DATE: September 10, 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)
11042 Glenna Orndoff, Ruth Hill, Gloria Litman, Thomas Gattie Jr., Deborah Lucas, Susan Lauria, Tamara Lauria and Katie Everitt
11192 Antonia Perez
11194 Tyler Anderson and Christopher Anderson
11199 Timothy Downum
11203 Paola Spillman
11210 Ja ‘Sane Twinn
11211 Mark Patterson
Summary of Claims
Glenna Orndoff, Ruth Hill, Gloria Litman, Thomas Gattie Jr., Deborah Lucas, Susan Lauria, Tamara Lauria and Katie Everitt - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and allege while they worked at the downtown Courthouse the soil and groundwater below the building contained high levels of Benzene and posed a risk to each claimant, which was the proximate cause of the claimants’ injuries. Claimant Susan Lauria, Tamara Lauria and Katie Everitt allege wrongful death damages due to the alleged injury to their husband and father, Anthony Lauria, who worked at the Courthouse. Claimants are represented by attorney Warren Paboojian. This incident is alleged to have occurred in District 3.
Antonia Perez - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a Sheriff deputy was in a vehicle pursuit when the third party ran a red light and struck the vehicle of claimant’s husband, Juan Manuel Jaramillo Ahumada. This incident allegedly led to his death, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Michael Silva. This incident is alleged to have occurred in District 3.
Tyler Anderson and Christopher Anderson - Claimants each claim in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges Sheriff’s coroner inaccurately represented facts in their report and misidentified the body of claimant Tyler Anderson, which was the proximate cause of the claimants’ injuries. Claimant Christopher Anderson alleges personal pain and suffering due to the alleged misidentification to claimant Tyler Anderson, who is his son. Claimants are not represented by an attorney. This incident is alleged to have occurred in District 2.
Timothy Downum - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a hazardous condition of a sidewalk at or near 6215 N. Teilman Avenue, Fresno, CA 93711 resulted in a trip and fall, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Paul Pimentel. This incident is alleged to have occurred in District 2.
Paola Spillman - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges while riding on a bus, the driver was operating the bus in an unsafe manner and abruptly applied the brakes, 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 the County does not own or operate buses.
Ja ‘Sane Twinn - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges they were a passenger on a Central Unified School District’s bus when it was involved in a collision with another vehicle, 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 involved Central Unified School District.
Mark Patterson - Claimant claims in excess of $35,000 (the jurisdictional amount for limited civil cases) and alleges a hazardous condition was created with the rerouting of N. Golden State Blvd and claimant Mark Patterson was struck by a vehicle, which was the proximate cause of the claimant’s injuries. Claimant is represented by attorney Brian Forsythe. 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 Rejecting Claims for Damages (7)
CAO ANALYST:
Salvador Espino