Lowering the temperature often helps a child feel more comfortable, but does not do anything to cure the infection. Acetaminophen (Tylenol, Tempra, Panadol, Liquiprim) may be given every 4 hours. The dose is 60 mg for every 10 lbs. of weight. We often use Pediaprofen along with acetaminophen if the temperature is 102 degrees or greater. Do not give aspirin to children who may have the flu or chicken pox. Reye's Syndrome has been associated with aspirin use in these illnesses. If you want to give your child a sponge bath, do not use cold water or alcohol. Moisten the child's skin with lukewarm water and then allow evaporation. This may be repeated as often as desired. Use light clothing and bedding. Avoid bundling the child with clothing and blankets since this usually makes the temperature even higher. The major causes of fever are viral infections. These are not helped by antibiotics. In addition to lowering the temperature, treatment usually consists of preventing dehydration by encouraging fluids (water, sodas, juices). You also need to watch for any signs that the child's condition is worsening - because of a secondary bacterial infection, dehydration, or rarer complications. Any fever in a child less than 6 months old should also be medically evaluated. NOTIFY YOUR DOCTOR or return here in case of the following: - Repeated vomiting. - Difficulty or increased difficulty with breathing or swallowing. - Seizures. - Change .in mental status - too sleepy, confused, short of breath, more irritable or fussy, slurred speech, difficulty walking. - Abdominal pain that is worsening or changing in location. - Other pain that is increasing or persistent. FOLLOW UP INSTRUCTIONS: Vivien, N. Dela Cruz, M.D. You are being referred to Vivien N. Dela Cruz, M.D.: (626- 281 - 9037). Call the office as soon as possible to arrange a follow -up visit. Be sure to tell the doctor's office that you were referred from the Instructions are continued on next page. GARFIELD MEDICAL CENTER P.O. Box 2517 SANTA ANA, CA 92707-0517 MORROW JA?M X INITIAL DODSON JEANETTE 2481 JACKSON AV ROSEMEAD CA 91700 5 001825033 03130100 OUT _.- 03/25/00 70 Paget 001/001 rs.tlng Date Svc. Code 1; Descri ption ,: QTY CheigeslPayl 03/25/00 03/25/00; 03/25/00 03/25/00 4900260�70260TC 5009063100000 SKULL, COMPLETE XRAY 1 $510.00 03/28/001 03/25/00 6100522�99282 p STAT CHG ER VISIT LVL 11 j 1 $252.00 $327.00 p 001625033 MORROW JAMEL X THIS ACCOUNT IS DUE AND PAYABLE UPON RECEIPT. I R S�#9 5 i 7 20065 9-0 7, VISA E] MASTERCARD Amount to CHARGE ILL, I '7AMEX — !D DISCOVER Cardholders Name: CARD NUMBER (ALL DIGITS PLEAS-9 I Signature Make Check Payable to: Account Number: 001825033 A.ccount Balance SI059.00 Patient Name: MORROW JAMEL K Guarantor Name: DODSON JEANETTE Payment Amount 0910116 001825D33 000108900 1 $1089.00 nt rION DATE INTER-BANK NO YEAR CARFIELD MEDICAL CENTER Check here for change of address Ell FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE TO PERSON OR PROPERTY _ INSTRUCTIONS ' 1. Claims for death, injury to person or to personal property must be filed not later than six months aher the occurrence. (Gov. Code Sec 911.2.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec 911.2.) 3 Read entire claim form before filing. 4. See page 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 FO 11EAD, 8838 E. .Valley Bl///vd., Rosemead 91770 Name of Clara /r /� V � l " / /V Xn -, Home Address pf Claimant /Oe, a�� (,v I,i and Sate RESERVE FOR FILING STAMP CLAIM NO. r� .� fit"', OF ROSE10'rD.J APR 1 2000 C' =7%'S OFFICE Birth Occupation of Claimant. Telephone Number Business Address of Claimant City and Sate Business Telephone Number Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No. retarding this claim: - 6J6 -�70 When did D MAGE or INJURY occur? G,� Names of any city employees involved in INJURY or DAMAGE Dale -1212 _� Time,' If claim is for Equitable Indemnity, gi date claimant served with the complaM Date Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street` names and address nd measurements from landmarks: . '� z� �-,`'/ �.�f�_Pi /vt. Y 6 f /16;i�Z. Ct�� E ��L �n «, ; � / ?ems) Describe in detail how the DAMAGE-'or INJURY occurred. �� lU� , yi ✓fyr � �C�q �� ,% /�z .��.