01-20-2004 - Li Ling vs. City of West CovinaCity of West Covina
` MEMO RAND UM
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. B-2c
DATE January 20, 2004
SUBJECT: LI LING VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the property damage claim of Li Ling filed on
December 3, 2003 be denied and the claimant's attorney be so
notified.
DISCUSSION:
This claim arises from an automobile accident that occurred on June 27, 2003, near the intersection
of Fenmead and Grassmere. The claimant was a passenger in the vehicle being driven by Han Xing
Liang. Claimant alleges that the primary cause of the collision was unsafe backing by the City
vehicle involved. • Claimant is the owner of the vehicle involved in the accident and is seeking to
recover property damage in the amount of $3,896.68. This claim is related to four personal injury
claims that were previously rejected by City Council on December 2, 2003.
Investigation does not substantiate liability on the part of the City. Based on the traffic collision
report and statements of both drivers, the City employee was backing his vehicle within the parking
lane when Mr. Liang's vehicle ran into the back of the City vehicle.
After a review of the investigation in this matter, staff and the City's claims administrator,
VeriClaim, determined the City employee was not the at -fault party in this traffic collision 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:
UeMe uommguez k,)
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia ffoppe /
Risk Manager