CC - Item 4B - Reject Claim - Elizabeth Kailbany M
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4. 2
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staff eport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: NANCY VALDERRAMA, CITY CLERK
DATE: SEPTEMBER 23, 1999
RE: AUTHORIZATION TO REJECT CLAIM AGAINST CITY—ELIZABETH
KAILANY BY MARY ACOSTA, PARENT
The attached claim was received in my office on July 22, 1999. A copy was sent to the City's
claims adjuster, Carl Warren& Company on July 28, 1999.
Carl Warren&Company sent a notice on September 23 1999, 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.
Attach.
COUNCIL AGENDA
SEP 2 81999
ITEM No. -IV-.
JOE VA.O E PMAYR
� T �'1 p 1 �VITi)S(l 4Y
MAYOR PRO TEM
MA , (_ \/
MARGARET GLARX
couxaLMSMRERs 8838 E.VALLEY BOULEVARD• P.0.BOX 399
tiety
ROBERT enurs ry ROSEMEAD,CALIFORNIA 91770
JAYT IMRERIAL TELEPHONE(626)288-6671
GARY A TAYLOR FAX(626)307-9218
July 28, 1999
Dwight J. Kunz
Senior Account Manager
750 The City Drive, Suite 400
Oranee, CA 92668
RE: MARY ACOSTA
Dear Mr Kunz:
The attached Claim for Persona] Injuries was received in my office on July 22, 1999. 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
dailms:adilva
•
FILE WITH:
CITY CLERK'S OFFICE CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
TO PERSON OR PROPERTY CLAIM NO
INSTRUCTIONS RECEIVED
1.Clais for death,injury to person or to personal property must he fled not later than six CITY OF ROSE
months atter the occurrence.(Gov.Code Sec.9112.)
2-Claims for damages to real property must De filed not later than 1 year after the occurrence. JU` 2 �ggg
(Gov.Code Sec 911.2.)
a Read entire claim form before filing.
4.See page 2 for diagram upon which to locate place of accident CITY CLERK'S OFFICE
5.This claim form must be signed on page 2 at bottom.
6Attach separate sheets,if necessary,to give full details.SIGN EACH SHEET.
Date of Birth of Claimant
TO: City OF ROSEMEAD, 8838 E. Valley Blvd. , Rosemead 9177D g - ZI - - i
Name of Claimant dA Occcupation of Claimant
!l'Jary costa, city'le-
Home Address of Claimant City and State Home Telephone Number
3R03 44411, 1 S13 - 6981
Business Andress of Claimant City and State Business Telephone Number
Give address and telephone number to which you desire notices or communications to De sent Claimant's Social Security No.
regarding this claim: ( 68/3 C1 2_I _ .�� D
o
•Rt? f�-+hnI - &tic- di1A P (4 91706 -65.17 5
When diq DAMAGE or INJURY occur? 'Names of any city employees involved in INJURY or DAMAGE
.�
Date -l '`j9 Time 1,Z :Od
If claim is for Equitable Indemnity,give date claimant served
with the complaint:
Date
Where did DAMAGE or INJURY occur?Describe bully,and locate on diagram on reverse side of this sheet.Where appropriate,give street
names and address and measurements from landmarks:
At/ -Hie park OYIN(lsSior'
VvA,/t: (la9tn'a/ on Me i nter/ ba rT
Describe in detail hvMthe OA MAGE or INJURY occurred.' � ��d 5��
ohy
r
7lt e /110//Key JaJ'
44uGl /C (A)C1..-53 y
Y At, fc// dajn rim' broke /e ro;, Jr
l� , sse -U_ du,-
/ y daughters y1u"ne ks Ear -zabefl, ka ,
Why do you claim the city is responsible? .l {,�
e dma�e GPcui%/ o
'1 die C/17 ID 44JA t rJ
sto /1 Ac,/ hU
daifyhr tial us- ac E �f ✓ Gr_ �fN
Describe in detail each INJURY or DAMAGE // g
dJ _ � 4
1414e✓) n y dna AJIC/r
ung A tied a.441 Gornp/u,oei c� n
,"n Ae �,. f re lCrn, . j X 01- 14,051141
SEE PAGE 2(OVER) 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:
H
Damage to property $ Future expenses for medical and hospital care _ 5
Expenses for medical and hospital care $ 7%C. b ' Future loss of earnings $
Loss of earnings $ Other prospective special damages S
Special damages for $ Prospective general damages S
Total estimate prospective damages $ O
General damages $
Total damages incurred to date $ /%5' H D
Total amount claimed as of date of presentation of this claim: $
if: ,FS s-
f
--
Was
Was damage and%or injury investigated by police? 40 Il so.what city?
Were paramedics or ambulance called? Pic/ If so,name city or am ulance _—
II injured,state date,time,name and address of doctor of your first visit _ ,L.7-. • `/' m
fes. zSfa✓ -- l / / Sp. > /41/e.ansef f /t. Ix/ �vrna .SCA 9/790
WITNESSES to DAMAGE or INJURY:List all persons and addresses of persons known to have information:
Name CLtrm>pi 4/,rc4i- Address Wei? A j-4,..1 ch Q,d:/„ 4 (aA,(4 Phone Z-61/3 -b`/8
Name Address Phone
Name Address Phone
DOCTORS and HOSPITAL, /.
/ q
Hospital Qi.f@L/1 'r YhC (�GL/1Pi7 Address 1115 50. sans('f !�. CO✓�✓li, Date Hospitalized b4-/L-/ 9
Doctor . Pu S Mr Address //LC Su Siuis&I. RA Lei1/42,-- /e Z q-- Date of Treatment -/ - `)
Doctor /Jri. /?G✓yo kb Address f•Y50 SARIYA"f'✓c7. -,/,;'80 Date of Treatment L 'i 7- 9 $
eke//ohr:, iostlr—( Los i`n,yt/cs G7t 9aoz1 7-r- 9 7
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"r:
If City Vehicle was involved,designate by letter"A"location of City NOTE: If diagrams below do not fit the situation.attach hereto a proper
Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant.
.../(1/;/. _ —
SIDEWALK /
CURBS J \\
CURB
/ PARKWAY \ /
SIDEWALK \
•
•
7 _ —
•
Signature of Claimant or person filing on "--- Typed Name: Date:
his behalf giving relationship to Claimant:
n /a
AIWA 4W, /nJ, V AULSla l 4�
NOTE:CLAIM MUST BE FILED WITH CITY CLERK(Gov. Code Sec. 915a). Presedtatlon of a false claim is a lelony(Pen. Code Sec.72.)
-
:3�yC /O� nSG6 <Yoq /5c257o sS CARE'
ACCOUNT D DR. AMOUNT IL�Ln'I HLLLIVILIIWM
NUMBER M RECEIVED NUMBER
v
pediatric MANAGEMENT -
GROUP
• University Children Medical Group
• Pediatric Critical Care Medical Group
6430 Sunset Boulevard Suite No.600
Los Angeles,California 90028
RECEIPT /L--L- "
nr FAIN nir nCORDS
FOR YOUR RECORDS 9 8566
i3z5/07 - - /o/.Z,)Y8/29 Pet /3250 07/7 iai IkAl Axlit/k7o7.,.
CHECKS OR
ACCOUNT � DR. AMOUNT RECEIPT RECEIVED FROM DATE PATIENT NAME BANKCARDS CASH
NUMBER I p RECEIVED NUMBER
V.
pediatric MANAGEMENT
GROUP
• University Childrens Medical Group
• Pediatric Crlticel Care Mcdicet Group
6430 Sunset Boulevard Suite No.600
Los Angeles,California 90028 ///��.��,
RETAIN THIS RECEIPT RECEIPT %oakaos
FOR YOUR RECORDS
98429 - _
•
25/07 x3.77 /4 /T/ Meta 13,25/P7 b,M 4i/A4>' f/; zot6efit
ACCOUNT PAY AMOUNT RECEIPT OVER —7
NUMBER CLASS RECEIVED NUMBER RIDE RECEIVED FROM DATE PATIENT NAME
1 I
ICI?)
CHILDRENS HOSPITAL LOS ANGELES
4650 SUNSET BOULEVARD
LOS ANGELES, CALIFORNIA 90027
ChildrensHospital
LosAngeles /J
PREPARED BY:
Pt FRSF Rr TEIN BRCS ST '
CAT 46A783 FOR YOUR RECORDS.