✓ t� �'�- ��C�x� P.c�- /l��i ; ��?,�� J.,� -cam ��i� c �1L.c� f /Zi_ c. -r �j 2 c`u„-r��/ <�i, � � !c,22 < -C` ��dc�- /.tee L�� .-�� =:� �.i y[. /�'+✓! ��v� / -cj��i'7 -c /�: C'tL ✓- �G� (,C�; -7uc� 0 c a-.2 C-t%I �e�e. v�..e, , lX�i�� !x'1/4 42 B �t v �"�• 6(�C' i �� Why dqqo you claim the city is responsible? ( I �;LGE7v. L•c� >!C!l�vCiU' l/ �L�j LL C f7 ^S. Describe in detail each INJURY or DAMAGE �yi ./',�o�t. �,�,(_ lC � �c.LC� /-,� �O ` •� .�A c ` -Lz, a C/ ,,Fiiti y��uLC � , lJ L' �i2� <�.c -cam,•. / ..2QiC 2z - /c.Lti CCU" -c'-c �c,c2 � / a •7- /7F�v��c:�C: � <c�l��l,< -!€mac PG�c�� CJ'-�!c�s�'�,��c SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDt 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 .... a .................... $ Future expenses for medical and hospital care .... S Expenses for medical and hospital care ......... b Future loss of earnings ....................... S Loss of earnings ............................ S Other prospective special damages ............ S Special damages for Prospective general damages ................. S . . . . . . . . . Total estimate prospective damages . s General damages ...........................5 Total damages incurred to date .............. S Total amount claimed as of date of presentation of this claim: S Was damage and /or injury investigated by polic ? "1 % If so, what city? Were paramedics or ambulance called? / If so, name city or ambulance It injured, state date, time, name and address of doctor of your first visit WITNESSES to9AMAGE.or INJURY: List all persons and addresses of persons known to have informagion: Address t_/,,Z .r L.h/i -C,,.,. F� �! "Pi)i Phone Name ��;��✓1 " ".'i ✓'r/'./;J.�,:I ,r.,�N::,, �7'- Ca_`�- �_ Name _�_ �,.i Address" Phone Name -�' n l��t L/� _r Vl Si (_ / /L� :✓ y� CG " "'•-C• Phone.-I.��L' � I ti-✓�•i c -' � Address ' DOCTORS and HO I� LS: Hospital -� r' "' -�6'- /y�� Address /rte" ° Date Hospitalized Doctor M L Address Date of Treatment Doctor Address Date of Treatment READ CAREFULLY - For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle including North, East, South, and West; indicate place of accident by at time of accident by "A -1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners the time of the accident by "B-1" and the point of impact by "X:' If City Vehicle . was involved, designate by letter 'W' location of City NOTE: If diagrams belowdo not fitthe situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant.. V/ Signature of Claimant or person filing on his behalf giving relationship to Claimant: NOTE: CLAIMS MUST BE PARKWAY SIDEWALK Typed Name: r i -L CURB Dale: -So-0 CLERK (G)v. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) DE LEON, ELVIS Sat Mar 25, 2000 Page 3 1:13 PM I, the undersigned, have been informed by the nurse taking of my child /childem, have read and understand Calfornia Safety Law, and do hereby release Garfield Medical Center ans it's employees fron all responsibilities that may occur as a result of my leaving the hospital without a safety seat for my child. SIGNED: WITNESS: ABRASIONS: Abrasions are superficial wounds that may cover a large area and be quite painful. Because they are superficial, they usually do not result in infections. They should heal within 1 -2 weeks. During the initial evaluation, it is important to cleanse the wound thoroughly and examine for possible other injuries. Removal of dirt and other foreign material is important - to prevent infection and to prevent "tattooing" of the skin. At home, cleanse the abrasions gently with mild soap and water. Daily peroxide soaking for 5 -10 minutes is useful to remove the debris of dead tissue. Dressings may be needed to protect from dirt and further trauma. NOTIFY YOUR DOCTOR or return here in case of the following: - Signs of infection - redness or red streaks, swelling, increasing pain, or pus drainage. - Difficulty moving the injured area that doesn't gradually improve. - Symptoms that may indicate other injuries. MINOR HEAD INJURY: You appear to have a minor head injury or contusion of the head. Treatment will usually consist of ice to any swollen areas, rest and pain medication as needed. The risk of a worse condition is low, but you should be rechecked promptly if you develop any of the following symptoms or other symptoms which cause you concern: NOTIFY YOUR DOCTOR or return here in case of the following: - Severe or worsening headache. - Repeated vomiting. - Fainting or severe dizziness. - Prolonged or high fever. - Change in mental status - too sleepy, confused, short of breath, more irritable or fussy, slurred speech, difficulty walling. - The presence of a clear or bloody drainage from the nose or ear. RX: AMOXICILLIN 250 MG/ 5 NIL Disp: DISP 125CC / 0 " Directions: TAKE 3/4 TSP EVERY 8 HOURS FOR 10 DAYS - Antibiotic - needs to be taken regularly until finished. - Be sure to take the full number of doses every day. If you forget, catch up with the dose schedule, even if you have to take 2 doses at once. - Common side effects - allergic symptoms of rash, itching or breathing difficulty, or gastrointestinal upset. - If this medicine upsets your stomach, try taking it with food or milk. OTHER INSTRUCTIONS: PUSH LOTS OF CLEAR LIQUIDS, USE TYLENOL AND /OR MOTRIN FOR PAIN OR FEVER, FOLLOW UP WITH DR. KOO FOR RE- CHECK. RETURN TO ER SOONER IF ANY SYMPTOMS WORSEN. FOLLOW UP INSTRUCTIONS: Erlinda L. Koo, M.D. Call Erlinda L. Koo, M.D. (626 -573 -4330) today or as soon as possible. Let the office know that you were seen in the Emergency Department at Garfield Medical Center and that you were told to call the - - -- Instructions are continued on next page. - - -- DE LEON, ELVIS Sat Mar 25, 2000 Page I 1:13 PM Discharge Instructions from DOLORES DE CRUZ, M.D. Garfield Medical Center Emergency Department DIAGNOSIS: Infection - upper respiratory (URI) Otitis - media UPPER RESPIRATORY INFECTION: This is known as the common cold and is caused by many different virus infections. Nasal congestion, sore throat, sneezing, cough, and generalized fatigue or aching are some of the possible symptoms. Antibiotics are not effective against viruses. Antibiotics may be used to treat complications such as bronchitis, sinusitis, or ear infections. Taking antibiotics to prevent these complications generally does not work, and you are more likely to develop a secondary bacterial infection that is more difficult to treat. Treatment of cold symptoms include the following: - Increased rest and fluids is very important. - Oral decongestants. Sudafed can be bought over the counter at the pharmacy. It does not cause drowsiness; in fact, it may keep you awake if taken near bedtime. Do not take this medication if you have high blood pressure or heart disease. - Antihistamines (may cause drowsiness, blurred vision). These are often combined with a decongestant. You probably do not need an antihistamine unless you have allergies or want to be sleepy. - Cough medication. Most viral respiratory infections will get better within 1 week, but it is fairly common to have a hacking cough that lasts for weeks. NOTIFY YOUR DOCTOR or return here in case of the following: - Severe cough, especially with bringing up discolored sputum. - Difficulty or increased difficulty, with breathing or swallowing. - Earache or facial pain. - Repeated vomiting or not able_ to take fluids. - Prolonged or high fever. - Severe or worsening headache. - Change in mental status - too sleepy, confused, short of breath, more irritable or fussy, slurred speech, difficulty walking. ACUTE OTITIS MEDIA: This is an irifection in the middle ear, behind the eardrum. This usually occurs as a spread of infection in the throat, nose, or sinuses. It is more common in children because the eustachian tube that drains the middle ear into the nose is shorter and more horizontal. Besides pain, there may be fever or nasal congestion. Smaller chldren may have only fussiness. Sometimes there is drainage from the ear canal from a ruptured eardrum. This can happen if the pressure from the amount of pus and fluid becomes too great. Complications of ear infections include spread to the brain (meningitis) or blood, mastoid (bone behind the ear) infection, hearing loss, or permanent damage to the ear structures. Middle ear infections are usually treated with antibiotics. Treatment may also include pain medicine and nasal decongestants. It is very important to be checked after 10 -14 days to make sure that the infection and middle ear