01-16-2001 - James D. & Marilou Rothwell VS. City of West CovinaIF
• City of West Covina
MEMORANDUM
TO: Daniel G. Hobbs, City Manager and City Council AGENDA
FROM: Carol Fox, Director of ITEM NO. r_2r,
Personnel and Risk Management
DATE January 16, 2001
SUBJECT: JAMES D. AND MARILOU ROTB WELL
- VS. CITY OF WEST COVINA
SUMMARY: On October 5, 2000, the City Clerk's Office received a wrongful death claim in
the amount of $1,500,000.
BACKGROUND:
This claim arises from a fatal pedestrian versus auto accident that occurred on May 1, 2000, on
Rowland Avenue near Homerest Avenue. Claimants' son, age 13, reportedly walked, without
looking, across the eastbound lanes of Rowland Avenue in an unmarked crosswalk and was struck
and killed by an auto.
Based on a review of the traffic collision report, including all evidence, facts, and statements,
claimants' decedent son was in violation of failing to yield the right-of-way to a vehicle outside of a
marked or an unmarked crosswalk at an intersection.
DISCUSSION:
After a review of the investigation in this matter, staff and the City's claims administrator, Colen
and Lee, determined that the accident location does not constitute a dangerous condition 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:
That the claim of James D. and Marilou Rothwell, filed on October 5, 2000, be denied and the
claimants' attorney be so notified.
Carol Fox, Directo of
Personnel and Risk Management