The latest indication that our streets, roads and avenues are not being adequately maintained by the City of Carmel-by-the-Sea. With a $12 million annual budget and nearly $10 million in reserves, there is no excuse for the poor condition of our transportation infrastructure.
City Council Agenda
Regular Meeting
January 9, 2007
VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent for discussion and action.
I. Deny and Refer Claim for Damages – Lisa Michelle Parker.
Meeting Date: January 9, 2007
Prepared by: Jane Miller, Human Resources Manager
City Council
Agenda Item Summary
Name: Deny and Refer Claim for Damages – Lisa Michelle Parker
Description: On November 28, 2006, Michele Kennedy, attorney for Lisa Michelle Parker, submitted a claim on behalf of her client, alleging injury and damages in connection with a bicycle accident on a city street.
Pursuant to City Policy C95-01, claims against the City, which exceed $50,000, are presented to the City Council for consideration and action.
City Funds: Amount claimed: “Unlimited”
Staff Recommendation: Deny the claim and refer to the City’s insurance carrier.
Important Considerations: Once a claim has been filed for damages against the City of Carmel-by-the-Sea, the City has 45 days to take an action. The City’s insurance carrier, St. Paul Travelers, will further review the claim.
Decision Record: None previous
Reviewed by:
______________________________ ___________________
Rich Guillen, City Administrator Date
CLAIM AGAINST CITY OF CARMEL
TO: CITY OF CARMEL
PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE, SECTION 910, et seq. YOU ARE HEREBY NOTIFIED THAT LISA MICHELLE PARKER MAKES A CLAIM AGAINST THE CITY OF CARMEL FOR DAMAGES AND MAKES THE FOLLOWING STATEMENTS IN SUPPORT OF THE CLAIM:
1. The name and post office address of the Claimant is:
Lisa Michelle Parker
3340 Rio Road
Carmel, CA. 93921
2. Claimant requires notices concerning the claim to be sent to:
Michele C. Kennedy, Bar No. 103731
Spiering, Swartz & Kennedy
350 Hartnell Street, Suite A-1
Monterey, CA. 93940
Ph: (831) 373-323
Fax: (831) 373-8211
3. The date, place and circumstances of the occurrence giving rise to this claim is:
On July 3, 2006, at approximately 10:00 a.m. Lisa Michelle Parker, was riding her bicycle, on 10th Avenue in the area of Carmelo and Camino Real Avenue. The front tire of her bicycle caught in a hole in the road, throwing her forward over the handlebars and onto the road.
AT ALL TIMES HEREIN,
CITY OF CARMEL had ownership, an easement, authority, management, control and/or possession of the property where the incident occurred.
CITY OF CARMEL had a duty to plan, design, construct, maintain, inspect, supervise, review, and repair the property where the incident occurred so that it was safe and in compliance with all applicable laws and regulation. This duty included causing others to perform said work so that the property was in a safe condition and in compliance with all applicable laws and regulations.
CITY OF CARMEL had actual notice and/or constructive notice of the dangerous condition of the property where the incident occurred.
CITY OF CARMEL had a duty to warn all foreseeable users of said property of any dangerous conditions on the property such as those conditions that existed at the time of this incident.
CITY OF CARMEL created said condition, failed and/or refused to plan, design, construct, maintain, inspect, supervise, review and/or repair, the property where the incident occurred so that it would be safe and comply with all applicable laws and regulations. CITY OF CARMEL also failed and/or refused to warn the foreseeable users of the dangerous condition of said property.
AT ALL TIMES HEREIN, CITY OF CARMEL, through its agents, employees and/or contractors, breeched its duties, acted negligently, and/or acted or failed to act, in violation of applicable statutes, ordinances, regulations, specifications, and/or laws [collectively referred to as “laws”] of the CARMEL, State of California, United States.
The acts, or failures to act, by the CITY OF CARMEL, through its agents, employees pr contractors, constituted negligence and negligence per se. among other causes of action.
4. General description of indebtedness, obligation, expense, injury, damage or loss incurred due to the alleged occurrence or incident, so far as may be known at this time:
Ms. Parker suffered an closed head injury/post concussion syndrome, neck, left shoulder and back injury, fractured right hand, among other injuries.
5. The name or names of public employees causing injury, damage or loss if known:
Unknown.
6. Amount claimed: This is an unlimited case.
Respectfully submitted,
Dated 27 November 2006 SPIERING, SWARTZ & KENNEDY
MICHELE C. KENNEDY,Attorney for Claimant, Lisa Michelle Parker
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