fluid has completely cleared up. If not, you will need further evaluation and treatment. - - -- Instructions are continued on next page. - - -- DE LEON, ELVIS Sat Mar 25, 2000 Page 2 1:13 PM NOTIFY YOUR DOCTOR or return here in case of the following: - There is no improvement of earache or fever in 2 days. - Infants are more fussy or not feeding. - Repeated vomiting or not taking enough fluids. - Swelling around the ear. - Prolonged or high fever. - Severe or worsening headache. - Change in mental status - too sleepy, confused, short of breath, more irritable.or fussy, slurred speech, difficulty walking. FEVER IN CHELDREN: Fever is usually caused by an infection, although rarely, there are other causes. Temperatures over 100 F (37.8 C) are abnormal. Fever is usually not harmful in itself. Lowering the temperature often helps a child feel more comfortable, but does not do anything to cure the infection. Acetaminophen (Tylenol, Tempra, Panadol, Liquiprim) may be given every 4 hours. The dose is 60 mg for every 10 lbs. of weight. We often use Pediaprofen along with acetaminopben if the temperature is 102 degrees or greater. Do not give aspirin to children who may have the flu or chicken pox. Reye's Syndrome has been associated with aspirin use in these illnesses. If you want to give your child a sponge bath, do not use cold water or alcohol. Moisten the child's skin with lukewarm water and then allow evaporation. This may be repeated as often as desired. Use light clothing and bedding. Avoid bundling the child with clothing and blankets since this usually makes the temperature even higher. The major causes of fever are viral infections. These are not helped by antibiotics. In addition to lowering the temperature, treatment usually consists of preventing dehydration by encouraging fluids (water, sodas, juices). You also need to watch for any signs that the child's condition is worsening - because of a secondary bacterial infection, dehydration, or rarer complications. Any fever in a child less than 6 months old should also be medically evaluated. NOTIFY YOUR DOCTOR or return here in case of the following: - Repeated vomiting. - Difficulty or increased difficulty with breathing or swallowing. - Seizures. - Change in menial status - too sleepy, confused, short of breath, more irritable or fussy, slurred speech, difficulty walling. - Abdominal pain that is worsening or changing in location. - Other pain that is increasing or persistent. CHILD SAFETY LAW INSTRUCTION AND ACKNOLEDGEMENt OF CHILD PASSINGER SAFETY LAW A. The California State Law states that adults must put their children, or children for whom they are responsible, in approved safety seats (if child is under 4 years or weighs less than 40 pounds) while in passenger vehicles or light trucks. Seat belts are required for childern 4 years fo age or older. . ,. .- .......- cc_— _- rte_...... TS-- Al--I, Z 6 0 3 iI7 44 (7 . a Rio 01 m z V, r. sR- 0 r�+ 1Y teL j3 4v sR- April 13, 2000 CITY 01= RC)StfV;1Z:.D APR 1 7 2000 TO: City of Rosemead CITY "'S OFFICE ATTENTION: Nancy Valderrama, City Clerk RE: Claim Morrow v. City of Rosemead Claimant Jamel K. Morrow D /Event 22- Mar -00 Recd Y /Office 11- Apr -00 Our File S- 108064a -SWQ We have reviewed the above captioned claim and request that you take the action indicated below: • TAKE NO ACTION: Defer any written response to the claimant pending our further advice. 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 ril Will r1111,111 CLAIMS MANAGEMENT.CLAIMS ADJUSTERS Too The City Dnve . Ste 400. Orange, CA 92863 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 740.7999. (800) 572-6900 • Fax: (714) 740.9412 APR F 2000 CITY C:. `^` S OFFICE CITY OF APR 2 4 2000 TO: Carl Warren &� ompany DATE: 04/18/00 CITY ^' :'S OFFICE 750 The t y Drive, Suite 400 CLAIMANT: J. Morrow, E. De Leon Ora CA 92868 FILE NO: S 108064 SWQ Attn: Richard Marque D /EVENT: 3 -22 -00 FILING DATE: 4 -11 -00 SIX MOS.: YES PRINCIPAL /CITY: CJPIA/City of Rosemead. RECOMMENDED ACTION ON CLAIM: Take no action. FACTS: The claimants were playing on a private lot when they encountered a exposed manhole. As a result the), sustained injuries. POSSIBLE CO- DEFENDANTS: The owner of the lot. Furthermore the manhole