DATE: April 25, 2023
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 a rejection recommendation. 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. 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, Risk Manager, 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)
10623 Valerie Franco
10754 Leo Robinson
10766 Paul Brunner and Colleen Curry
10770 Arturo Santiago Sanchez
10775 Levi Hill
10778 Carlos Reyes and Marisol Elizarraras
10781 Lucia Mireles-Roman
10786 Gloria Sasaki
Summary of Claims
Valerie Franco - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges a hazardous condition of public property led to her and her dog being hit by a car while in a crosswalk on Peach Avenue south of Washington avenue, which was the proximate cause of claimant’s injuries. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 3.
Leo Robinson - Claimant claims $500,000 and alleges there was an uncovered sewer line in the middle of the sidewalk in front of 1153 F street Fresno, California that resulted in a slip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Jeffrey Nadrich. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Paul Brunner and Colleen Curry - Claimants claim in excess of $25,000 (the jurisdictional amount for limited civil cases) and allege a dangerous condition of public property along Copper avenue west of Peach avenue resulted in the claimant being hit by a car while riding in the bicycle lane, which was the proximate cause of the claimant’s injuries. Claimants are represented by attorney Carter Zinn. This incident is alleged to have occurred in District 5.
Arturo Santiago Sanchez - Claimant claims $1,000,000 and alleges a hazardous condition of road resulted in the claimant slipping and falling over a bump while walking in the intersection of 2nd street and Marie street, Mendota, California, which was the proximate cause of the claimant’s injuries. Claimant is represented by law firm Bauman Law. This incident does not involve the County of Fresno because it is alleged to have occurred within the City of Mendota.
Levi Hill - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges they were in a wheelchair on a FAX bus when it was driven in an unsafe manner, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Daniel Geoulla. This incident does not involve the County of Fresno because it is alleged to have occurred on a FAX bus which is the jurisdiction of the City of Fresno.
Carlos Reyes and Marisol Elizarraras - Claimants claim $100,000,000 and allege a County driver stopped in the middle of the road without warning resulting in a 2-car accident, which was the proximate cause of the claimants’ injuries. Claimants are represented by attorney Payam Tishbi. This incident does not involve the County of Fresno because it is alleged to not have involved a County of Fresno employee.
Lucia Mireles-Roman - Claimant claims $1,000,000 and alleges a County employee ran a red light and collided with the claimant’s vehicle, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Mario Caesar Valladares. This incident does not involve the County of Fresno because it is alleged to not have involved a County of Fresno employee.
Gloria Sasaki - Claimant claims in excess of $25,000 (the jurisdictional amount for limited civil cases) and alleges a hazardous condition of sidewalk resulted in the claimant tripping and falling over uneven pavement near 731 S. Carolyn avenue Reedley, California, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Mariam Danielyan. This incident does not involve the County of Fresno because it is alleged to have occurred within the City of Reedley.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions (8)
CAO ANALYST:
Greg Reinke