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CITY COUNCIL AGENDA ITEM NO. 32

Meeting Date: December 14, 2004

Subject/Title: Reject claim presented by Valle I. Schmid

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

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

RECOMMENDATION
Reject the claim of Valle I. Schmid presented on October 1, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, and the City Attorney.

PREVIOUS ACTION
None

BACKGROUND
Claimant, Valle I. Schmid, presented a claim in the amount of $4,338.12 for damage to her running board on her 2003 Cadillac Escalade. Claimant states that on August 26, 2004 she was making a U-turn at the intersection of Balfour Rd. and Walnut, when her running board caught a piece of metal that looked like it had been from a broken sign.

The accident happened because the claimant’s vehicle had jumped the curb. There was a reflector sign to warn eastbound motorists of the traffic island. This sign had apparently been broken off leaving only the metal post which protrudes from the ground approximately three inches. The City had no notice that the sign was missing. City crews promptly replaced the pole and sign, and painted the nose of the median yellow. Had the driver not acted negligently by driving her vehicle over the curb, the claimant’s loss would not have occurred. The proximate cause of the action was the driver’s negligence, not the City’s property.

FISCAL IMPACT
No fiscal impact at this time.
 

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