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CC - Item 4F - Reject Claim Against City - Rita O. Espinola stat feport 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-RITA O. ESPINOLA The attached claim was received in this office on December 8, 1998. A copy was sent to the City's claims adjuster, Carl Warren& Company on the same day. All information received after that date has been forwarded them. Carl Warren& Company sent a notice on December 16, 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 up agenda JAN 2 61999 ITEM No. c e F J December 11, 1998 RECbVt!D CITY OF ROSEMEAD DEC 1 19913 TO: City of Rosemead CITY CLERK'S OFFICE ATTENTION: Nancy Valderrama, City Clerk RE: Claim Espinola v. City of Rosemead Claimant Rita 0. Espinola D/Event 20-Jul-98 Reed Y/Office : 08-Dec-98 Our File S-100464-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 ' i Dwight J. Kunz cc: CJPIA 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 MAYOR: (Pa ••! 1 \�/lIrinaV MAYORlRO TEM: T (J J `/`v// MA JO VA OUEZ : JOE vns011E2 COUNCILMEMBERS: 4118838 E.VALLEY BOULEVARD P0.BOX 399 MARGARET CLARK ROSEMEAD,CALIFORNIA 91770 JAY. IMPERIAL TELEPHONE(626)288-6671 GARY A TAYLOR FAX(626)307-9218 December 8, 1998 Dwight J. Kunz Senior Account Manager 750 The City Drive, Suite 400 Orange, CA 92668 RE: RITA 0. ESPINOLA Dear Mr. Kunz: The attached claim was received today. The City does not have any prior information on this claim. However, it was determined that the El Monte/Rosemead Adult School teaches this senior exercise class at the Rosemead Community Recreation Center. Attached is an Incident Report from that facility and an Application for Use of Facilities to use the City's community center. More information will be FAXED to you as it is received. Please advise as to the steps you wish to take in this matter. Sincerely, NANCY VALDERRAMA City Clerk Attachment cc: City Attorney clallms:adjlv:I 1 LAW OFFICES OF JUAN CARLOS DOMINGUEZ Juan Carlos Dominguez, Esq. , SBN 13752 2 505-A South Myrtle Avenue p Monrovia, California 91016 RECEI is Lip 3 (626) 303-3306 CITY OF ROSEMEAD 4 Fax (626) 303-0093 DEC - : 1988 5 Attorneys for Claimant Rita O. Espinola CITY CLERK'S OFFICE 6 7 CITY OF ROSEMEAD 8 Rita O. Espinola, ) Claim for Damages Against Claimant, ) Government Entity 9 ) [ G.C. 910 et. seq. ] v. 10 The City of Rosemead, Does 1 ) it Through 10, Inclusive, Respondents. 12 13 14 I. Pursuant to section 910 of the Government Code, claimant Rita 15 O. Espinola, presents the following claim for damages against the City of 16 Rosemead and DOES 1 through 10, inclusive. 17 18 II. Claimant's post office address is 12077 Conference Street, El 19 Monte, California 90270. 20 All notices or communications of any type must be directed to 21 claimant's attorneys of record at 505-A South Myrtle Ave., Monrovia, 22 California 91016. 23 24 III. On or about July 20, 1998, at aproximately 10:20 a.m., 25 petitioner was participating in a City sponsored Senior Citizen's exercise 26 class. The class was conducted at the facilities located at 3936 Steele 27 Street, Rosemead, California. The class in question was instructed by an 28 1 exercise instructor, who directed theartici ants, including p petitioner, to 2 engage in an exercise requiring the use of a metal chair. The exercise 3 called for the petitioner to place one foot on top of the seat portion of the 4 metal chair, and then reach forward towards the back-rest portion of the 5 chair. Due to the fact that the legs of the chair were metal, combined with 6 the fact that the floor of the location consist of veryhighly g y polished linoleum, the chair slipped out from under petitioner, causing her to fall forward. As a 8 result of the fall, petitioner struck the floor with both knees, her chest and 9 face. She experienced severe pain to her chest and knees, as well as a 10 swollen lip and nose. It was later determined that she suffered a torn medial 11 meniscus of the left knee which required surgery to repair. 