01-18-2005 - Virginia Flores VS. City of West Covina• • City of West Covina
MEMORANDUM
TO: Andrew G. Pasmant, City Manager A GENDA
and City Council
FROM: Erin Patricia Hoppe
ITEM NO. C-2a
Risk Manager
DATE January 18, 2005
SUBJECT: VIRGINIA FLORES VS. CITY OF WEST COVINA
RECOMMENDATION: It is recommended that the personal injury and property damage
claim of 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. Claimant, Virginia Flores, alleges she suffered unspecified injuries
and her vehicle sustained moderate damage when she struck an uncovered manhole in the roadway
with no barricades or warning signs. Ms. Flores is seeking to recover damages in the amount of
$5,864.88. This amount includes $864.88 to cover her out of pocket expenses for car rental and
insurance deductible, as well as $5,000 for emotional distress.
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 $5,864.88' which staff is recommending be denied.
Prepared by:
1 c ILL: U'n
Debbie Dominguez J
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager