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Home My WebLink About32-Risk Management JJl - 1. . .. - ~ P CICt OF SAN BERNARDOo - REQUIC)T FOR COUNCIL ACOON " From: BRUCE H. GADBOIS, Acting ~Qt~~:OFtiability Claim 81A-035 MaIQR~ AlIr.?A PM l- ~RRAY, Deanne Emergency Services/Risk ~~~~fi~ Dept: D~e: August 28, 1986 Synopsis of Previous Council ection: None Recommended motion: That the City Attorney be authorized to settle Liability Claim 81A-035, Deanne Murray v. City, in the amount of $7,500.00. ~~ Signat e Contact person: Bruce H. Gadbois Phone: 383-5308 Supporting data atteched: Staff Report Ward: FUNDING REQUIREMENTS: Amount: $7,500.00 Source: Liability Irs.-Claims 629-453-535 0 Finance: //d~.o</ /1- ,r:{;:~,.-- ~y;. ----- Council Notes: 75-0262 Agenda Item No. 3t9- , 1 _ "..- .. CIO OF SAN BERNARDOO - REQUEOr FOR COUNCIL AC'O)N STAFF REPORT Liability Claim 81A-03~ Claimant's Attorney: Richard A. Mulligan Claimant: MURRA'Y, Deanne Defense Counsel: Floyd A. Fishell Furness, Middlebrook and Kaiser Date of Injury: 1/10/81 Details: plaintiff was driving westbound through the Central City Mall parking lot, facing into the setting sun. Following the directional arrows painted on the roadway, she drove into a chain barrier between two sections of the parking lot. The chain, which was hung at a height of 50", hit her in the forehead and also damaged the convertible top of her vehicle. Plaintiff suffered a 4~" cut above her left eye and other cuts to her eyelid and forehead. Initial demand was for $18,500.00. At present, Plaintiff will accept a settlement of $7,500.00. Assistant City Attorney William Sabourin concurs with this settlement proposal (8/27/86). cJ(~~~ Acting Director Emergency Services/Risk Managemp.nt 75-0264 - - o - o o LAW OFFICES OF' FURNESS, MIDDLEBROOK & KAISER ,JOMN W. FURNESS GREG C. ""IDDL.E.AOOK MICMAEL. R. KAISER .J"'''''E5 A. HIGGINS FLOYD F. FISHEL.L. GA"" D. CARPENTER 0" COUNSItL WM. A. FL.ORY A PROFESSIONAL CORPORATION ""AILING ADDRESS P. O. .OX 13'. SAN BERNARDINO, CALI"OAHIA Oa_Oi!-l318 IT..) ...-11751 17''''' eaa-se41 September 5, 1986 CITY OF SAN BERNARDINO Risk Management Division 300 North "0" Street San Bernardino, California ATTN: Kevin D. sovereign RE: MURRAY v. CITY Your File No: Date of Loss: our File' No.: Dear Mr. sovereign: 92418-0421 ,"', o l"lt NORT'" "0" STREET SAN IIEANAAQINO. CAUF"ORH'... .. i~' . /...\ , ' '.......', , i , -.-, .. 0~ 'J.'~ lJ /.... ,.... " '. '. f.9, 3'6' ! /. OF SAN BERNARDINO 8lA-035 01/10/81 84195-9-20 . .' '. ~) ": . '~-:<'~ ..... . -..; /;"";< ,". :~.-..'. ~ ./ '-J.-",-. ;'0 As I stated before, this case involves potential liability on the behalf of the city of San Bernardino in the 20' - 30' range. I believe that this young lady'S injuries, namely the noticeable scar on her facial area, has a total verdict potential in the $18,000.00 - $25,000.00 range. However, assuming the worst, if we can only be found liable in the 20' - 30' range then we are looking at a settlement value of this case of $7,500.00. Please be aware that as in all cases, juries are peculiar animals and have been known to come in with excessive verdicts. Therefore, if the plaintiff's attorney presents his case in a very believable manner by establishing that the girl was driving slowly, in a careful manner and the sun was situated so as to give her a blind spot directly in front of her, then it is believable that she would have looked at the arrows indicated on the parking lot surfaces and proceeded accordingly. As the pictures indicate, the arrows point directly ahead to where this chain is located. If one was to follow the arrows and not visibly be able to see that chain then it is quite believable that the City was negligent in some manner by having the arrows pointing in that direction without any further notice to an unsuspecting driver that proceeding in that direction was blocked off by a chain. .111I ~ o o o o I CITY OF SAN BERNARDINO Re: Murray v. City of San Bernardino September 5, 1986 Page 2 Therefore, a jury could easily look at just that evidence and award a verdict greatly in excess of the $7,500.00 that we believe to be a fair and equitable settlement figure. In light of all these facts and possible circumstances, I am advising that the City offer $7,500.00 as total and complete settlement of this case. Very truly yours, FFF/ce '! ;:Cf\" OF SAN BERNAR~O - REQUIf$T FOR COUNCIL AC~ION ; Dept: BRUCE H. GADBOIS, Acting DirectorSu~iect: Liability Claim 86B-010 REC O.