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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 uy.agmda JAN 2 61999 ITEM No. L" t // 3 /4" peter•,rte#-, • 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 23 24 25 26 27 28 1