12 13 IV. The respondent failed to prevent, or in the alternative correct, a 14 dangerous condition or practice on public property when it knew, or should 15 have known, in the exercise of proper care, that said dangerous condition or 16 practice existed and that the it posed a danger to the senior members of the 17 class. Respondent further failed to warn respondent of the dangerous 18 condition or practice. 19 V. As the result of the respondents negligence, claimant suffered a 20 torn medial meniscus which required surgery, and which has caused her, 21 and will continue to cause her, substantial pain, discomfort and 22 inconvenience, as well as past and future medical costs. She further 23 suffered painful injuries to her chest, as well as her lip and nose, which 24 caused her additional pain and discomfort. 25 26 VI. The total amount of special damages are not known at this 27 juncture due to the ongoing nature of the treatment. However, at this time 28 1 the claimant makes a demand in the amount of$125,000.00 to settle all 2 claims against respondent. 3 VII. Jurisdiction of this claim res • in the Superior Court. 4 Dated: December 4, 1998 • ;�:.�anal -3r 5 rinrilnito 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 41/oC L ,e0 EC/?c/Y.v !Jc tI_ (Q, ,ease-/-lc: f) Qi71L MONTE/ROSEMEAD ADULT SCHOOL big l01t ass - 82 za INCIDENT REPORT "/Q `G n J spinola. ( �__ NAME OF -o, F INJURED /l I I G (��� _ MALE_ FEMALE v BIRTHDATE �- 5 - a ADDRESS 10I�l J I� 677 ff'fYYt*-y',(/`P/yteP PHONE 3s ` - 52- 70 GRADE L CERTIFICATED CLASSIFIEDSTUDENT I.D./# VISITOR DATE AND TIME INCIDENT OCCURED Vjj A I3 K LOCATION 12 C /<-C DATE AND TIME REPORTED TO HEALTH SERVICES OFFICE WITNE /r. SS. IF ANY ` )7 l l a LI I I ` 4 6� NATURE AND ;KENT OF INJURY SI ICS Y1 1 L� /1� p &IA ��7�W (fi (�j lel h.0 ;€ HOW DID INJURY OCCUR? t. , u . / _ y „a` __ .0 r1 - I / FIRST AID GiVEN2 ANY. AND EY WHOM ACTION TAKEN: PERSONS CONTACTED IN EMERGENCY NAME 'AC/ / ,d416-01/ e.e4 ,)c-t PHONE RELATIONSHIP TYPE CF TRANS. O DISPOSITION: INJURED SENT HOME WORi:CLASS DP'S OFFICE NAME CITY -'OSP'TAL NAME Cr17 k L, 7- SiG. PERSON KEPORTING DATE PRINCIPAL DATE iccnrAL OR FOLLOW UP!INSURANCE INFORMATION R C`ITV F ROSEM AD nFr _ n1008 CITY CLERK'S OFFICE yd191G9 WHITE-PRINCIPAL CANARY- OTHER CITY OF ROSEMEAD 8838 E. Valley Blvd. , Rosemead, CA 91770 n • n/ APPLICATION FOR USE OF FACILITIES 1// FACILITY /G , Q .K.. ..aJJ AREA/ROOM DESIRED a POOL DAY(S) OF WEEK M.-thru -Fr/!d DATE(S) OF USE (1- - / /h/ (/ 7-3D 1OURS:8SO TO /7 3 PUBLIC ADDRESS SYSTEM: YES . NO KITCHEN HOURS: TO TYPE OF ACTIVITY EAtraiSe..., NO ATTENDING /O NAME OF ORGANIZATIONELfign ,J Y Rsymo /10U& Sof O/ TITLE /PO(a It //?4f0/" NAME OF APPLICANT(PRINT) Es-076,7 .7ohnC0n1 APPLICANT IS 18 YRS OR OLDER Yes No ADDRESS OF APPLICANT PHONE: Home 5)(947-:75(7-0287K? Street City Zip Code Work DRIVERS LICENSE NO. DATE EXPIRES / / DIAGRAM PAGE COMPLETED: YES CHECK IF EVENT WILL BE OPEN TO: If funds are to be raised, for what purpose? _Public/no charge. Public/by admission of $_ Public/by donation of $_ Percentage of users living in Rosemead _Members 6/or guest at $ 257. 