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, ~ITY OF SAN BEIOIARDINOo-
MEMORANDUO
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To
Hon. Mayor and Common Council
From
Ralph H. Prince
City Attorney
Subject
Meairs v. City of San Bernardino and
Church of Christ v. City of San Bernardino
Date
September 19, 1986
Approved
Date
700.2
You haye asked for summaries of a claim and a court case which
are being recommended for compromise and settlement as set
forth on the Supplemental Agenda of September 22, 1986.
Meairs v. City of San Bernardino
A staff report from Risk Management is attached to this
memorandum.
Charles A. Peckham of Bruggeman, Smith and Peckham, by letter
dated September 5, 1986, indicates that there is about a 50%
chance of prevailing and, therefore, recommends a settlement
of $12,000. The medicals total approximately $5,800, and the
City has expended approximately $6,428 for attorney fees and
other costs to date. There will be additional medical bills
and other costs and the cost of trial would be approximately
$5,000 for expert testimony and attorney fees.
In view of the serious nature of the injury, a fracture of the
lumbar vertebra, the future medical bills, the cost of trial,
and particularly in view of presiding Judge Campbell's
recommendation that the case has a settlement value of in
excess of $16,000, it is recommended that a settlement of
$12,000 be approved.
Church of Christ v. City of San Bernardino
The staff report recommending settlement in the amount of
$4,903 is attached hereto.
This is a case of absolute liability against the City of San
Bernardino and the only issue is the amount of the damages.
The average book value of a replacement vehicle is $4,330 and
the average trade newspaper value of a replacement vehicle is
$4,523.
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Hon. Mayor and Common Council
September 19, 1986
Page Two
Since the Claimant could probably recover the loss of use of
the vehicle since June 29, 1986, the date of the accident, the
sum of $4,903 is a fair settlement and is recommended for
approval.
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RALPH H. PRINCE
City Attorney
RHP:nb
cc: City Administrator
~I* OF SAN BI:RNARDQO - REQUQT FOR COUNCIL A~ON .'
STAFF REPORT
LIABILI'lY crAIM SE.Tl'LEMENT, Meairs v. Weizzenegger, et al
This litigation is the result of a single car traffic accident
which occurred on March 13, 1984 at the intersection of Perris
and Evans Sts. The plaintiff is a 71 year old female passen-
ger in a vehicle operated by her daughter. She suffered a
compression fracture of a lumbar vertebra when the vehicle went
through an unposted dip as the vehicle was proceeding westbound
on Evans St.
The driver's insurance carrier had reached a settlement with the
plaintiff in early 1985 for $15,000 in addition to payment of
approximately $6,000 in medical billings and $9,000 in future
medical benefits.
The liability question in this case amounts to whether or not the
city had actual or constructive notice of the fact that the "dip'"
sign which had been in place was missing on the date of the accident.
Interviews with residents of the neighborhood surrounding the inter-
section revealed that the sign had been replaced by the city on
several occasions in the past but that during the period of time
that this accident occurred, the sign was not there. Our defense
attorney, Charles A. Peckham of Bruggeman, Smith & Peckham has in-
dicated that a jury would most likely conclude that the city had
constructive notice of this condition.
Judge Campbell had evaluated the settlement value of this case at
$16,393.00 with an adyerse verdict range of approximately $42,000.
The plaintiff's demand to settle the matter was $18,000. Mr. Peckham
had advised that the city should offer no more than $12,000. An
offer at that amount was made after there was no movement at a lower
figure. Following numerous telephone conversations with both Mr.
Peckham and the Liability Claims Specialist, the plaintiff's counsel
has agreed to a settlement at the $12,000 amount, sUbject to approval
by the City Council.
Settlement authority in the amount of $12,000 is requested.
75-0264
~I* OF SAN BERNARDQO - REQUQT FOR COUNCIL AC~ON
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STAFF REPORT
LIABILITY CLAIM SETTLEMENT
Church of Christ, 86B-023
This claim is the result of a non-injury traffic accident
which occurred in the 100 block of S. Alameda St. on June
28, 1986. Claimant Church of Christ's vehicle, a 12 passenger
van was legally parked when it was struck from behind by
a city refuse truck. The van was unoccupied.
The claimant's vehicle was towed from the scene and was
stored at Tri-City towing while repair estimates were secured.
All of the estimates indicate that the vehicle is a total loss.
An independent appraisal was performed to determine the value
of the van. The appraisal placed a value on the vehicle of
$4,330.00 to $4,523.00.
The Church of Christ has indicated that they would be willing
to settle this claim for the $4,523.00. figure as the value of
the vehicle in addition to $380.00 for towing and storage charges.
The total settlement value would be $4,903.00.
Settlement authority in the amount of $4,903.00 is requested.
75-0264