may may be property of L. A. County Flood Control. EVALUATION: There would appear to be no liability as the city doesn't own the lot or the manhole in question. RESERVES TYPE OF CLAIM AMOUNT 1..1. Morrow LBI $10.000.00 2. E De Leon LBI $10,000.00 COMMENT/WORK TO BE COMPLETED: Our further report will follow shortly. Very truly yours, CA WARREN & COMPANY' /�/�p Jl Stephen A. ite V__X�',N ttc: City of Rosemead, Attn. Nancy Valderrama cc: CJPIA - Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•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 • (800) 572 -6900 • Fax: (714) 740 -9412 Carl War n and Company 750 The ity Drive Suite 00 Oran CA 92868 Atyention: Richard Marque Re: O /Principal: Member City: Claimants: D /Incident: Our File No.: Ladies and Gentlemen: Next Report Due: 8/25/00 June 20, 2000 CITY G JUN 2 62000 CITY CLERK'S OFFICE CJPIA Rosemead Jamell Morrow & Elvis Ponce De Leon, Jr. 3 -22 -00 S 108064 SWQ PREVIEW: The two claimants were playing in an open lot when they apparently fell into an open manhole which apparently is the property of the Los Angeles County Flood District. MEMBER CITY: City of Rosemead, 8838 E. Valley Blvd., P.O. Box 399, Rosemead, CA 91770, (818) 288- 6671.' DATE, TIME AND PLACE: These injury events apparently occurred on March 22, 2000, at approximately 4:00 p.m. The occurrence would have taken place in an open lot which sits between the addresses known as 7629 and 7641 Graves Ave. in the City of Rosemead, CA. GOVERNMENT CODE REQUIREMENTS: 1. Date Verified Claim Filed: The claims of Jamell Morrow .and Elvis Ponce DeLeon were timely filed on April 11, 2000. 2. Action Taken by Public Entity: At the present time, the City of Rosemead has taken no action. 3. Statute of Limitations: Six months from the date of denial or two years from the date of occurrence. CARL WARREN & CO. CLAIMS MANAGEMENT • CLAIMS ADJUSTERS 750 The City Drive - Suite 400 - Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, CA 92799 -5180 Phone: (714) 740 -7999 - (800) 572 -6900 - Fax: (714) 740 -7992 Page 2 S 108064 SWQ OWNERSHIP /CONTROL: In their claim for damages, Jamell Morrow and Ponce De Leon, Jr., indicate that they were flying their kite in an empty lot in the City of Rosemead, CA. While running through the undeveloped lot, the two individuals apparently fell into an open manhole which is a part of the County of Los Angeles' Flood Control system. As a result, the two parties sustained injuries. Per discussion with Nancy Valderrama at the City of Rosemead, we have established that the lot in question is privately owned and the manhole culverts, etc., are property of the County of Los Angeles' Flood Control District. The City of Rosemead has no responsibilities with regards to this location. CO- DEFENDANT: 1. County of Los Angeles Flood Control District. In their claim for damages, Jamell Morrow and Elvis Ponce De Leon, Jr., indicate that they fell into an uncovered manhole that apparently is a portion of the County of Los Angeles' Flood Control system. The Flood Control District is responsible for the ownership and maintenance of the drainage system in the area, particularly with regards to the incident manhole. Based upon the above, the County of Los Angeles Flood Control District would be considered a primary co- defendant. 2. Rosemead Country Estate, 7637 Graves Ave., Rosemead, CA 91770 -3413. Nancy Valderrama at the City of Rosemead has supplied us with documentation regarding the owner of the vacant lot that the claimants were injured in while running across. The claimants contend that the chain link fence that forms a perimeter for the empty lot had been breached, which allowed the minor, claimants access on to the property. The parents of these minors have essentially alleged that an attractive nuisance was provided to the claimants by the property owner. Based upon the above, the Rosemead Country Estate would be considered a primary co- defendant. FACTS IN BRIEF: The claimants were flying their kite across a vacant lot in the City of Rosemead when they fell into an uncovered manhole. As a result, they were caused to sustain injuries. PHOTOGRAPHS: Enclosed in this report are photographs taken of the lot in question. These photographs are supplied