01-16-2001 - Maria Munoz VS. City of West CovinaI
4
TO:
FROM:
SUBJECT:
. 0 City of West Covina
MEMORANDUM
A GENDA
Daniel G. Hobbs, City Manager and City Council
Carol Fox, Director of
Personnel and Risk Management
ITEM NO. C-2a
DATE January 16, 2001
MARIA MUNOZ VS. CITY OF WEST COVINA
SUMMARY: On October 5, 2000, the City Clerk's Office received an amended claim for
personal injuries. The amount of claim had not been determined at time of
presentation.
BACKGROUND:
This claim arises from a trip and fall accident that occurred on June 26, 2000, on the public
sidewalk located at 1615 E. Rowland Avenue. The claimant alleges she tripped over an elevated
portion of the sidewalk, which in her opinion, was caused by tree root growth.
Investigation by the Public Services Department found that a request for sidewalk repair at this
location was received on June 30, 2000 from a Jaime Munoz. The sidewalk at this location was
inspected and scheduled for repair. Since there was no mention of a trip and fall accident at this
location, the request was considered routine; therefore, no photos or measurements were taken.
DISCUSSION:
The definition of a dangerous condition is set forth in Government Code Section 830 which defines
a dangerous condition of public property as a condition that creates a substantial risk of injury when
such property is used with due care. In addition, a public entity can only be held liable if they have
constructive notice of a condition, or if the condition has existed for such a period of time and was
of such an obvious nature that the public entity, in the exercise of due care, should have discovered
the condition.
A search of the Maintenance Department's records found that the City had no notice of the
sidewalk displacement at this location prior to claimant's alleged fall. Once the City had
knowledge, the sidewalk was inspected and scheduled for repair.
Investigation into this matter also revealed that roots from an Ash tree, privately owned by the
adjacent property owner, caused the sidewalk displacement.
After a review of the investigation in this matter, staff and the City's claims administrator, Colen
and Lee, determined the City was not negligent in its maintenance of public property and
recommend denial.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Councilmembers refrain from making specific public comments so as not to prejudice any claim.
Specific questions should be referred to the City Attorney.
RECOMMENDATION:
It is recommended that the amended claim of Maria Munoz, filed on October 5, 2000, be denied
and the claimant's attorney be so notified.
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LIA,
Carol Fox, Directd of
Personnel and Risk Management