507 1002 I hereby certify that I have read and will abide by all rules and regulations of the City. As a duly authorized representative of the sponsoring organization, & on behalf of sponsoring organization, I agree to save, keep and bear harmless the City & all .its officers & agents from all damages, cost of expense in law or equity (including costs of suit & expense for legal services) that may at any time arise or be set-up because of damages to property or death or injury to persons received or suffered by any reason of the operation of this organization hereunder, or which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of,sponsoring organization or any of its agents or employees which results in a dangerous or defective condition of property, or any damages occasioned by an negligent act or ommission to act which amounts to negligence on the part of the City, its agents or employees in favor of either the sponsoring organization, its agents or employees or invitees-of said sponsoring organization. APPLICATION MUST BE SUBMITTED A MINIMUM OF 10 WORKING DAYS IN ADVANCE AND CHARGES PAID WITHIN 7 WORKING DAYS OF USE OR APPLICATION WILL BE CANCELLED. Applicants e C / _ �/q4 n Q�/ Signature • -- - \' tc11.G.t^.^ Date 7 / Zi / C Zf CJ OFFICE USE FACILITY SUPERVISOR . 7 /"- OFFICE INF,' .TI• Is facility available? Yes V o Date Received 1), -/jt / Date Received---yyy���---/ / 2) c /C� Date Aporoved/v/ 7/yg t Date An . Due: [ / -L_C AMOUNT DUE $ / A/PROVED DISAPPROVED DEPOSIT AMT. S 1/ INVOICE NO. F & C Yes [ No 4 /.�,' 4)iltiector of Parks and Recreation Rev 2/14/89 OFFICE COPY 01-G-M-A -1- FACILITY r¢ St2Ortla FACILITY Puri FACILITY Ian non Nen rxcILAY Pendebt'e Resiamt'r RL FAcltltt FPSAgent'1 Pei ident's Rr AM-MEW cmaM1SIIM 115/Hr $ 25/1Ir 3_ OMIVNIIY MUR IRS 3 P. a) 115/Kr 1 25/W I IAPOPM CARR IP+e 1 6 2) S10/Nr 3 20/11s S EIl®1 1 5/11r $ 10/14 S 1114501Nty6 ruin LlGHTrS I5/W S 25/14 S C PMJITY COMB ......1 vxr 10/ar 4atimmi TY corms Nm-3,4 110/14 IS/ar sun19151011 S 7/Et $ 2/Ni S ZANPAN Pas•1,2 a S 5/ar 10/Hr ROSDMAL PAs CTI NC Pa SI0/ar 15/ar DEPOSIT $5.0 3100 f_ GMVEY PARK cLLRNWSt SIO/Hr 15/Hr CARRY PARK MEETING PCI 1 Star 10/14 ®® 12INCAL....510 N/A S sd0 WC Ito....320 5 20 S X 4 (bin. 2 hrs.) I e1 Dabs r al Nn. Totalm Hour. mMIAP) S 8/Nr 1 II& S (per 100 users) subs Pia S subtotal l ROSEMEAD PARKS AND RECREATION DEPARTMENT FACILITY FS I RULES AND REGULATIONS Groups 2 thru 4 (described below) are required to post a refundable deposit. Remaining groups are required to pay a refundable deposit and fee. Resident fee category pertains to groups/organizations that have their offices or are chartered as Rosemead Groups or Organizations. It pertains to individuals use when 50% or more come from the City of Rosemead. GROUP AND PRIORITY USE 1. Department, Government or Community Service Agencies 2. Youth Recreation Activities 5. Service Club Meetings 3. Veteran Organizations 6. Adult Recreation Activities 4. Senior Citizen Activities 7. All Others RULES AND REGULATIONS FOR CSE OF FACILITIES 1. The Director of Parks and Recreation, upon reasonable notice, y cancel any regularly scheduled reservations to accommodate the proper priority use r in the event of unforseen circumstances. 2. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City/State Laws are not violated. 3. Groups using kitchen shall furnish own dishes, silverware, cooking utensils, towels, soap, etc., unless other- wise requested and approved. 4. All activities must cease by 11:00 p.m. Amplified sound or music that can be heard by the general public must cease by 10:00 p.m. 5. tfien an event is cancelled after permit fees have been paid, the applicant may select another open date. If a satisfactory date cannot be arranged and a written request for cancellation is received within three days prior to scheduled event, a 50% refund of the permit fees may be obtained from the Department Office. 6. The applicant and his organization shall be responsible for any damage to equipment, property andray overtime, and shall forfeit all or part of their deposit, if damage occurs. 7. The group must appear within thirty minutes of time specified or permit will be cancelled and all fees forfeited. 8. Reservations will not be accepted more than 90 days in advance. Maximum duration in a Facility is six (6) months. 9. Activities for minors must be supervised by responsible adults on the ratio of at least one adult for every 25 minors. 10. Sponsor must secure services of at least 2 private security guards for supervision of teen age events, (pro- vision b n may be waived upon written request and written approval from the Department). 11. 1O )N1aCATDIG BEVERAGES HILL BE PERMITTED 011 TME PRHSISPS OR Ill PARS. Violation will result in forfeiture of all fees and will subject violators to possible criminal prosecution. 12. No advertisements, circulation of petitions, solicitations, nor charges will be allowed without written approval from the Department of Parks and Recreation. 13. No storage of private properties is permitted on City grounds or facilities, except for concessions authorized by the City Council. 14. City facilities cannot be used for commercial purposes without City Council authorization. 15. Wedding receptions are not allowed in City Facilities. 16. Groups with 200 or more in attendance will require two staff. (10/28/91). PUBLIC FACILITY USED FOR FUND RAISING A. Rosemead organization/individual(s) - regular charges only. B. Non-resident organization/individual(s) - regular charges and 60% of Gross. Applicant oust also obtain authorization from the Rosemead.City Council. ROPER: A if i ��/�TIemeaV MAYOR:W RR'JESCM I rJ `� MAYOR PRO TEM. Ita SW LIEZ JOE VASOLIEZ Mn LIEZ s: 8838 E.VALLEY BOULEVARD P.O.BOX 399 COMARGARET CLARK ROSEMEAD,CALIFORNIA 91770 JAYT IMPERIAL TELEPHONE(626)288-6671 GARY A.TAYLOR FAX(626)307-9218 January 4, 1999 Dwight J. Kunz Senior Account Manager 750 The City Drive, Suite 400 Orange, CA 92668 RE: RITA ESPINOLA YOUR FILE NO. S 100464 SWQ Dear Mr. Kunz: The following amended information was received from the attorney handling the Espinola claim. Please advise as to the steps you wish to take in this matter. Sincerely, NANCY VALDERRAMA City Clerk Attachment cc: City Attorney cla,IRss adilva 7aan datLoi. ?/ ,ominguEZ Attorney and Counselor At Law J Old Town Monrovia Tel:(626)303-3306 505-A South Myrtle Avenue Fax: (626)303-0093 Monrovia,California 91016 RECEIVED December 22, 1998 CITY OF ROSEMEAD City of Rosemead JAN 4 1999 8838 E. Valley Blvd., Rosemead,California 91770 ADMINISTRATION Attn: Ms. Nancy Balderama Re: Claim of Rita O. Espinola originally filed 12-8-98 Dear Gentleperson: Enclosed please a first amended claim on behalf of Mrs. Espinola. As stated above the original claim was filed with your office on December 8, 1998. The amendment to the claim may be found on the second page lines 18 and 19. If you have any questions, or if you require that the amendment be filed in another fashion, please advise me. I have enclosed an extra copy of the amended claim for you to conform and retum.to me in the self-addressed and stamped envelope, which I have provided for your convenience. 