with Page 3 S 108064_ SWQ captions and are self- explanatory. At an earlier date, the undersigned conducted a scene inspection and surveyed the area. The lot in question is on the north end of Graves Avenue and essentially runs in the eastbound direction to Del Mar Avenue. While walking through this empty lot, we noted that a manhole was evident, and we also noted that a below - ground drainage pipe was exposed. We were unable to establish exactly where the claimants' injury event took place, but there was evident of a storm drainage system running through the vacant lot. Furthermore, a gate on the perimeter chain link fence that faces Graves Avenue had been opened.' This is apparently the location where the claimants gained access on to the property. We also noted that there was no evidence of "No Trespassing" signs on the perimeter fence at or about the location where the gate is located. CITY MEMBER VERSION: We have established that the lot that the claimants were running across is privately owned and is neither owned nor maintained by the City. Furthermore, the claimants apparently fell into an. uncovered manhole which is the property of the County of Los Angeles' Flood Control District. The City has indicated that they have no responsibilities with regards to the lot or the Flood Control system. Based upon the above, these claims were inappropriately filed with the City. We will secure non - jurisdictional affidavits from the City of Rosemead, and when these documents are received, they will be forwarded to the parents of the two minor claimants, along with 1038 letters. We will have more information regarding this in our next report. CLAIMANT VERSION: 11. Jamell Morrow, .2718 Jackson Ave., Rosemead, CA 91770. Elvis Ponce De Leon, Jr., 7613 Graves Ave., #B, Rosemead, CA 91770. Recently, we had the opportunity of speaking to Jamell Morrow's mother, whose name is Jeanette Smith. We informed Mrs. Smith that the lot in question was privately owned by Rosemead Country Estate and the open manhole that her son apparently fell into was property of the County of Los Angeles' Flood Control District. Since the City of Rosemead had no ownership or maintenance responsibilities with regards to the lot or storm drainage system in question, no settlement offers would be extended to her on behalf of her Page 4 S 108064 SWQ injured son. We provided the claimant's mother with the address of Rosemead Country Estates, as well as their contact individual, and the claimant's mother also indicated that she would be filing a claim directly with the County of Los Angeles. Recently, we had the opportunity of speaking to Pratoncia Ledesma, who is the mother /guardian of injured claimant Elvis Ponce De Leon, Jr. Ms. Ledesma indicated that she had spoken to Jeanette Smith regarding this matter, and Jeanette Smith had provided her with documentation identifying the owner of the lot where this injury incident took place. Ms. Ledesma also indicated that she would be filing a claim with the County of Los Angeles. She was made aware that no settlement offers would be extended to her on behalf of her injured son with regards to the City of Rosemead. INJURIES• 1. Jamell Morrow. Per review of the claim that was filed with the City of Rosemead by the minor claimant's mother, we have been informed that Jamell Morrow sustained injuries in this incident. He apparently suffered 'a concussion and injured the side of his body. This individual also sustained a number of abrasions, etc. We note that this individual visited the Garfield Medical Center of Monterey Park, CA, on March 25th and March.28, 2000. The medical billing totals $1,089.00. 