HomeMy WebLinkAbout21-Risk Management
ctv OF SAN BERNAR~O - REQU':')ST FOR COUNCIL A510N
Dept:
Risk Management
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rIB 24 AM /2: Sj
Liability Claim Settlement
From:
Bruce H. Gadbois
Date:
February 23, 1987
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Synopsis of Previous Council action:
NONE
Recommended motion:
That the Acting Director of Risk Management be authorized to settle
the claim of Donald Stratton, 87A-004, for the sum of $4,977.59.
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Signature
Cont8Ct person:
Kevin D. Sovereign
Phone: 383-5201
Finlnce:
N/A
(Liability Claims)
629-453-53510
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Supporting dati attlched: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
$4,977.59
Source:
Council Notes:
75-0262
Agenda Item No .2..(
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CCY OF SAN BERNAR~O - REQUeJiT FOR COUNCIL AC(:510N
STAFF REPORT
LIABILITY CLAIM SETTLEMENT
Stratton
87A-004
FACTS
On November 13, 1986 at about 12:25 p.m. the claimant's
vehicle, a pickup truck with a utility bed mounted cherry
picker was legally parked on the east side of State St.
north of Darbt St. The claimant was performing telephone
line maintenance under contract to General Telephone. As
the claimant was working on a telephone line while in the
bucket of the cherry picker, his vehicle was struck by a
city Refuse truck. The Refuse truck impacted the left rear
portion of the claimant's truck. An orange "MEN WORKING"
sign and orange colored traffic pylons were in place to the
rear of the claimant's vehicle when the collision occurred.
The city driver stated that just prior to the collision he
had steered his vehicle to the right portion of his travel
lane in order to allow clearance for a southbound vehicle
that was close to the center line. The city driver said
that his vision was obscured in front of him by another
city Refuse vehicle and that he did not see the claimant's
vehicle until just prior to impact. The city driver also
stated that he was driving at approximately 55 miles per
hour, The posted speed limit for State St. is 40 miles per
hour.
LIABILITY
This is a case of clear liability.
DAMAGES
An appraisal was obtained on the.claimant's vehicle. Its
actual cash value was found to be between $2,750.00 and $3,000.
Vehicles of this type at this price range are nearly non-
exist ant and it is the claimant's desire to have his vehicle
repaired.
The cost of repa1r1ng the claimant's vehicle according to a
guaranteed estimate are $2,699,79. Also, three electronic
test meters which were damaged in the collision need to be
re-calibrated at a total cost of $600.00. Replacement cost of
a 28 foot extension ladder which was destroyed is $317.00.
Additionally, the claimant is claiming a verified wage loss
for the period of time that his truck is being repaired. This
amount is $1,360.80.
75-0264
2/23/87
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SETTLEMENT AUTHORITY REQUESTED
The total losses for this claim, as enumerated, are $4,977.59.
A signed release contingent upon Council approval has been
obtained after a rather arduous negotiating process. Settlement
authority is requested in the amount of $4,977.59.
kds
2/23/87