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HomeMy WebLinkAboutItem 4.5 Claim DaleSpencer 84-9 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 24, 1985 SUBJECT : Claim Of Dale Eugene Spencer Submitted June 11, 1985 EXHIBITS ATTACHED : Claim against the City of Dublin Traffic Collision Report #85/D-1138 RECOMMENDATION~ ~k~. ' Deny the claim and notify the City's Broker and the Claimant Insurance FINANCIAL STATEMENT: Amount of damages claimed: $3,000,000 DESCRIPTION : The City of Dublin received a claim submitted on behalf of Dale Eugene Spencer, 116 Madora Place, San Ramon, on June 11, 1985. The claim is submitted as a result of injuries sustained in a bicycle accident on May 20, 1985. The claim contends that a dangerous condition existed on Village Parkway at Tamarack Drive, as a result of a trench dug in the street. It appears that the trench was part of the Village Parkway Wall Landscaping Project. This project was being constructed by an independent contractor, MCE Cor oratio . Staff has reviewed the agreement between the City and th on rac or nd will advise the City's insurance carrier of the liability clause in the agreement and evidence of insurance. Staff recommends that the City Council deny the claim and direct Staff to notify the City's Insurance Broker and the claimant. COPIES TO: Dale Eugene Spencer '5 c/o Law Offices of Richard D. Blakewell ITEM NO. 43 Panoramic Way Walnut Creek, CA 94595 Ben R. Fernadez, Cooper McKenzie & Murphy 84-9 1 2 3 4 5 6 7 8 10 !1 12 13 14 15 16 17 18 19 2.'-: 21 22 23 24 25 26 27 28 Richard D. Blakewell Law Offices of Richard D. Blakewell 43 Panoramic Way Walnut Creek, California 94595 Attorney for Claimant Dale Eugene Spencer RECEIVED JUN 1 1 1985 In the Matter of the Claim of DALE EUGENE SPENCER, Claimant. CLAIM AGAINST: City of Dublin (Government Code ~910) The above-named Claimant, acting by and through his attorney, Richard D. Blakewell of the Law Offices of Richard D. Blakewell, hereby makes the following claim against the City of Dublin: NAME AND ADDRESS OF CLAIMANT: Dale Eugene Spencer c/o Law Offices of Richard D. Blakewell 43 Panoramic Way Walnut Creek, California 94595 2. ADDRESS TO WHICH NOTICES ARE TO BE SENT: Richard D. Blakewell Law offices of Richard D. Blakewell 43 Panoramic Way Walnut Creek, California 94595 3. DATE OF OCCURRENCE: May 20th, 1985 o PLACE OF OCCURENCE: The intersection of Village Parkway and Tamarack Drive, City of Dublin CIRCUMSTANCES OF OCCURRENCE: An unguarded, unwarned, dangerous condition of public property existed at said intersection because a trench had been dug in the bicycle lane on village Parkway which .proximately cause Mr. Spencer's face to be hurled to the pavement with his bicycle on top of him when he encountere said dangerous and unwarned condition of public property. Discovery continuing. 1 2 3 4 5 6 7 8 9 10 DATED: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS INCURRED: Multiple injuries, including loss of three teeth, facial scarring, multiple injuries to face and head and other parts of body. Medical expenses past and future; wage loss; loss of earnings capacity; disfigurement; pain and suffering (discovery continuing)· 7. NAMES OF PUBLIC EMPLOYEES KNOWN TO CAUSE THIS INJURY, DAMAGE OR LOSS INCURRED: Unknown at the present. Discovery continuing. 8. DAMAGES CLAIMED: $3,000,000 RICHARD D. BLAKEWELL Attorney for Claimant STATE OF CALIFORNIA TRAFFIC COLLISION REPORT 0 [] A ameda Dubl in 70 , /5 1201~1 V age Par~way ] ' ' ' Tamarack Drive Dale Eugene SPENCER 1]6 Hadora Place San gamon, California 94583 VITAS - 10 speed Bicycle 0100 665 S/B Village Parkway o. LY [] ..... [] ........ [] ..... i Front forks bent .^~.(,l/.oo,,(,)~co.o.(.) .,..~]. ,,o.(i CliP 555-P~ge 1 (Rev 5-84) OPI 042 [] ....... [] ...... [] ..... TRAFFIC-COLLISION CODING PROPERTY DAMAGE 665 VIOLATION(S) CHARGED D.C. Nau, CHP 555-Pa(je 2 IRe¥ 5-84) OPI 042 22450 CVC PHYSICAL DESCRIPTION OF PARTY 665 85D-1138 7302 Larkdale, Dublin, CA -[] I [] I I I [] Dale Eugene SPENCER 116 Madora Place~ San Ramon~ CA []1 [] I I I [] I 828-3557 Valley Memorial Hospital I [] I[]1 [] I[]1 [] I[]1 []1 [] I I I [] I I [] i[]I [] IE~I [] Ir~l ~ t [] I I I [] I [] I [] [] I [] I I I [] I [] I NAMI [] I [] I[]1 [] I~1 [] I[]1 []l c~ I I I [] I [] I [] I [] tr~l [] I[]i [] I[]1 ~.J;~ ~.5~-Page 3 (Rev 887) OPI 042 FACTUAL DIAGRAM 3,, 4,, 8., CHP 555-Page 4 (Rev 8-81) OPI 042 ~AR RATIVE/SUPPLEM ENTAL ........ . [] ....