DATE: May 21, 2024
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: Resolutions Rejecting Claims for Damages
RECOMMENDED ACTION(S):
TITLE
Adopt Resolutions Rejecting Claims for Damages
REPORT
There is no increase in Net County Cost associated with the recommended actions. After evaluation by the Claims Review Committee, submitted claims are presented to the Board with recommendations for action. If the claim is in the County’s jurisdiction, the Summary of Claims denotes the affected supervisorial district.
ALTERNATIVE ACTION:
For any claim, your Board could choose not to approve the Claims Review Committee’s recommendations, and instead direct staff to allow, compromise, settle, or further investigate the claim.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. Payment of claims and the cost of defending claims are charged to the Department’s Org 8925, Risk Management Internal Services Fund. The Fund is supported by annual budgetary contributions from County departments based on actuarial projections.
DISCUSSION:
The Board has delegated authority to the Human Resources Director to allow, reject, compromise, or settle claims for damages covered by the County’s self-insured program or excess liability insurance in amounts up to $50,000 pursuant to Chapter 5.02 of the County’s Ordinance Code. Similarly, the board has delegated authority to the County Administrative Officer to settle or compromise claims up to the same amount. Claims exceeding that amount are referred to your Board after evaluation by the Claims Review Committee (CRC). The CRC considers various claim elements, which include jurisdiction, allocation of fault, immunities, and compliance with the Government Claims Act by claimants. The CRC consists of the Human Resources Director, Assistant Director of Human Resources, Risk Management staff, and a Chief Deputy County Counsel.
For all claims, a reserve is established, which is estimated by Risk Management to be sufficient to pay the cost of investigating and defending the claim, and to pay any damages for which the County is liable.
After evaluation by the CRC, claims exceeding the authority of the Human Resources Director and the County Administrative Officer are presented to the Board with a recommendation for action on each claim. Upon rejection of a claim, the claimant has six months to file a lawsuit against the County for damages based on the claim.
The CRC has reviewed the claims that are summarized briefly below, and rejection is recommended for each claim.
Claim No.: Claimant(s)
10860 CA Freight Express and Brian Willingham
11002 Henry and Pier Vanderhoek
11042 William Thornhill
11068 Deborah Loman
11069 Patrick Ryan
11071 Veronica Flores Estupian and 2 Minors
11076 Ariana Alvarez
11079 Ramona Morales
11088 Jennifer and Michael Fernandez
11093 Charlene Petroff
11096 Larisa Brice
11100 George Cole
Summary of Claims
CA Freight Express and Brian Willingham - Claimants both claim in excess of $35,000 (the jurisdictional amount for limited civil cases) for injuries resulting from a two-vehicle accident, involving the claimants in one vehicle and a third party in another, at the intersection of De Wolf and North avenues, Fresno, CA. The accident resulted in the death of the party in the other vehicle. Claimants have been sued by the children of the decedent, and the claimants now seek to shift some or all of their liability to the County on the ground that decreased visibility created a dangerous condition at the intersection. Claimants are represented by attorney Michele Messenger. This incident is alleged to have occurred in District 4.
Henry and Pier Vanderhoek - Claimants both claim in excess of $35,000 (the jurisdictional amount for limited civil cases) for injuries resulting from a two-vehicle accident, involving the claimants in one vehicle and third parties in another, at the intersection of SR 145 and Clarkson Avenue, Five Points, CA. The accident resulted in injuries to the third parties in the other vehicle. Claimants have been sued by the third parties for injuries resulting from the accident, and claimants now seek to shift some or all of their liability to the County on the ground that overgrown vegetation led to decreased visibility creating a dangerous condition at the intersection. Claimants are represented by attorney Heidi Adams. This incident does not involve the County of Fresno because it occurred in Caltrans jurisdiction.
William Thornhill - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges that while working at the downtown Courthouse the soil and groundwater below the building contained high levels of Benzene and posed a risk to the claimant, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Warren Paboojian. This incident is alleged to have occurred in District 3.
Deborah Loman - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges the crumbling asphalt on S. Buttonwillow Avenue near Goodfellow Avenue, Reedley, CA, gave way while claimant was standing on it resulting in a fall, which was the proximate cause of the claimant’s injuries. Claimants is represented by attorney Corina Burchfield. This incident is alleged to have occurred in District 4.
Patrick Ryan - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges there were malfunctioning traffic lights at the intersection of N. Cedar and E. McKinley avenues, Fresno, CA, resulting in a multi vehicle accident, which was the proximate cause of the claimant’s injuries. Claimants are represented by attorney Daniel Infuso. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Veronica Flores Estupian and 2 Minors- Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and they allege no traffic controls were put in place at the intersection of Palm and Belmont avenues, Fresno, CA resulting in a two-vehicle accident, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Joshua Zokaeem. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Ariana Alvarez - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a lack of stop signs at the intersection of N. Manuyama and W. Whitman avenues resulted in a two-vehicle accident, which was the proximate cause of the claimant’s injuries. Claimants are represented by attorney Daniel Infuso. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Ramona Morales - Claimant claims $250,000 and alleges a hazardous condition of sidewalk resulted in a trip and fall at or near the Shinzen Friendship Garden, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Scott Kalkin. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Jennifer and Michael Fernandez - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and they allege their vehicle was hit by a Probation Officer driving at a high rate of speed in the intersection of Fairmont and DeWolf avenues, Clovis, CA, which was the proximate cause of the claimant’s injuries. Claimants are represented by attorney Shanna Hesketh. This incident is alleged to have occurred in District 5.
Charlene Petroff - Claimant claims in excess of $500,000 and alleges a City of Selma police officer struck the claimant while they were in the crosswalk, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Nicholas Wagner. This incident does not involve the County of Fresno because it is alleged to have involved the City of Selma Police Department.
Larisa Brice - Claimant claims $100,000,000 and alleges they were a passenger on a bus when the bus driver braked without warning, which was the proximate cause of the claimant’s injuries. Claimant is represented by law firm Downtown LA Law Group. This incident does not involve the County of Fresno because it is alleged to have involved a bus and the County does not operate any buses.
George Cole - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a hazardous condition of sidewalk near 2590 S. Cherry Avenue, Fresno, CA resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Adam Kirakosyan. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions (12)
CAO ANALYST:
Salvador Espino