MAKE CHECKS PAYABLE TO: ., c7 CREDIT R
cPH ces kA Cr U .nrt
NADEL. ROSEN AND MILLS, INC. CHOICES
HOMER FI, R. AMn Rr
f•0 uu< Oen
West Covina, CA 91793-0628 SIGNATURE EXP.DATE
Affni INT NUMBER I STATEMENT DATE I PAT THIS AMOUR
01505662 07/02/99 44.00
PHONE (626)960-3957 95-2657712 SHOW/MOUNT PAID Nees
SERVICES RENDERED AT QUEEN OF THE VALLEY HOSP S
. ..
ADDRESSEE: REMIT TO: :.
BWNDRNO CO28 91706
#BLSNA00150566206u II,I,„„III,p,II,L,..II. I,nL
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IIJ TIL„TIL.,,II,,.M.I„L,„II„II,II,,,,,ILI,I„I NADEL, ROSEN AND MILLS, INC.
MARY ACOSTA PO Box 628
3803 ATHOL ST West Covina, CA 91793-0628
BALDWIN PARK, CA 91706-3813
•
0 Please check Dox if above address is incorrect or insurance --T'aMM�++a
infoaria!Ian has than}ed and iOd,caf¢,
PATIENT NAME
ACCOUNT NO. STATEMENT DATE PHONE KAILANY, ELIZABETH
01505662 07/02/99 626/813-6981
SERVICE DESCRIPTION DX CODE AMOUNT
DATE PROC. COD 813.42 44.00
06/12/99 01 73110-26 WRIST,COMPLETE
i I I '
PHYSICIAN PERFORMING SERVICE =A
REFERRING PHYSICIAN THOMAS R 44
VAN DYKE MD,ALEXAND SANDERS MD,
Puce of SERVICE BIRTHDATE
PLACE OF QUEEN OF THE VALLEY HOSP 2 INPATIENT HOSPITAL
SERVICE: 1115 S SUNSET AVE iEOrAl
EMERGENCY ROOM 01/08/92
5 OFFICE
WEST, CA. 91790 E.NURSING HOME
T OTHER
FILE A CLAIM WITH YOUR INSURANCE CARRIER OR CALL THIS EMPLOYER:
OFFICE WITH YOUR INSURANCE INFORMATION. PRIMARY INS:
SECONDARY INS:
Page 1 of 1
NOTE __
rte.
CITRUS NACU.\' ML:UICAL CENTER
Qicen of the Valley Campus
DEPT 66725 EL MONTE CALIFORNIA 91735-6725
(626)014-0333 T IN11YI
MJ-•n onv IM ru !on1 vn xuMBER
06/12/99 06/12/99)022779326 PAGE 1
PATIENT: KAILANY, ELIZABETH ER FINAL
INSURANCE CO: IRS#95-6006469
ACOSTA,MARY 06/16/99
3803 ATHOL ST MEDICAL RECORD: 000505662
BILL TO BALDWIN PARK CA 91706
BALANCE SHOWN IS AS OF THE ABOVE
DATE.PAYMENTS AFTER THIS DATE WILL
APPEAR ON YOUR NEXT STATEMENT.
DATE
MO DAY m DESCRIPTION CODE QTY RVS/CPT CHARGES
0612 99 BANDAGE TRIANGULAR 4050098435 1 27. 00
0612 99 SPLINT,LONG ARM 4083000041 1 25. 00
*** 271 NON-STERILE/SUPPLY *** *** 52 . 00
0612 99 LEFT WRIST COMPLETE 4 VIEWS 4140002145 1 73110TC 156 . 25
*** 320 DX X-RAY *** *** 156 . 25
0612 99 UC VISIT INTERMED LEVEL2 4083000017 1 99203 125. 00
*** 456 URGENT CARE *** *** 125 . 00
::UL: TOTAL CURULiNT CIIARCEJ JJJ . _5
TOTAL LIABILITY 333 . 25
•
/�� BALANCE 333 .25
Crtuus VALLEY MEDICAL LEVER
p .yk
DEPT S6725 EL MONTE.CALIFORNIA B17356725
(636)s14A333
1 Ir mu er MAMIILAPILP
r CK CAPD US NG^FUN PAYMLN
AMERICAN EMERG PHYSICIANS MED Lae --il MAsFNURT L v A
P.O. BOX 187 .LARD N.,MRrn jAMOMm
WEST COVINA, CA 0187 -SIGNATURE FETA FETA DATE
5867
PHONE NO: STATEMENT DATE I PAY THIS AMOUNT ACCT.N
800 480-2036
OFFICE HOURS: 8:30 A.M.-5:00 P.M. MON-THURS 7/09/99 283.63 00135157
IRSP 954194045
Page: 1 SHOW AMOUNT
PAID HERE
Eldlllll1111,11111.1IHtJllllllll.IELJ1E,IENHd6LL II
MARY ACOSTA AMERICAN EMERG PHYSICIANS MED
3803 ATHOL ST P.O. BOX 187
BALDWIN PARK, CA 91706-3813 WEST COVINA, CA 0187
1 EL 111 YE 1111 L B LI Y®L IE L L 1
Il%ease check hox it address Is incorrect or Insurance STATEMENT PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT
U Inlolmanon has changed,and indicate changelsl on reverse side. F-ESMIv'6 ran
r
DATE PLACE CPT DESCRIPTION 'DIAGNOSIS AMOUNT
•
1'HL VluUU aAL:UULt.
06/12/99 4 2560D FX-DISTILL FACIAL,CLSD,W/O REDTJC 81342 283.63
•
•
•
PATIENT ACCOUNT N I ATTENDING PHYSICIAN AMERICAN EMERG PHYSICIANS MED
ELIZABETH KAILANY 00135157 VANDYKE,ALEX M.D. P.O. BOX 187
SERVICE DATE I
ADMISSION DATE I DISCHARGE DATE i LOCATION OF SERVICE WEST COVINA,CA 0187
06/12/99 CITRUS VAL MEO.CTR.IFP/FTI 800 480-2036
MESSAGES PHIMAHY INSURANCE PLACE OF bEHVICE
••"THIS IS THE PHYSICIAN* BILL ONLY•"• CASH 1.INPATIENT HOSPITAL S.OFFICE
PLEASE SEND PYMT,INS INFO DR MEDICAL 2.OUTPATIENT HOSPITAL 6.NURSING HOME
CARD TO THE ADDRESS OF THIS STATEMENT SECONDARY INSURANCE 13.DOCTOR'S OFFICEVND LAB 7.OTHER
AS WELL AS TO THE HOSPITAL. THANK YOU. I4.EMERGENCY ROOM B.CLINIC
I I I TOTAL AMOUNT DUE
STATEMENT DATE CURRENT 3D-60 DAYS 60-90 DAYS I 90-120 DAYS
7/09/99 283.63 .00 .00 .00 283.63
5867•56J151NVAD01O10
RECEIVE!? August 2, 1999
CITY OF ROSEMEhD
AUG 51999
CITY CLERK'S OFFICE
TO: City of Rosemead
Al IENTION: Nancy Valderrama, City Clerk
RE: Claim Acosta v. City of Rosemead
Claimant Mary Acosta
D/Event 12-Jun-99
Rec'd Y/Office : 22-Jul-99
Our File S-101203-MRQ
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
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'(7141740-7099 Fvr ten-ranm ov Cone_._.,-........_..-
Ce:
'7176
TZECEES` I p
CITY OF ;.... �_ „' ,
AUG Z 31999
CITY CLERK'S OFFICE
GOVERNMENTAL ENTITY PRELIMINARY REPORT
TO:Carl Wane Company DATE: 08/17/99
750 The 'ity Drive, Suite 400
Oran!' CA 92868 CLAIMANT: Elizabeth Kailany by Mary
Acosta,parent and guardian
FILE NO: S101203 MRQ
D/EVENT: 6/12/99 FILING DATE: 7/22/99 SIX MOS.: YES
PRINCIPAL/CITY: CJPIA/City of Rosemead
RECOMMENDED ACTION ON CLAIM:No Action
FACTS: Claimant's daughter was playing on the monkey bars when she missed a bar and
fell to the ground fracturing her wrist.
POSSIBLE CO-DEFENDANTS: None apparent at this time.
EVALUATION: Difficult to assess until an inspection of the premises can be made.
RESERVES TYPE OF CLAIM AMOUNT
1_Elizabeth Kailany by Mary Acosta, parent and guardian
Bodily Injury Reserve-- S1.000.00
COMMENT :RK TO BE COMPLETED: Our further report will follow a scene
inspection . •. evaluation.
Ve ruly Yours,
Michael Reed
Carl Warren& Company
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
s3/4'ilb.cc: City of Rosemead, Attention: Ms. Nancy Valderrama, City Clerk
cc: CJPIA -Attn.: Executive Director
•
—2 — Carl Warren & Co.
September 17, 1999
�' 1 �
RECEIVED
INVESTIGATION PORT: AUTHORITY REQUEST CITY OF ROSEMEAD
Carl Wan-en& rompany SEP 2 3 1999
750 The City *rive
Suite 400 CITY CLERK'S OFFICE
Orange, 'A 92668
Att-. tion: Mr. Richard Marque
RE: Principal CJPIA
Member City City of Rosemead
D/Event 6/12/99
Claimant Elizabeth Kailany by Mary Acosta, parent
Our File S101203 MRQ
PREVIEW: Claimant's daughter was playing on the monkey bars when she missed a bar and
fell to the ground, fracturing her left wrist,
MEMBER CITY: City of Rosemead, with primary department involved being the Parks and
Recreation Department with Director Michael Burbank.
OTHER INSURANCE: Medi-Cal is the primary carrier for the claimant's child in this matter.
Her mother signed up for the program after the injury and it appears that they will be paying for
the bulk of the outstanding medical bills incurred as a result of this incident.
DATE. TIME & PLACE: This incident occurred on June 12, 1999 at approximately 12:00 pm
at Rosemead Park on Mission in the City of Rosemead.
GOVERNMENT CODE REQUIREMENTS:
• DATE REQUIRED CLAIM FILED: The claim was timely filed on 7/22/99.
• ACTION BY PUBLIC ENTITY: Rejection is recommended at this time.
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
• STATUTE OF LIMITATIONS: Six months post date of rejection when claimant is
notified in writing. At this point,the Statute of Limitations is 6/12/01.
PREMISES: The premises where this incident occurred are within the play area of a City Park
identified as Rosemead Park. This City Park has three play areas: one near the pool, a newer
area on a hill and a third and even newer looking area that is the farthest away from Mission.
Through an interview with the mother of the injured child we were able to identify the first
area as the one involved, this is the area closest to Mission near the pool. The monkey bars at
this location are approximately 6 feet in height on the low end and rise to about 6 ''/2" feet on
the high end with the actual bars approximately 12"apart on center.
Defect: Although the claim alleges an unsafe surface, the plaintiff appears not to know
the difference between the 3 or so surfaces available—sand, mats or rubber chips.
Despite the most current thinking on surfaces, this claimant believes that sand should
have been the surface of choice. The surface in place at the time is a rubberized type of
mat that at 6" or more in thickness, is very spongy and an excellent attempt to
minimize injury in this playground area.
OWNERSHIP/CONTROL: With current information, it would appear that the City of
Rosemead is generally responsible for the ownership, maintenance and control of the premises
where this incident occurred.
CO-DEFENDANT:None apparent at this time.
FACTS IN BRIEF: With the supervision of her mother and the mother's brother-in-law,
Elizabeth Kailany traversed the monkey bars at Rosemead park.
She had been playing for several minutes without incident when either her hands slipped due to
sweat or she simply missed the next bar, fell to the rubberized mat and got her left arm stuck
between her body and the mat,fracturing her wrist.
CITY VERSION: Confirms FACTS IN BRIEF but alleges that the rubberized mat is in place
to do exactly what it essentially did and that was to minimize the risk of injury from a fall from
the monkey bars or other equipment at this park.
CLAIMANT'S VERSION: We met with the claimant's mother, Mary Acosta and took a
recorded interview of her version of her minor daughter's injury. A synopsis of her version is
attached to this report and essentially confirms FACTS IN BRIEF but argues that the surface
should have been sand instead of rubber..
2 Carl Warren & Co.
Date/Time of Incident--- - 6/12/99 @12:00 pm
Address--- 3803 Athol St. in Baldwin Park, Ca.
Anchor Address--- n/a
Date ofBirth-- 1/8/92 (mother 8/21/57)
Height/weight--- 4' 70 lbs
California Drivers License-- None
Social Security Number-- Unknown
Grade--- entering 1s'grade
DIAGRAM: A simple diagram showing the relative heights of the monkey bars in question as
well as the spacing between the bars is enclosed.
