CITY COUNCIL AGENDA ITEM
Meeting Date: September 14, 2004
Subject/Title: Reject claim presented by Joseph David
Prepared by: Karen Diaz, City Clerk/Director of Administrative Services
Submitted by: Karen Diaz, City Clerk/Director of Administrative Services
Reject the claim of Joseph David presented on May 24, 2004 as recommended by
the City’s third party adjuster, Contra Costa County Municipal Risk
Management Insurance Authority (CCCMRMIA), and the City Attorney.
Claimant, Joseph David, presented a claim in the amount of $9,400.00 for
motorcycle damage, riding gear, hospital bills, wage loss, and pain and
suffering. Claimant states that on April 30, 2004, loose gravel located on
the Sand Creek Rd. and Minnesota Ave. intersection caused his rear tire to
slide out and collide with the east curb. According the police report the
claimant was in violation of 22350 of the Vehicle Code, Basic Speed Law.
CCMRMIA has tendered this claim to Ponderosa Homes, Inc. Ponderosa Homes
hired Graham Company to conduct the slurry seal on April 30, 2004 pursuant
to a City encroachment permit. The City’s encroachment requires that the
City be defended and held harmless from any claim or lawsuit resulting from
No fiscal impact at this time.