-AD~'lflltf,. Virginia Emergency Services/Risk Managemelf8S AUG 28 PM 2: I a August 28, 1986 . From: Date: Synopsis of Previous Council action: None 1 Recommemled motion: That the Acting Director of Emergency Services/Risk Y~nagement be authorized to settle Liability Claim 86B-OIO, Virginia Martin v. City, in an amount not to exceed $6;~00 for actual damages according to proof. /{0~' Contact person: Bruce H. Gadbois Phone: 383-5308 Supporting data attached: Staff Report FUNDING REQUIREMENTS: Amount: Not to exceed $6,000.00 Ward: Liability Ins.-Claims Sou~: 629-453-53510 Finance: /4~;t;~ / h<€/~ /,..-- Council Notes: . 15-0262 Agenda Item No 3;J- \CI~ OF SAN BERNARD~O - REQUEQT FOR COUNCIL AcOON " . STAFF REPORT Liability Claim 86B-OIO Claimant: MARTIN, Virginia /)14:'-S I D G ~"1f'~,1EI' ? .r;-,~~ .h'/I' Claimant's Attorney: None Defense Counsel: None 'i Date of Loss: 6/29/86 Details: Claimant's car was parked in front of . 1057 North D Street when it was hit by an Animal Control truck. The City driver claimed he had "blacked out" at the wheel. While disciplinary action was being prepared by Paul Turner, Director of Animal Control, the employee resigned. Claimant's car is being repaired at a cost of approximately $4,400.00. Rental car fees to provide transportation during this time are expected to total $600-900. Authority is requested to cover the actual costs of repair and provision of a rental car during the repair period. for a total not to exceed $6,000.00. Assistant City Attorney William Sabourin concurs with this settlement proposal (8/27/86) . ~. BRUCE H. GADBOIS Acting Director Emergency Services/Risk Management 75-0264 ;.~~ OF SAN BERNARbiNO - REQlOT FOR .COUNC~L AQION , . " From: BRUCE H. GADBOIS, Acting Directofi~~~.DJk~~ty C~aim . A "tmrlll{'Ronme Emergency Services/Risk Manageme'f!t8s AUG 28 PM 2: 18 83A-063 Dept: Dam: August 28, 1986 Synopsis of Previous Council action: None ; Recommended motion: That the City Attorney be authorized t6':settle Liability Claim 83A-063, Ronnie Ortiz v. City, in the amount of $2,500.00. .~/~ Signature Contact person: Bruce H. Gadbois Phone: 383-5308 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: $2,500.00 Liability Ins.-Claims Souree: 629-453-53510 Finance: /~-u:. /? A--:::n~~ ,~""t..---' Council Notes: 75.0262 Agenda Item No ,3.;v1 }C~~'OF SAN BERNARD~O - REQUIOT FOR COUNCIL ACOION oj 75.0264 STAFf REPORT Liability Claim 83A-063 Claimant: ORTIZ, Ronnie Claimant's Attorney: B. Gene Bristoll Mar~us and Bristol Defense Counsel: G. Clifton Smith Bruggeman, Smith and Peckham Date of Injury: 3/21/83 Details: A San Bernardino police officer responded to a call of an unwanted guest. Upon his arrival he contacted the Plaintiff and attempted to get him to leave the area. Plaintiff became combative, striking the officer with his fist. The officer then struck Plaintiff several times with.his baton, in the head and leqs. Plaintiff suffered several cuts to the face and head, and a broken cheekbone. Plaintiff was arrested for P.C. 243, battery on a peace officer. The officer involved has since left the City. Initial claim was for $100,000.00. Following three years of defense, includinq a cross-complaint against Plaintiff, we have arrived at a settlement value of $2,500.00. Assistant City Attorney William Sabourin concurs with this proposed settlement (8/27/86). /:9/7~ BRUCE H. GADBOIS Acting Director Emergency Services/Risk Management