01-20-2004 - Shawn Ellis vs. City of West CovinaCity of West Covina
MEMORANDUM
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. B-2f
DATE January 20, 2004
SUBJECT: SHAWN ELLIS VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the property damage claim of Shawn Ellis 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. Claimant alleges his vehicle sustained wheel damage when the
vehicle allegedly struck a pothole in the roadway with no barricades or warning signs. Claimant is
seeking to recover costs in the amount of $400 to replace the damaged 20" rim.
Investigation by the Public Works Department does not substantiate liability on the part of the City.
This accident occurred in the 2300 block of North Garvey Avenue. Claimant called the City on
October 31, 2003, to report the pothole and damage to his vehicle. A City crew immediately
responded to the location and filled the pothole with an asphalt cold mix and leveled.
This claim should be denied for two reasons. First and primary, claimant admittedly struck the
pothole on October 26, 2003, but did not call and report it to the City. On October 31, 2003, after
striking the pothole for a second time resulting in damage to his rim, claimant called the City to
report the pothole. Second, a search of the Maintenance Department's records. found that the City
had no prior notice or complaints regarding potholes at this location.
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:
Debbie Dominguez jI
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager