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Home My WebLink About4.05 Donald Biddle Claim / _ oO _� o CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 23, 1988 SUBJECT Claim Submitted on Behalf of Donald C. Biddle and Donna Maria Biddle EXHIBITS ATTACHED Claim Form submitted April 7 , 1988 RECOMMENDATION "-/ the claim and direct Staff to notify the claimants and the City' s Insurance Provider FINANCIAL STATEMENT: The total amount claimed is $2 ,000,000 DESCRIPTION The City of Dublin received a claim submitted on behalf of Donald C. Biddle and Donna Maria Biddle. The claim arises as a result of a traffic accident which occurred on December 30, 1987 . The claim alleges the wrongful death of Bruce A. Biddle, the minor son of the claimants . The accident occurred at approximately 1 :00 a.m. , and involved two vehicles at the intersection of Tamarack Drive and Doreen Street . Each vehicle only had one occupant. Bruce Biddle was the driver of a car which was attempting to turn left from Doreen Street onto Tamarack Drive. The car was struck by a vehicle driven by Stacy Cook. Witness statements indicated that Ms . Cook did not have headlights on, and was proceeding at a speed above the legal speed limit. Mr. Biddle was ejected from his vehicle and he received fatal injuries . Ms . Cook was transported to the hospital and suffered minor injuries . Hs . Cook has been charged with driving under the influence and vehicular manslaughter. Test results placed her blood alcohol level at . 14 which is above the legal limit of . 10. In addition to the high rate of speed, the police investigation also alleges that Ms . Cook failed to stop at the stop sign located at Burton Street , which is west of the accident location. The police investigation also identified that both vehicles were equipped with seat belt systems . Neither driver used the seat belts and it is believed that this contributed to the extent of the injuries . The claim alleges that the City had knowledge of the dangerous character and condition of the intersection. The "Attachment" specifically refers to the placement of the stop sign and limit line . The claim has been reviewed by the adjustor selected by ABAG PLAN Corporation. ABAG PLAN is the provider of the City ' s insurance coverage which is provided through a self-funded risk-sharing pool established by member public agencies . The City currently has a $25 ,000 deductible . Premiums are established by an actuarial study which evaluates the agency ' s loss experience. Based on the Adjustor ' s investigation, it is recommended that the City Council deny the claim. Staff will notify the claimants and ABAG PLAN Corporation. ---------------------------------------------------------------------------- COPIES TO: John Coffey, Black & Bland Delma Anderson, ABAG PLAN ITEM N0. A R E C E I V E D, CLAIM-AGAINST THE CITY OF DUBLIN--, i APR 71988 - _ Control No. 00 - 302- ,• (Office Use Only) tdamle of ld C. Biddle and Donna' Maria Biddle Address of Claimant: 6981 Doreen Court, Dublin, CA 94568 DEVANE & BROUGHTON Scnd Notices to: 7080 Donlon Way, Suite 122, Dublin , CA 94568 (415-828-442$ Us to and grime of occurrence: December 30, 1987 / Approx. 12. 58 a.m. - Date of Death: December 31 1987 Place of Occurrence: (Provide detailed diagram describing exact location, including physical landmarks or distinguishing land: features, if appropriate. Tamarack Drive- at Doreen Court See Exhibit A - Diagram Attached Circumstances of Occurrence: (If an accident, describe physical conditions surrounding occurrence, such as weather, road and traffic conditions, etc.) SEE ATTACHMENT List names, addresses and phone numbe-:s of any witnesses : See Dublin Police Report #87D3067 .-description of Damage or Loss: The rongful' death 'of Bruce A Biddle the mi nm son of claimants . Nz"uu and Depart.-aent of Involved City Employee (if any) : Department of Public Works/Engineering.- eot:al Amount Claimed: $2_ 00.00 Breakdown of Amount Claimed: _ Pecuniary .loss ; loss of services , advise and trainin • lass of love ship, comfort , affection, society , solace or moral su or t ; funeral and medical expenses , )aced: April 7 , 1988 Sign Attorney for Claimants c'-ar.'a r e ~_i:� to a cause of act:an for death or for injury to or ,rcpextf or g�irg cops shall be presented not later than the 100th day after the a=ual f the cause of acct .on. A claiM relatu� to any other cause of action stall be presented mt atE.r than me (1) year after the a0=1411- of the cause of action- Wien a claim that is required to be presented aot 'later than the 100th day after t 14 :c.-ual of the cause of action is not presented within such time, a written app.Ltcatim may mt-�e to the City C.-unc-il for leave to present such claim.. The applicati.an shall be pre- mted within a. + time not to exceed ape (1) year after the arc=ual of the cause act= and shall state the reason for the delay in pr sent:ng the claim. The proposed nim shaI1 he at'_ar_',� to the application. _ . CLAIM AGAINST THE CITY OF DUBLIN ATTACHMENT The City of Dublin owned, designed, engineered, maintained, and controlled Tamarack Drive and Doreen Court at their intersection in the City of Dublin. On December 30, 1987, and prior thereto, the above described public property was in a dangerous condition that created a substantial risk of the type of injury hereinafter alleged when it' s property was used with due care in a manner that it was reasonably forseeable. The stop sign and limit line on Doreen Court at Tamarack Drive was so erected and set back from the intersection with Tamarack Drive that drivers could reasonably believe that they had the right of way after stopping and could not see automobiles approaching on Tamarack Drive. 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