CITY COUNCIL AGENDA ITEM
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
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.
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.
No fiscal impact at this time.