~...m,~ D~-~in Alameda Livermore I Dublin 70 village Parkway at Tamarack Dr~ve FACTS: At about 1513 hrs. on May 20, ~1985, I received a detail via radio of a bicycle accident at the intersection of Village Farkway at Tamarack Drive in Dublin. Radio advised ,. me that ALCO Fire was enroute also. I arrived at approximately 1515 hrs. SCENE: Village Parkway at Tamarack Drive is a busy intersection controlled by stop signs ,.. at all four corners. There is a 7' wide bike lane on both sides of Village Parkway which runs north/south. T~marack Drive is a east/west, one lane each direction, residential street. There is construction work occurring on Village Parkway on the west side of the roadway and sidewalk area. Village Farkway is a two-lane, each direction, roadway with ,o. left-hand turn lanes at the intersection of Tamarack Drive. (See diagram for further detail~ ,. of scene.) ,~. VEHICLES: A blue Vitas lO-speed bicycle was parked on the ~idewalk corner of Village Parkway at Tamarack Drive at the northwest corner. A construction vehicle was parked in ,.. the bike lane on Village parkway facing southbound approximately 20' from the crosswalk line at the northwest corner of Village Parkway and Tamarack.-Another construction ,,. vehicle was parked in the bike lane southbound on the southwest corner of Village Parkway. ,,. Two red warnin9 pylons were at the rear of this vehicle, near the end of the 125' long ,,. rut which was dug for construction purposes (see diagram). ~1. DRIVER: The driver of the lO-speed was located lylng on the grass of the residence on the northwest corner of Village Park:ray and Tamarack Drive. He identified himself as Dale -- SPENCER and ~as conversing with ALCO Fire emergency attendants about his injuries. I observed SPENCER to be bleeding from the mouth and from multlple abrasions 2,. INJURIES.: I T Clip 556 (Rev 4~3} OPI 042 Use prewous editionI until NARRATIVE/SUPPLEMENTAL [] .',. .... ,w [Z3 .... L ...... ~ 01 O0 "'°- 5 ,,..¥ 20 ,,.. 85 1515 ................. / .... I¢"~' ...... ' ................ Dubl in 70 -- ublin Alameda Livermore 85D-1138 viilaqe Parkway at Tamarack Drive about his forehead and face area. ~PENCER had numerous scratches and abrasions on his hands, arms, and shoulder areas also. It appeared SPENCER was also missing some front teeth. The ambulance arrived shortly afterward and SPENCER was transported via ambulance to Valley Memorial Hospital for treatment. ,. EVIDENCE: There was blood puddles located near the rut that crosses Tamarack Drive ,~_approximately 40' south of the north portion of the beginning of the rut. A tooth was found on the asphalt near these puddles of blood and it was given to the ambulance ,. attendants before SPENCER left the scene. See diagram for further information. ,,. STATEMENTS: Witness ORMAN - stated he was southbound on Village Parkway approaching -- Tamarack Drive. ORMAN saw SPENCER riding his bike southbound on Village Parkway also ,. approaching Tamarack Drive.' SPENCER slowed down at the intersection but didn't stop alonq the stop sign line. SPENCER began crossing Tamarack Drive and suddenly the front wheel of his 10-speed bike dropped into the rut and SPENCER went over the top of his handlebars and hit the asphalt face first. ORMAN said SPENCER appeared to be in the bike lane the entire time he observed him. ORMAN said He didn't see any warning pylons ,. or markers around the open rut at the northwest corner of the intersection. ORMAN saw ,. no vehicles, men ~r warnlnq devices at the northwest corner of Village Parkway and Tamarack Drive. SPENCER - Mr. Spencer came to the Dublin Police Station to give me his statement on May 21, 1985 at approximately 0950 hrs. SPENCER said he was southbound on Village Parkway in the bike lane. SPENCER said he saw nothing in the bike path in the way of vehicles or warning markings. 'SPENCER said he slowed but didn't stop at the Tamarack D.C. Naugle CHP 556 (Rev 4-83) OPI 042 Use previous editions until depleted. NARRATIVE/SUPPLEMENTAL ~,,. ......... [] ..... =,,,,,AL ,.,°.~ ,,,,~ 20 ,'-. 8~ lS1S 0100 85D-1138 Drive crossing. SPENCER doesn't remember anything after crossing the crosswalk line, except talking with emergency personnel at the scene of the accident. OFFICER OBSERVATIONS: Approximately four construction men were seen at the northwest corner area after the accident. Two large red pylons were placed at the north end of the open rut at this time by one of these men. When asked, one construction man said they had not:seen anything as they had just arrived at this location. Contact was made with the woman who lives at the residence located on the northwest corner of Tamarack and Village Parkway and she had no knowledge of construction vehicles or red warning pylons at the northwest corner of the intersection near the rut. The other neighbor across the street was not at home at the time of the accident. HP 556 (Rev 6-82) OPt 042 Use ~reviou$ editions until depleted.