02-06-2001 - Veronica Batiz VS. City of West CovinaTO:
FROM:
SUBJECT:
SUMMARY:
Daniel G. Hobbs, City Manager and City Council
Carol Fox, Director of
Personnel and Risk Management
0 City of West Covina
MEMORANDUM
A GENDA
ITEM NO. C-3b
DATE February 6, 2001
VERONICA BATIZ VS. CITY OF WEST COVINA
On November 10, 2000, the City Clerk's Office received a 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 October 29, 2000, at the northeast
corner of Sunset Avenue and West Covina Parkway. The claimant alleges she stepped into an
uncovered water meter box causing her to fall. As a result of her fall, claimant alleges she sustained
injuries to her back and left foot.
An investigation by the Public Services Department does not substantiate liability on the part of the
City. Upon receipt of the claim, a City crew immediately responded to the incident location and
found the uncovered water meter box. It was determined that the water meter box in question is the
responsibility of the adjacent property owner, Discount Tire. The City crew placed a barricade over
the uncovered box, and Discount Tire was notified to replace the cover.
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
uncovered water meter box at this location prior to claimant's alleged fall. Once the City had
knowledge, a barricade was placed over the uncovered box, and the responsible party was notified
to replace the cover.
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 claim of Veronica Batiz, filed on November 10, 2000, be denied and the
claimant's attorney be so notified.
Carol Fox, Director o
Personnel and Risk Management