01-21-2003 - Richard Weatherly VS. City of West CovinaCity of West Covina
TYIEMO RAND UM
TO: Andrew G. Pasmant, City Manager
and City Coluncil
FROM: Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. B-3a
DATE January 21, 2003
SUBJECT: RICHARD'i WEATHERLY
VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the claim for monetary loss filed by Richard
Weatherly be denied and the claimant be so notified.
DISCUSSION:
This claim arises from allegations that the City failed to properly maintain a City owned tree located
at 908 South Sunkist Avenue. The claimant alleges that a branch from the tree broke off and struck
him in the face. Claimant seeks to recover costs he incurred in the amount of $375 to have the tree
trimmed.
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 no listing of a City tree at this
location. An inspection of the property revealed a private tree located outside the City's easement.
The private tree has never been trimmed or maintained by the City.
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