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Home My WebLink About4.4 Ed Longhorn Claim CITY OF DUBLIN I -7 O--� AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 21, 1989 SUBJECT: Application for Leave to Present a Late Claim - Ed Longhorn - Claim #0049DU QP (Report Prepared by Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: o Application to Present Late Claim • Claim Form • Declaration in Support of Application • Letter dated December 6, 1989 from Claimant's Attorney RECOMMENDATION• Reject the Application to Present a Late Claim and direct Staff to rov' p ide the appropriate response. FINANCIAL STATEMENT: Claim alleges $10 million loss, plus unknown future losses. DESCRIPTION: On November 21, 1989, the City received an Application for Leave to Present a Late Claim. The original documents did not contain the correct date of loss. This was clarified in a letter dated December 6, 1989 from the claimant's attorney. State Law currently allows six months to file a claim with a public agency. The filing period was changed January 1, 1988 by the State Legislature. State Law also contains provisions for filing an application for a late claim. This must be filed within one year. If the City denies the application for a late claim, the claimant's recourse is to petition a court to allow the filing of a late claim. This must be filed within six months of the time the late claim application is denied. The claimant was an employee of Pacific Water Art. This firm was a subcontractor working under an agreement with Dickman-Nourse, Inc. The claimant alleges that he fell in a hole on November 29, 1988. The incident allegedly occurred within the equipment vault constructed at the Civic Center. The City did not occupy the Civic Center project until October, 1989 . The City's insurance provider believes that the indemnification clauses within the Civic Center agreement and statutory workers' compensation requirements should hold the City harmless. They have .recommended that the City deny the application for a late claim. The late claim status prejudices the City's ability to investigate and defend the claim. Staff recommends that the City Council deny the "Application to Present a Late Claim", and direct Staff to notify the claimant. The City's insurance provider will pursue the tender of the claim to the contractor. i COPIES TO: Terri Hodges, ABAG PLAN ITEM NO. P,ECEIVED v 211989 rSs�J4 � CITY OF DUBLIN In the Matter of the APPLICATION FOR Claim of ED LONGHORN LEAVE TO against CITY OF DUBLIN. PRESENT LATE CLAIM [GOV C 911 .41 TO: CITY OF DUBLIN 1 . Application is hereby made for leave to present a late claim under Section 911 .4 of the Government Code. The claim is founded on a cause of action for personal injury which accrued on November 29 , 1989 and for which a claim was not timely presented . For additional circumstances relating to the cause of action , reference is made to the proposed claim attached hereto as Exhibit A and made a part hereof . 2 . The reason for the delay in presenting this claim is the mistake , inadvertence , surprise and excusable neglect of the claimant as more particularly described in the declaration of Richard L . Goett attached hereto and made a part hereof . CITY OF DUBLIN was not prejudiced by the failure to timely file the claim. Dated : November 16 , 1989. et"'-/I Attorney for ED LONGHORN CLA... -GANST THE - CT-'T'" nF DUBL_ (Pursuant to Section 910 et Seq. , Govt. Code) `tCIVED TO: 1CI"_"'. OF DL'3LTN CITY OF DUBLIN 1. Claimant' s Name: ED LONGHORN Claimant' s Address: 100 Ogier Ave, 465 Morgan Hill, CA 95037 Claimant' s Phone No. : (408) 778-7665 2. Post Office address to which Notices are to be sent: Richard L Goett, 777 N. First Street, San Jose, CA 95112 3 . Occurrence: Date: 11/29/89Place: City o:� Dublin, County of Alameda, Calif. Circumstances of Occurrence or Transaction giving rise to Claim: Claimant, an emnlovee of pacific T,7ater. Arts, was installing ripe in a room-,-owned by City of Dublin. Stepped in a concealed hole and sustained permanent back and leg injury. 4 . General description of Indebtedness, Obligation, Injury, Damage or loss Incurred so Far As Is Now Known: Claimant has been unable to return to work since the injury. 5: Name or Names of Public Employee or Employees Causing Injury, Damage or Loss, if known: Unknown 6 . Amount Claimed Now: $ 10 , 000 , 000. 00 Estimated Amount of Future Loss, if Known: $ Unknoon TOTAL $ Unknown 7 . Basis of Above Computation�: Estimated. SIGNED BY: + , X1 NOTE: Claim must be present d to C erk, Boar d of Supervisors within six mohths after the act which occasioned the injury. Exhibit P_ EIVED Rov 2119189 'CITY OF DUBLIN In the Matter of the DECLARATION IN Claim of ED LONGHORN SUPPORT OF APPLICATION against CITY OF DUBLIN. TO PRESENT LATE CLAIM [GOV C 911 .41 TO: CITY OF DUBLIN I , Richard L. Goett , declare : 1 .That I am an attorney at law , licensed to practice in all the courts of the State of California . 2 . That the claimant , ED LONGHORN, contacted my office for the first time on November 3 , 1989 in connection with the incident that gives rise to the claim herein . 3 . That claimant was unaware that a written claim had to be presented to the City within six months of the incident. 4 . That a preliminary investigation indicates that the claimant has a good and valid claim against the City of Dublin , and others , for the injuries sustained in the incident. 4 . That the late filing in no way prejudices the City of Dublin . 5 . Justice demands that claimant be given a full and fair hearing in the matter. Dated : November 16, 1989. Attorney for ED LONGHORN Exhibit B t' CLEIYED DEC 1989 ` RiCHARD L. GOETT y ATTORNEY AT LAW C'TX OF DUBLIN SAN J05E OFFICE SCOTTS VALLEY OFFICE P. 0. BOX 66630 777 NORTH FIRST STREET SCOTTS VALLEY, 95066 SAN JOSE, 95112 T TELEPHONE (408) 438-3985 TELEPHONE (408) 286-6520 December 6 , 1989 City of Dublin PO Box 2340 Dublin, California 94568 Att: Paul S. Rankin, Asst City Manager Re: Claimant, Ed Longhorn Application to Present Late Claim Dear Mr. Rankin: In response to your letter of November 30 , 1989 on the above claim, the date of injury should read November 29 , 1988 instead of November 29, 1989. I talked to Mr. Longhorn for the first time just before filing the claim and he had very little information to give me. Would you be willing to provide the names of your sub contractors for the construction of the Dublin Civic Center? I will make the necessary investigation into the facts of this case immediately after receiving the above information and get back to you within a month. I am waiting to hear from you. You very truly,,<, I HARD" OETT RL :m