01-17-2006 - Maria Dominguez vs. City of West CovinaiCity of West Covina
MEMORANDUM
TO:
FROM:
SUBJECT:
Andrew G. Pasmant, City Manager
and City Council
Erin Patricia Hoppe
Risk Manager
AGENDA
ITEM NO. D-2a
DATE January 17, 2006
MARIA DOMINGUEZ VS. CITY OF WEST COVINA
RECOMMENDATION:
It is recommended that the personal injury and property damage claim of Maria Dominguez be
denied and the claimant's attorney be so notified.
DISCUSSION:
This claim arises from an automobile accident that occurred on July 11, 2005, on Seventh Street in
Pomona. The claimant alleges that while she was sitting in her parked vehicle, she was rear -ended
by a vehicle driven by a City of West Covina police officer. As a result of the accident, claimant is
alleging personal injuries and property damage in the amount of $12,000.
Investigation does substantiate liability. However, based on the traffic collision report taken at the
scene by a Pomona police officer and statements of both drivers, the police vehicle barely bumped
claimant's vehicle while he was attempting to parallel park his vehicle on Seventh Street adjacent to
the Pomona Court. The only visible damage to claimant's vehicle was scratch marks on the
bumper from contact with the screws holding the license plate on the City vehicle. To date,
claimant's attorney has failed to provide the City with any repair estimates or medical reports to
substantiate the damages as claimed. In addition, at the time of the accident, claimant indicated she
was not injured.
After a review of the investigation in this matter, staff and the City's claims administrator, Ward
North America, Inc., determined the damages to be excessive 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 $12,000.00 which staff is recommending be denied.
Prepared by:
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Debbie Dotnhiguez �
Safety & Claims Manager
Reviewed & Approved by:
Erin Patricia Hoppe
Risk Manager