01-17-2006 - Vega, Et Al. (Maria Estela Vega, Kelly Pereira & Luisa Pereira) vs. City of West CovinaCity of West Covina
TO:
[W83 9
SUBJECT:
Andrew G. Pasmant, City Manager
and City Council
MEMORANDUM
AGENDA
ITEM NO. D-2e
Erin Patricia Hoppe DATE January 17, 2006
Risk Manager
VEGA, ET AL. (MARIA ESTELA VEGA, ]KELLY PEREIRA & LUISA
PEREIRA) VS. CITY OF WEST COVINA
RECOMMENDATION:
It is recommended that the personal injury claims of Maria Estela Vega, Kelly Pereira and Luisa
Pereira be denied and the claimants' attorney be so notified.
DISCUSSION:
This claim arises from an automobile accident that occurred on June 23, 2005 at the intersection of
Amar Road and Azusa Avenue. Claimants allege they were seriously injured when their vehicle
was rear -ended by a trash truck. Claimants allege that the driver of the trash truck was traveling at
an unsafe speed for the traffic conditions. Claimants' are seeking damages in an amount exceeding
$50,000.
Investigation does not substantiate liability on the part of the City. A review of the traffic collision
report reveals that the trash truck involved in the accident is owned and operated by Arakelian
Enterprises, Inc. dba Athens Disposal Services. The City of West Covina does not own or control
the trash company and claimants' attorney has been advised to re -direct his claim to Arakelian
Enterprises, Inc.
After a review of the investigation in this matter, staff and the City's claims administrator, Ward
North America, Inc., 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:
Claimants are seeking damages in excess of $50,000.00 which staff is recommending be denied.
Prepared by:
Debbie Dominguez } v
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager