City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: February 10, 2004

Subject/Title: Reject the claim for defense and indemnity presented by Ryder Homes in the case of Dawn Michelle McDaniels v. Ryder Homes, et al

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Reject the claim for defense and indemnity presented by Ryder Homes in the case of Dawn Michelle McDaniels v. Ryder Homes, et al. – Contra Costa County Superior Court, Case No. C03-00255 as recommended by the City Attorney and the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority (CCMRMIA).

BACKGROUND
On July 23, 2003 the City issued a notice of rejection to Michelle McDaniels for her claim of personal injuries in the amount of $270,000 and tender the claim to Ryder Homes based on the City’s contractual indemnity rights. Ms. McDaniels filed a claim with the City on December 20, 2003 that alleges on July 12, 2002 she tripped and fell in front of 146 Treadwell Court, between the sidewalk, gutter and street on a raised portion of the gutter where it met unfinished pavement.

Litigation has been filed against the builder, Ryder Homes. The City is not named in the suit. The City Attorney Beougher received a letter dated December 1, 2003, from the attorney representing Ryder Homes tendering the defense and indemnity of the suit to the City. Mr. Beougher responded tendering the claim back to Ryder Homes based on a contractual indemnity clause stated in the Subdivision Improvement Agreement between the City and Ryder Homes. The improvements which are subject to the litigation have not yet been accepted by the City.

FISCAL IMPACT
No fiscal impact at this time.
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov