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 CITY COUNCIL AGENDA ITEM NO. 02



Meeting Date: February 11, 2003

Subject/Title: Reject claim presented by Joy Burge.

Submitted by: Karen Diaz, City Clerk/Administrative Services Director

Approved by: John Stevenson, City Manager


RECOMMENDATION
Reject claim presented by Joy Burge as recommended by the by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.

PREVIOUS ACTION
None

BACKGROUND
On August 2, 2002, the claimant alleges that while walking towards the Bank of Agriculture, she tripped on an uneven sidewalk joint. The claimant allegedly sustained bruises to her knees, both hands, her ribs, her right shoulder and her right cheekbone. She broke her right little finger, right hand bone and chipped the bone above her right thumb. 

It has been confirmed that the area where Ms. Burge tripped was elevated less than one-quarter inch. A raised sidewalk of one-quarter inch or less has been judicially determined to be a trivial defect of public property. It thus does not appear that the loss was the result of any “dangerous condition” of public property. A “Dangerous condition” is defined as: “A condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used.” The fact that an accident can happen does not create liability for the City.

Since it has been determined that the accident was not the result of any dangerous condition of public property, the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney are recommending the claim be rejected.

FISCAL IMPACT
None
City Administration
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