02-04-2003 - CARCO Enterprise, Inc. DBA Dollar Rent A Car VS. City of West Covina•
ty of West Covina
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TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. B-2b
DATE February 4, 2003
SUBJECT: CARCO ENTERPRISE, INC. DBA DOLLAR RENT A CAR
VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the property damage claim of Carco
Enterprise, Inc. dba Dollar Rent A Car be denied and the claimant be
so notified.
DISCUSSION:
This claim arises from allegations that the City failed to properly maintain the roadway thereby
creating a dangerous condition. Dollar Rent A Car claims that one of their rental vehicles sustained
damage to both right side tires and one wheel when the vehicle allegedly struck an uneven section
of pavement with no construction barricade or wanting signs. Claimant is seeking to recover costs
incurred in the amount of $479.95.
Investigation by the Public Works Department does not substantiate liability on the part of the City.
Street resurfacing at this location was being completed by a private contractor. Since the damage is
directly related to the street resurfacing project, the claim has been tendered to the contractor hired
by the City for further handling, per the service agreement.
After a review of the investigation in this matter, staff and the City's claims administrator,
VeriClaim, 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.
FISCAL IMPACT:
Unknown at this time.
Prepared by:
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Debbie Dominguez
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager