HomeMy WebLinkAbout19-Emergency Services
. .
CI'" OF SAN BERNARD-'ib - REQU.o.- FOR COUNCIL AC~N
From:
Ronal d Wltlrola~Jt!JIMrMJ.itYf~,tor Subject:
Emergenc~9~e~it8s^~I~I&~ MANAGEMENT
August 15, 1985
Liability Claim-Authorization to
Settle Subrogation Claim with
Farmers Insurance- $2,213.30
Risk Management file 85A-020
Dept:
Date:
Synopsis of Previous Council action:
U5 ;:It
= m
<.n ~
None. =- CI
c::
en I
~
en CI
X
-
". :z
3:
- 0
.. "TI
a ...,
Recommen<:led motion:
That the Director of Emergency Services & Risk Management be
authorized to settle the subrogation claim by Farmers Insurance
in the negotiated sum of $2,213.30 as a full and complete release
in the property damage portion only in the claim of Lindsey -vs-
City of San bernardino; Risk Management file 85A-020 and San
Bernardino County Superior Court file No. 226905, the result of a
traffic accident at or near the intersection of Golden & Lynwood,
City of San Bernardino, January 9, 1985. involving a City of
San Bernardino vehicle.
Ro na 1 d ,gngWllfle i m
Contact person:
Sharon E, Fl eenor
Phone:
5201
Sou rce:
N/A
Liability Claims----
29-453-53510
Supporting data attached: Yes
FUNDING REQUIREMENTS: Amount: $2,213.30
Ward:
Finance:
,
,..
Council Notes:
75-0262
'tf:
Agenda Item No, / '
" I
. .
CI-R OF SAN BERNARDI~ - REQU& FOR COUNCIL AC~ON
STAFF REPORT
Approximately 4:40 P.M., January 9, 1985, an employee of the
Public Services Department, was driving a city vehicle Easterly
on Lynwood Drive, with the intent to turn Northerly on Golden
Avenue. At the same time, Claimant Ronald M. Lindsey, was
driving Westerly on Lynwood Drive, with the intent to pass Golden
Avenue and continue Westerly. The traffic lights were clearly
green for East and West traffic.
The driver of the city vehicle, by his own admission, waited
in the left turn lane until he felt it was safe to turn, and
did so. As he turned, the left front of the pickup truck, struck
the left front of claimants sports car, causing the sports car
to go out of control and strike the traffic signal pole on the
N.W. Corner of the intersection, As the result of the accident
claimants vehicle was declared a total loss, and claimant suffered
severe personal injuries.
The South-half of this intersection is within the City of San
Bernardino, and the North-half is within the unincorporated area,
Since the point of impact was North of the center line, the
investigation was handled by the California Highway Patrol, under
file number 860-1-85-66. However, the California Department of
Forestry, San Bernardino Fire Department, California Highway Pat-
rol and San Bernardino Police Department, all responded, due to
the uncertain location of the actual accident. The Director of
Emergency Services & Risk Management, was less than three (3)
blocks from the scene when the assignments were broadcast, and was
first on the scene, other than an off-duty deputy sheriff who ran
out of a local store when he heard the crash noises.
Witness statements, including that of the city driver, indicate
that the primary cause of the accident was violation of right-of-
way, by the city driver. An associated factor, by witness state-
ments, is excessive speed by the claimant. This information is
all included in and confirmed by the California Highway Patrol
report,
Farmers Insurance Group, paid the claimant $3,161.87, for the loss
of his vehicle. Risk Management took the position that although
the primary factor of the accident was violation of right-of-way
by the city driver, the associated factor was speed by its insured,
An agreement was entered into, subject to approval by the Mayor
and Common Council, that the the settlement figure would be $2,213.30
which represents comparative negligence of 70% by the city driver
and 30% by Farmers Insured. The law firm which represents the city
in the bodily injury portion of the legal action, is in full agree-
ment that the property portion should be settled as indicated.
75-0264