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<br />'~E'~-~PO---::'~".R" '::'1 <br />:n...-.".:':. .'~."...:_.. ..-'.". <br /> <br />6.4B <br />Page 1 <br /> <br />To t~ Hwllrai>fe: ~; limO. City CdUtml <br />~ .. .. .... <br />fmM tm;JJ1~ ~nag~: <br /> <br />January 14, 2008 <br /> <br />SUBJECT <br />Claim from Attorney James V. Lee on Behalf of Deborah Jo Iverson <br /> <br />RECOMMENDATION <br />Reject subject claim by operation of law. <br /> <br />BACKGROUND <br />This claim is being brought to the Council because if this claim results in a monetary <br />settlement, the settlement could exceed $15,000. According to resolution no. 14595, if an <br />amount to be paid for a general liability claim exceeds $15,000, any denial, allowance, <br />allowance in part, settlement, or compromise must be approved by Council. <br /> <br />On April 23, 2007, claimant was struck by a car driven by Raymond Herrera while crossing <br />at the intersection of Woodside Road and Orchard Avenue in Redwood City sustaining <br />severe injuries. The police report lists Mr. Herrera as the primary collision factor, being in <br />violation of Vehicle Code 921950(a). The claimant's attorney, however, alleges that the <br />intersection constitutes a dangerous condition to pedestrians attempting to cross. <br /> <br />Although this loss occurred on Woodside Road, which is a state highway, there is still a <br />chance of involvement by the City of Redwood City. Due to the large medical expenses <br />incurred by the claimant, the City's ultimate cost could exceed $15,000 should the City be <br />found to have had even a minor contribution to the injuries and losses sustained by Ms. <br />Iverson. <br /> <br />It has been recommended by the City's claims adjustor, George Hills Company, that this <br />claim be denied. <br /> <br />Al TERNA T1VES <br />If this claim is not rejected by operation of law, the statute of limitations for the claimant to <br />file a court action on the claim is extended from six months to two years, thereby placing <br />the City in a more difficult position in defending this matter. <br /> <br />FISCAL IMPACT <br />The rejection of this claim by operation of law has no direct fiscal impact. However, should <br />the claimant elect to affect litigation to this incident, we have no basis at this time with <br />which to estimate the legal expenses or a settlement, should such estimates ultimately be <br /> <br />reqUi~~ <br /> <br />Brian Panty <br />Director of Finance and Financial Planning <br /> <br />Peter Ingram ~/ <br /> <br />Interim City Manager <br /> <br />AlTACHMENTS <br />None <br /> <br />RELATED DOCUMENTS IN CITY CLERK'S OFFICE <br />None <br />