'Very Truly Yours, Law Offices of Juan Carlos Dominguez int S:12 an C. - s r M.? �a m�. Eels. 1 LAW OFFICES OF JUAN CARLOS DOMINGUEZ Juan Carlos Dominguez, Esq. , SBN 13752 2 505-A South Myrtle Avenue RECEIVED 3 Monrovia, California 91016 CITY OF ROSEMEAD (626) 303-3306 4 Fax (626) 303-0093 JAN 4 1999 5 Attorneys for Claimant Rita O. Espinola ADMINISTRATION 6 7 CITY OF ROSEMEAD 8 Rita O. Espinola, ) Claim for Damages Against Claimant, ) Government Entity 9 ) [ G.C. 910 et. seq. ] v. ) 10 The City of Rosemead, Does 1 ) FIRST AMMENDED 11 Through 10, Inclusive, Respondents. 12 13 14 I. Pursuant to section 910 of the Government Code, claimant Rita 15 O. Espinola, presents the following claim for damages against the City of 16 Rosemead and DOES 1 through 10, inclusive. 17 18 II. Claimant's post office address is 12077 Conference Street, El 19 Monte, California 90270. 20 All notices or communications of any type must be directed to 21 claimant's attorneys of record at 505-A South Myrtle Ave., Monrovia, 22 California 91016. 23 24 III. On or about July 20, 1998, at aproximately 10:20 a.m., 25 petitioner was participating in a City sponsored Senior Citizen's exercise 26 class. The class was conducted at the facilities located at 3936 Steele 27 Street, Rosemead, California. The class in question was instructed by an 28 1 exercise instructor, who directed the participants, including petitioner, to 2 engage in an exercise requiring the use of a metal chair. The exercise 3 called for the petitioner to place one foot on top of the seat portion of the 4 metal chair, and then reach forward towards the back-rest portion of the 5 chair. Due to the fad that the legs of the chair were metal, combined with 6 the fact that the floor of the location consist of veryhighly g hl y polished linoleum, 7 the chair slipped out from under petitioner, causing her to fall forward. As a 8 result of the fall, petitioner struck the floor with both knees, her chest and 9 face. She experienced severe pain to her chest and knees, as well as a 10 swollen lip and nose. It was later determined that she suffered a torn medial 11 meniscus of the left knee which required surgery to repair. 12 13 IV. The respondent failed to prevent, or in the alternative correct, a 14 dangerous condition or practice on public property when it knew, or should 15 have known, in the exercise of proper care, that said dangerous condition or 16 practice existed and that the it posed a danger to the senior members of the 17 class. Respondent further failed to warn respondent of the dangerous 18 condition or practice. Respondent additionally failed to properly hire, train 19 and or supervise the exercise instructor(s). 20 V_ As the result of the respondent's negligence, claimant suffered a 21 torn medial meniscus which required surgery, and which has caused her, 22 and will continue to cause her, substantial pain, discomfort and 23 inconvenience, as well as past and future medical costs. She further 24 suffered painful injuries to her chest, as well as her lip and nose, which 25 caused her additional pain and discomfort. 26 27 28 1 VI. The total amount of special damages are not known at this 2 juncture due to the ongoing nature of the treatment. However, at this time 3 the claimant makes a demand in the amount of$125,000.00 to settle all 4 claims against respondent. 5 VII. Jurisdiction of this claim rest in the Superior Court. 6 LL _ Dated: December/1998 . 1 . . 1110 7 u n Carlos Dominguez+` ii8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28