01-22-2002 - Lorraine Ennis VS. City of West CovinaTO:
FROM:
SUBJECT:
SUMMARY:
Andrew G. Pasmant, City Manager
and City Council
Erin Patricia Hoppe
Risk Manager
• City of West Covina
MEMOR"DUM11
GENDA
ITEM NO. C-3a
DATE January 22, 2002
LORRAINE ENNIS VS. CITY OF WEST COVINA
On October 30, 2001, the City Clerk's Office received a claim for personal
injuries relating to a trip and fall accident on a public sidewalk. 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 10, 2001, on the public
sidewalk at. or near the northeast corner of Azusa Avenue and Amar Avenue. The claimant was
walking northbound on Azusa Avenue when she allegedly tripped over an elevated section of
sidewalk. The claimant alleges the City failed to maintain the public sidewalk in a safe manner,
and as a result, she suffered a shoulder dislocation.
DISCUSSION:
An investigation by the Public Works Department does not substantiate liability on the part of the
City. The definition of a dangerous condition is set forth. in Government 1lCode 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 fall., Once the City had knowledge, the
sidewalk was inspected and repaired.
After a review of the investigation in this matter, staff and the City's Clams 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
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 Lorraine Ennis, filed on October 30, 2001, be denied and the
claimant be so notified:
Prepared by: Reviewed & Approved by:
i
e.. Lr
Debbie Dominguez Erin Patricia Hoppe
Safety & Claims Manager. Risk Manager