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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: January 13, 2004

Subject/Title: Reject the claim presented Rosia Carter

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

Approved by: John Stevenson, City Manager

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

BACKGROUND
Claimant, Rosia Carter, presented a claim in an unspecified amount for injuries she sustained on July 12, 2003 at 7:30 to 8:00 (unclear if morning or evening) at Highway 4 and Applewood in Brentwood. The claimant alleges she fell as a result of pavement which was uneven. She indicates the person responsible is CalTrans. It is unclear exactly where she fell.

Ms. Carter was issued a Notice of Insufficient Claim on September 4, 2003, and to this date she has not excised her right to file an amended claim. Rejection of this claim starts the running of the six-month time period for filing a lawsuit. Should the claim be pursed after rejection, it will be tendered to Top Grade Construction, as the area in question was under construction by this company at the time of the alleged incident.

FISCAL IMPACT
No fiscal impact at this time.
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov