01-18-2005 - Casandra Wallace, Lyric London & Demytria London VS. City of West CovinaTO: Andrew G. Pasmant, City Manager
and City Council
FROM: Erin Patricia Hoppe
Risk Manager
City of West Covina
MEMORANDUM
1!
AGENDA
ITEM NO. C-2c
DATE January 18�:�, 2005
SUBJECT: CASANDRA WALLACE, LYRIC LONDON & DEMYTRIA LONDON
VS. CITY OF WEST COVINA
RECOMMENDATION:. It is recommended that the wrongful death claim of Casandra
Wallace, Lyric London and Demytria London be denied -and the
claimants' attorney be so notified.
DISCUSSION:
i
This claim arises from the death' of Eternity Duvall that resulted from a drive -by shooting that
occurred on March 13, 2004. As a result of her death, claimants have suffered the loss of comfort,
society and companionship of decedent, and the loss of economic support. The amount of claim
had not been determined at time of presentation. Claimants are alleging that the West Covina Fire
Department's conduct in treating Ms. Duvall at the incident ' scene and the decision not to transport
her by airship to the nearest emergency room caused her death.
An investigation by the Fire Department does not substantiate liability on the part of the City. On
March 13, 2004, decedent, Eternity Duvall, was the victim of a drive -by shooting and in full'' cardiac
arrest. The West Covina Fire Department responded to this call in a timely manner andi treated
decedent with advance life support, the highest level of care possible at the scene. Weather
conditions prohibited the use of an "airship" for transportation to UCI in Orange County and Queen
of the Valley Hospital "refused" to take decedent. The Fire Department was "ordered" to go to LA
County/USC MedicalCenter by -ground.
After a review of the investigation in this matter, staff and the City's attorney, Roger :;Colvin,
determined the Fire Department's actions were appropriate 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. The amount of claim was undetermined at time of presentation.
Prepared by:
Debbie Dominguez
Safety & Claims Manager