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CITC' 01' SAN BERNARD~ - REQU":3T FOR COONCI ACT~ON
From: Bruce H, Gadbois
REC'O.~~~~~ Liability Claim Settlement
IB8i FEa 24 ~~ I~' ~ ~
Dept: Risk Management
Date: February 23, 1987
Synopsis of Previous Council action:
NONE
Recommended motion:
That the Acting Director of Risk Management be authorized to settle
the litigated claim of Liles v. City of San Bernardino, 86A-OIO, for
he sum of $9,300.00.
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Contact person: Kevin D. Sovereign
Phone: 383-5201
Supporting data attached: Staff Report. attornev letter Ward:
Finance:
(Liability Claims)
629-453-1>::1"10
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FUNDING REQUIREMENTS:
Amount:
$9.300.00
Source:
Council Notes:
75-0262
Agenda Item No. ::5 -~
cO' OF SAN BERNARq:)IO - REQU"T FOR COUNCIL A~ON
STAFF REPORT
LIABILITY CLAIM SETTLEMENT
Liles v, City of San Bernardino
86A-OIO
PLAINTIFFS
The plaintiffs in this action are Forrest Liles, 63 and
his 59 year old sister-in-law, Billie Liles,
DEFENSE COUNSEL
The city is represented by Bruce D. Mac Lachlan of Mac Lachlan,
Burford & Arias.
FACTS
On December 6, 1985 the plaintiffs were descending an escalator
at the Central City Mall which was stoppp-d. A Public Buildings
Division Maintenance Custodian inadvertantly re-started the
escalator while the plaintiffs were on the escalator stairs.
In addition to this, the escalator rotated in reverse when it
was re-started. Mrs. Liles was propelled backwards and landed
on the upper landing area of the escalator on her buttocks. Mr.
Liles was twisted to his left.
LIABILITY
The discovery phase of this case has just recently been completed.
Mr. Mac Lachlan feels that liability against the city will prob-
ably be found. This view is based upon the employee's lack of
training in re-starting the escalator coupled with the fact that
no measures were taken to prevent anyone from stepping onto the
escalator during the re-starting process.
INJURIES
Mr. Liles sustained an acute sprain to the upper left side of
his back and left shoulder. Mrs. Liles suffered an acute sprain
of the lower back. Both plaintiffs have extensive pre-existing
back conditions. The injuries suffered as a result of this in-
cident could be categorized as aggravations of those pre-existing
conditions. Mr. Liles medical treatment costs to date are approx-
imately $1,700.00 while Mrs. Liles' are approximately $800.00.
SETTLEMENT DEMAND/NEGOTIATIONS
The plaintiffs initial claim demands totalled $150,000.00. After
the completion of discovery, these demands were revised to a
total of $21,500.00, $15,000 for Mr. Liles and $6,500 for Mrs.
Liles. Following some fairly intensive negotiations, a tentative
settlement has been reached for a total of $9,300.00, $6,800 for
75-0264
2/23/87
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Mr. Liles and $2,500 for Mrs. Liles. This tentative agreement
was made with the understanding that it is sUbject to the app-
roval of the Council.
RECOMMENDATION
It is recommended that settlement authority be granted in the
amount of $9,300.00. This amount when combined with legal
defense costs of approximately $3,700.00 to date is less than
the expected verdict range of $15,000 to $17,500 predicted by
Mr. Mac Lachlan.
kds
2/23/87
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.~'O.]t~R~~8ttAN. BURfORD & ARIAS
:1 FEB 24 PM 3: I t CAW CORPORAnON
150 WEST FIFTH STREET' SUITE 103
riff
.
BRUCE O. MAC L.CH~N
RONALD A. BU"f"OAO
,JOSEPH ARIAS
MICHAEL W. MVOG
KENNETH T. KAEEB1..E
DENNIS O. POPKA
LEIGH O. HARPER
CU""ORO R. CUNNINGHAM
MONTE A. C"'VI5. JR.
DENNIS A. STOUT
BONNIE 8. BAILEY-JONES
SHARON K. BURCHETT
ROGER H. RIDLEY
CHRISTOPHER O. LOCKWOOD
VERNON C. LAURIDSEN
JOHN G. EVANS
.JOHN G. WILCOXSON
llAETT J. ....TTIN
OAVIO E. DRISCOLL.
EDWARD A. ST. GERMAIN
RICHARD R. HEGNER
RANCHO CUCAMONGA CFn:s::
P. O. BOX 1<469
SAN BEANAAOINO. CALIFORNIA 9,2<402
B2eo UTICA AVENUE. SUITE 200
RANCHO CUCAMONOA, CALIfORNIA ~1130
[7141 989 '~81
(714) 685-4491
PLEASE REPLY TO
o SAN BERNAROINO OFF"ICE:
o RANCHO CUCAMONGA OF"F"CE
FIL.E NO.
February 9, 1987
5043-B
TONY BUSTOS
OFFICE MANAGER
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, California 92418-0421
Attention: Kevin D. Sovereign
Liability Claims Specialist
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Re:
LILES v. CITY OF SAN
File No.: 86A-OIO
Date/Loss: 12-6-85
BERNARDINO
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Dear Mr. Sovereign:
I have tentatively settled the above-captioned case
with plaintiff's counsel subject to City Council approval.
As you know this accident occurred on December 6, 1985
when one of your employees inadvertently started the escalator
that was inoperative while plaintiffs, Forrest and Billie Liles,
were in the process of walking down the stationary escalator.
Mrs. Billie Liles sustained injury to the low back and
Mr. Forrest Liles sustained injury to the left shoulder and left
upper back. Both had rather extensive previous medical histories
which plaintiffs' counsel contends made them much more vulnerable
to serious injury. Mrs. Liles had several prior low back
surgeries and Mr. Liles had a fairly serious disabling worker's
compensation injury.
Mrs. Liles incurred medical expenses for treatment in
the approximate amount of $785.00 and Mr. Liles, $1695.25. There
was no wage loss because both were retired and in fact both were
on disability due to pre-existing orthopaedic problems.
Because the defendant takes his victim as he finds him,
the defendant is normally held responsible for any aggravation of
a pre-existing condition.
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M.AC LACHLAN. BURfORD 8< ARIAS
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A LAW CORPORATION
CITY OF SAN BERNARDINO
February 9, 1987
Page 2
If the case went to trial, I wculd expect a possible
verdict in the range of $15,000 to $17,500, somewhat compromised
by some dispute over the nature and extent and severity of the
escalator movement and the trauma imposed upon plaintiffs.
Accordingly, I would recommend the settlement in the
total sum of $9,300, consisting of $6,800 to Mr. Forrest Liles
and $2,500 to Mrs. Billie Liles. Please submit this to the City
Council and advise of their ruling.
Very truly yours,
MAC LACHLAN, BURFORD' ARIAS
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Bruce D. MacLachlan ~~W \
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