01-22-2002 - Norman L. Rickman VS. City of West Covinaf
TO:
FROM:
SUBJECT:
Andrew G. Pasmant, City Manager
and City Council
Erin Patricia'Hoppe
Risk Manager
00 of West Covina
MEMORANDU
M
AGENDA
ITEM NO. C- 3h
DATE January 22, 2002
NORMAN L. RICKMAN VS. CITY OF WEST COVINA
SUMMARY: On May 13, 2001, the City Clerk's Office received a claim for property damage
in the amount of $1,097.02. Claimant is seeking to recover costs to repair
damage to his vehicle.
BACKGROUND:
This claim arises from allegations that the City failed to properly maintain a City owned tree
located at 1031 Spruce Street. The claimant alleges that a branch from the tree broke off and struck
his vehicle that was parked in the driveway at his residence. Claimant indicates in his claim that the
branch broke off during a rainstorm. Claimant is seeking to recover costs to repair damage to the
vehicle.
DISCUSSION:
An investigation by the Public Works Department does not substantiate liability on the part of the
City. A search of the Maintenance Department's records found that on April 9, 2001, after a
rainstorm, the City received a call regarding a broken tree branch at claimant's residence. West
Coast Arborist responded to the location and removed the branch. The tree at this location is an
Evergreen Pear. This type of tree is on a four-year trim cycle. In keeping with the four-year trim
cycle, this tree was last trimmed in May of 1999. At the owner's request, the tree was scheduled
for removal that normally takes approximately three weeks. Unfortunately, on April 20, 2001,
another storm occurred and the tree split in half striking claimant's vehicle. By claimant's own
admission, the branches fell during a rainstorm. The. weather conditions were an act of nature, and
as such, could not be controlled by the City.
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 in its maintenance of the subject tree
and recommend denial. The City fulfilled its duty by maintaining the tree on a regular trim cycle.
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 Norman L. Rickman, filed on May 16, 2001, be denied and the
claimant be so notified.
Prepared by:
Debbie Dominguez
Safety & Claims Manager
Reviewed & Approved by:
_ O
Erin Patricia Hoppe
Risk Manager