AgdaPkt 2008-03-10 - Laserfiche WebLink

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6.48 Page 1 March 10,2008 SUBJECT Claim from Attorney Richard B. Vaught, Law Offices of Arnold Laub, on Behalf of Michelle Vega Flores RECOMMENDATION Reject subject claim. BACKGROUND This claim is being brought to the Council because if this claim results in a monetary settlement, the settlement could exceed $15,000. According to resolution no. 14595, if an amount to be paid for a general liability claim exceeds $15,OOO~ any denial, allowance, allowance in part, settlement, or compromise must be approved by Council. On August 7, 2007, claimant Michelle Vega Flores, age three years, was riding her bicycle across the Stambaugh foot bridge which crosses State Highway 84, aka Woodside Road. She fell through the safety fence, landing on the ground below, and sustained severe injuries. Claimant's attorney alleQes that the Stambaugh foot bridge had come into a state of disrepair and that the City of Redwood City knew or should have known of the dangerous condition it presented. Due to the uncertain role the City may have played in causing these injuries and whether the amount being claimed is representative of the injuries sustained, outside legal counsel recommends that this claim be denied. AL TERNA TIVES If this claim is not rejected, the statute of limitations for the claimant to file a court action on the claim is extended from six months to two years, thereby placing the City in a more difficult position in defending this matter. FISCAl IMPACT The rejection of this claim has no direct fiscal impact. However, should the claimant elect to affect litigation to this incident, staff has no basis at this time on which to estimate the legal expenses or a settlement. J3?1~ Brian Ponty Director of Finance and Financial Planning ~U-~ ~ Vekr-~rtbN\ eter Ingram Interim City Manager ATTACIiMENTS None RELATED DOCUMENTS IN CITY CLERK'S OFFICE None