DATE: October 8, 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.
Claims
Claim No.: Claimant(s)
11213 Mario Gaspar Jimenez and Jesus Jimenez Jimon
11215 Reynaldo Galvan Jr
11218 Elisa Wheeler
11223 Rudy Scaife
11228 Asia Brown
11230 Laura Mosqueda
11231 Louise Laird
11239 Margarita Valdez-Betancur
11242 Alfred Delsid
Summary of Claims
Mario Gaspar Jimenez and Jesus Jimenez Jimon - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and they allege that poor maintenance of trees near Mill Run Lane resulted in claimant Jesus Jimenez Jimon’s vehicle to be struck by a falling tree, which was the proximate cause of the claimant’s injuries. Claimant Mario Gaspar Jimenez was a passenger in the vehicle and alleges he sustained bodily injuries. Claimants are represented by attorney Andrew Gillin. This incident does not involve the County of Fresno because it is alleged to have occurred in the jurisdiction of a private condominium subdivision.
Reynaldo Galvan Jr - Claimant claims $500,000 and alleges a hazardous condition of a sidewalk near Sunnyside Avenue, Clovis, CA resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Alexander Silva. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Clovis.
Elisa Wheeler - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges Fresno Sheriff Department published false statements about an incident involving claimant and her family, which was the proximate cause of the claimant’s injuries. Claimant is not represented by an attorney. This incident is alleged to have occurred in District 5.
Rudy Scaife - Claimant claims $100,000,000 and alleges they fell into an exposed unmarked hole near 510 Park Boulevard and 557 5th Street, Orange Cove, CA 93646, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Jazmine Gomez. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Orange Cove.
Asia Brown - Claimant claims $500,000 and alleges a hazardous condition of a sidewalk at or near 1180 E. Shaw Avenue #101, Fresno, CA 93710 resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by Lori Komshian. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Fresno.
Laura Mosqueda - Claimant claims $2,000,000 and alleges a hazardous condition of the road at or near 1344 G Street, Reedley, CA 93654 resulted in a slip and fall as she exited her vehicle, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Sharona Eslmaboly Hakim. This incident does not involve the County of Fresno because it is alleged to have occurred in the City of Reedley.
Louise Laird - Claimant claims $100,000,000 and alleges she was dropped from an ambulance stretcher due to paramedics improperly strapping her to it, which was the proximate cause of the claimants’ injuries. Claimant is represented by attorney Jazmine Gomez. This incident does not involve the County of Fresno because the County does not employ paramedics.
Margarita Valdez-Betancur - Claimant claims $10,000,000 and alleges a hazardous condition of a floor in the cafeteria of the Community Regional Medical Center resulted in a slip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Eric Sapir. This incident does not involve the County of Fresno because the County does not own or operate Community Regional Medical Center.
Alfred Delsid - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a driver of a Consolidated Mosquito Abatement District vehicle struck the claimant’s vehicle at or near 4650 N. 1st Street, Fresno CA 93726, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Nicole Newman. This incident does not involve the County of Fresno because the County does not own or operate Consolidated Mosquito Abatement District.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions Rejecting Claims for Damages (9)
CAO ANALYST:
Salvador Espino