OFFICIAL REPORTS: We have submitted a request for additional background information
relative to prior falls and more background information on the rubberized surface from Parks
and Recreation Department Director Michael Burbank.
PHOTOGRAPHS: Photographs of the incident location were taken during our inspection of
same and are enclosed with this report depicting the involved location (of three possibilities)
and both the type of equipment in place and the surface material involved.
WITNESS: Both the mother and the brother-in-law were at the scene but did not actually
witness the fall. They only observed the child swinging from bar to bar and then saw her on
the ground thereafter.
INJURY : Eliazbeth Kailany, daughter of Mary Acosta residing at 3803 Athol St. in Baldwin
Park, Ca. Elizabeth is 7 years of age.
A. Type of injury: fracture to left wrist
B. Health care provider: Medi-Cal
C. Damages/General liability: $795.88,To be determined
C. Demand/Offer: $795.88
D. Attorney: None
PROPERTY DAMAGE:None
3 Carl Warren & Co.
INDEX BUREAU: We have filed with the Los Angeles Index Bureau on both the mother and
the child for knowledge of a prior accident history and litigation awareness.
With respect to the address, we found two prior filings for a Carmen Acosta (possibly a
grandmother or other relative),that involved auto type of accidents and attorneys.
LIABILITY: We feel that this is a claim for which no liability is apparent as to the City of
Rosemead.
The mother admits that she was there providing supervision while she allowed her 7 year old to
use the monkey bars that appear generally appropriate for a child of this age with at most, a 2-3
foot drop.
As for the surface, our best defense is that despite the fact that sand is universally used
throughout City and School Parks everywhere, it does compact over time unlike the rubber mat
currently in place.
The City probably has a maintenance policy in place that involves this area and nothing in our
inspection points to negligent maintenance.
The equipment appears of standard quality and design with no apparent defects noted in this
area.
Our investigation found that rubberized mat is of good quality, near new and quite springy.
In light of our comparative arguments and the fact that the claimant was under her mother's
direct supervision,the injury occurred due to her arm being trapped beneath her body and this
was the direct cause of her injury rather than the type of surface—no liability is apparent
against the City of Rosemead.
SETTLEMENT/NEGOTIATIONS: Our problem with this case involves an injury to a minor
child presumed free of negligence and similar cases in the backlog of the undersigned for
school districts that have resulted in ongoing and expensive litigation.
This mother appears willing to settle for merely her out of pocket expense. She may seek
representation if the matter is merely denied and no consideration is given for her daughter's
injury. This well could be finalized for a mere $250.00 with all threat of possible expensive
litigation removed.
AUTHORITY REQUEST—In an effort to finalize the case and avoid possible costly
litigation despite our strong liability position,we hereby request authority for S250.00.
—4 — Carl Warren & Co.
WORK TO BE COMPLETED:
o Confirm type of construction and safety benefits with the Parks and Rec Director.
o If possible, finalize the matter at this early stage for some out-of-pocket money to the
mother.
CLAIM STATUS: Elizabeth Kailany Bodily Injury Reserve--$1.000.00
ENCLOSURES:
✓ Photographs
✓ Recorded Interview—Mary Acosta
✓ Handbook for Public Safety from the Consumer Product Safety Commission (Related
sections)
✓ Index Response
COMMENT: We continue in our remaining investigation as above outlined, absent the
possibility of•'sposing of the case in its entirety.
Very ly Yours,
Michael Reed
Carl Warren& Company
cc: City of Rosemead, Attention: Ms. Nancy Valderrama, City Clerk
cc: CJPIA- Attn.: Executive Director
5 Carl Warren & Co.
nil
September 21, 19999ECEP»FF?
Gay OF RI -197
SEP 2 31999
TO: City of Rosemead CITY CLERK'S OFFICE
Al IENTION:Nancy Valderrama, City Clerk
RE: Claim Acosta v. Rosemead
Claimant Mary Acosta
D/Event 6/12/99
Reed Y/Office : 7/22/99
Our File S 101203 MRQ
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
RLcharcbV. Marque
Richard D. Marque
cc: CJPIA
Attn: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive•Ste 400 I.Orange,CA 92868
Mail'P.O. Box 25180•Santa Ana,Ca 92799-5180
Phone'. (714)740-7999•(800)572-6900•Fax (714)740-9412