2. Elvis Ponce De Leon, Jr. Per review of the claim that was filed with the, City of Rosemead by the injured claimant's mother, we have been informed that Elvis Ponce De Leon sustained injuries in this incident. Apparently, the claimant suffered abrasions to his body and also injured his head, suffered some chest pains, etc. Elvis Ponce De Leon apparently also sought out medical treatment at the Garfield Medical Center of Monterey Park, CA. The date of visitation was March 25, 2000. A medical billing was not supplied. INDEX: An injury index form ha: System Bureau with regards t present time, however, we have information regarding previous We will have more information report. been submitted to the Index both claimants. At the not received any responsive and /or post- injury claims. regarding this in our next Page 5 S 108064 SWQ LIABILITY: These appear to be claims of no liability with regards to the City. The two minor claimants, possibly unsupervised, were running across a vacant lot when they allegedly. fell into an uncovered manhole. The lot in question is neither owned nor. maintained by the City, of Rosemead. Furthermore, the manhole that the claimants allegedly fell into is property of the County of Los Angeles' Flood Control system. The City of Rosemead does not own, nor do they maintain the flood control system. Based upon the above, these appear to be claims of no liability with regards to the City. WORK TO BE COMPLETED: a. Investigation: 1. Report on Index findings. 2. Secure non - jurisdictional affidavits from City of Rosemead. 3. Forward affidavits to the minor claimants' mothers along with 1038 letters. b. Claims Remaining Open: 1. Jamell Morrow - LBI. 2. Elvis Ponce De Leon, Jr. - LBI. ENCLOSURES: 1. Scene photographs. 2. Documentation received from City of Rosemead. COMMENTS: Our handling of this matter continues. Our next report will follow upon receipt of additional information or on or about August 25, 2000. Very truly yours, CARL WARREN & CO. SAW:ck Stephen A. White Page 6 S 108064 SWQ cc: CJPIA Attn: Executive Director (with copy of enclosures) c: City of Rosemead. Attn: Nancy Valderrama Next-Report Due: 11 /l /00 - STATICS CIiY L' ". ^Gi =riQi Carl Warren and Company 750 The Cit Drive Suite 400 Orange, C 92868 Attention: Richard Marque Re: O /Principal: Member City: Claimants: D /Incident: Our File No.: Ladies and Gentlemen: August 28, 2000 CJPIA. Rosemead Jamell Morrow & Elvis Ponce De Leon, Jr. 3 -22 -00 S 108064 SWQ PREVIEW: The two 'claimants were playing in an open lot when they apparently fell into an open manhole which apparently is the property of the Los Angeles County Flood Control District. CLAIMANT VERSIONS• 1. Jamell Morrow. 2. Elvis Ponce De Leon, Jr. We have now spoken to the parents of the minor claimants regarding their injury claims. We informed the claimants' parents that the lot in question was privately owned by ,Rosemead Country Estate and the open manhole that the children fell into was property of the County of Los Angeles' Flood Control District. Since the City of Rosemead had no .ownership or maintenance responsibilities with regards to the lot or the storm drainage system in question, no settlement offers would be extended to"the claimants on behalf of the City of Rosemead. We provided the claimants' parents with the address of Rosemead Country Estates, as well as the contact individual, and we also recommended that if they wish to pursue this matter further that they file a CARL WARREN & CO. CLAIMS MANAGEMENT • CLAIMS ADJUSTERS 750 The City Drive • Suite 400 • Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, CA 92799 -5180 Page 2 S 108064 SWQ claim directly with the County of Los Angeles. WORK TO BE COMPLETED: a. Investigation: 1. Determine if City of Rosemead rejects these claims. 2. Secure non - jurisdictional affidavits from City of Rosemead. 3. Forward affidavit to the minor claimants' mothers, along with 1038 letters. b. Claims Remaining Open: 1. Jamell Morrow - LBI. 2. Elvis Ponce De Leon, Jr. - LBI. COMMENTS: Our handling of this matter continues. Our next report will follow upon receipt of additional information or on or about.November.1, 2000. Very truly yours, . CARL WARREN & CO. SAW:ck Stephen A. White cc: CJPIA Attn: Executive Director cc: City of Rosemead .Attn: Nancy Valderrama I August 28, 2000 AUG 2 9 2000 TO: City of Rosemead ATTENTION: Nancy Valderrama, City Clerk RE: Claim Morrow v. City of Rosemead Claimant Jamel K. Morrow & Elvis Ponce De Leon Jr. D /Event 3/22/00 Recd Y /Office 4/11/00 Our File S 108064 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 2%C.lIat dl D. Mal -quPl Richard D. Marque cc: CJPIA Attn: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•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 • (800) 572 -6900 • Fax (7 14) 740 -9412