01-18-2005 - Mercury Insurance VS. City of West Covina•r _
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• • City of West Covina
MEMORANDUM
TO: Andrew G. Pasmant, City Manager A GENDA
and City Council
ITEM NO. c-lb
FROM: Erin Patricia Hoppe
Risk Manager DATE_ January 18, 2005
SUBJECT: MERCURY INSURANCE VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the personal injury and property damage
claim of Mercury Insurance filed on behalf of their insured Virginia
Flores 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. Mercury Insurance alleges that their insured, Virginia Flores,
suffered unspecified injuries and her vehicle sustained moderate damage when she struck an
uncovered manhole in the roadway with no barricades or warning signs. Mercury Insurance is
seeking to recover damages in the amount of $1,063.32.
Investigation by the Public Works Department does not substantiate liability on the part of the City.
This accident occurred on Amar Road just east of Shadow Oak Drive. Although the accident was
not witnessed, a West Covina police officer stopped to assist Ms. Flores and observed the
uncovered manhole. The officer called dispatch and a City crew immediately responded to the
location and replaced the manhole cover. It is unknown how the manhole cover weighing
approximately 100 pounds was removed. There were no City crews working in the area. The City
had no prior complaints or notice of the uncovered manhole.
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:
Claimant is seeking damages in the amount of $1,063.32 which staff is recommending be denied.
Prepared by:
Debbie Dominguez
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager