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01-21-2003 - Sandra Ramirez VS. City of West Covina• City of West Covina 10WEMORAND UM TO: Andrew G. Pasmant, City Manager and City Council FROM: Erin Patricia Hoppe Risk Manager AGENDA ITEM NO. B-3c DATE January 21, 2003 SUBJECT: SANDRA RANIIREZ VS. CITY OF WEST COVINA RECOMMENDATION: It is recommended that the personal injury claim of Sandra Ramirez be denied and the claimant be so notified. DISCUSSION: This claim arises from a trip and fall accident that occurred on July 23, 2002, on the sidewalk in front of Reynold's Buick at 345 North Citrus. The claimant alleges she sustained contusions and knee abrasions when she tripped over a displaced section of sidewalk. The amount of claim had not been determined at time of presentation. Investigation by the Public Works Department does not substantiate liability on the part of the City. An inspection of the location revealed the displaced sidewalk to be %2 " or less which is considered a "trivial" defect per Government Code Section 830.2. A search of the Maintenance Department's records found that the City had no prior notice or complaints regarding the sidewalk at this location. i After a review . of the investigation in this matter, staff and the City's claims administrator, VeriClaim, 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. FISCAL IMPACT: Unknown at this time. Prepared by: Debbie Dominguez Safety ,�- & Claims Manager Reviewed & Approved by: Erin Patricia Hoppe Risk Manager .