01-22-2002 - Evelyn Doreen Arguinzoni as Guardian Ad Litem for Damon Kuklinski, Jr. VS. City of West CovinaCity of West Covina
MEMORANDUM
AGENDA
TO: Andrew G. Pasmant, City Manager
and City Council ITEM NO. C-3e
FROM: Erin Patricia Hoppe DATE January 22, 2002
Risk Manager
SUBJECT: EVELYN DOREEN ARGUINZONI AS GUARDIAN AD LITEM FOR
DAMON KUKLINSKI, JR. VS. CITY OF WEST COVINA
SUMMARY: On August 3, 2001, the City Clerk's Office received a claim for personal injuries
relating to a vehicle accident. The amount of claim had not been determined at
time of presentation.
BACKGROUND:
This claim arises from an automobile accident that occurred on February 2, 2001, at the intersection
of Barranca Street and Garvey Avenue South. The claimant was a passenger in the vehicle owned
by Victory Outreach and contends that the intersection constitutes a dangerous condition. Claimant
alleges the primary cause of the collision is the unreasonable design of the intersection and the
City's failure to provide adequate traffic controls by installing four-way left turn signals. As a
result of the accident, claimant is alleging unspecified personal injuries. This claim is related to
four other claims on this Agenda (Victory Outreach, Sonny Arguinzoni, Evelyn Arguinzoni & Julie
Arguinzoni).
DISCUSSION: .
Based on a review of the traffic collision report, including all evidence, facts, and statements, the
collision was caused by the driver of the other vehicle; Lawrence Hernandez, who failed to yield
the right-of-way to on -coming traffic while making a left turn. An investigation by the Public
Works Department and the . City's Claims Administrator, Colen and Lee, does not substantiate
liability on the part of the City.
A search of the Engineering Department's records found that the City has had no notice or
complaints regarding the traffic signal at the intersection of Barranca Street and Garvey Avenue
South. In addition, an on -site inspection of the intersection found the traffic signals are all in clear
open view and in proper working order. There are no visual- obstructions that would prevent
another driver from seeing an on -coming vehicle.
After a review of the investigation in this matter, staff and the City's Claims Administrator at that
time, Colen and Lee, determined the City was not negligent and recommend denial.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Council Members 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 Evelyn Doreen Arguinzoni as Guardian Ad Litem for. Damon
Kuklinski, Jr., filed on August 3, 2001, be denied and the claimant's attorney be so notified.
Prepared by: Reviewed & Approved by:
Debbie Dominguez Erin Patricia Hoppe
Safety & Claims Manager Risk Manager