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Home My WebLink About4.03 Ramon & Jean Mares Claim ‘ CITY OF DUBLIN 110 6 AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 13, 1987 • SUBJECT Claims submitted by: Ramon & Jean Mares 3/26/87 (Claim #009) Ellen Silvia 3/27/87 (Claim #010) EXHIBITS ATTACHED Claims RECOMMENDATION • ff/Deny Claim Numbers 009 and 010 and direct Staff to notify the claimants FINANCIAL STATEMENT: Claimants have stated the amount of damages as follows : " Claim #009 = $264. 53 Claim #010 = $500, 000 plus unspecified expenses DESCRIPTION The City has received two claims which are directly related to the provision of Police Services. These services are provided under contract by the Alameda County Sheriff' s Department. Claim #009 was submitted on behalf of Ramon and Jean Mares . The claim alleges vehicle damage was caused when an officer pushed a stalled vehicle from the traffic lane. Claim #010 was submitted on behalf of Ellen Silvia. The claim alleges excessive force constituting battery during an arrest. The City' s agreement with Alameda County provides coverage for claims arising from contract services . The ABAG PLAN Corporation Risk Manager has recommended that the City deny the claims and tender them to Alameda County, pursuant to our agreement. Staff recommends that the City Council deny the claims and direct Staff to notify the claimants . • COPIES TO: • Ms. Ellen Silvia, c/o Michelle M. Kihlman, Esq. * Ramon and Jean Mares ITEM NO. o, c/o Brent Eastman, CSAA *Brian O'Toole, Risk Manager . ABAG PLAN Corporation .rte _ '% - ''P"-- °"`-cs� �''m" 1 - E, ;goWi v R v F nor -^ r r r�_ _� .:'� ;v,.�y%s s.4'r� r�^�a'+r_ 7 t s > - t- _v#k a-,�4'� `� � r i .,.s C <k � �".�'�x%x�a• F' � r .:..a ,;r✓ .":,'sac.^�i,. ., 5.,.,.'3.,.�' •,ra` '!`t�,�,+ s.<LF°?;.'.r`�!, %,s z.}...{c!.+sra-_a�^�2T �ksn'V.x....z-.j??,� n€,., _.-... e..._ .... - • . CLAIM AGAINST THE CITY OF DUBLIN 0 0 OI • R c Control No. - (Office Use 0 kb - ie of Claimant: 71U/% �f /�I�1/Y�?�9'3� /l- coy oY 8� tress of Claimant: 7429 )7(//f/f1? Z 7i gknyi--.�9�Y . dPD 4 Notices to• // 411 :e and wime of Occurrence: /'/ 1377 9/5t5 /51-2-9 ice of Occurrence-: (Provide detailed diagram describing exact location, :luding physical landmarks or distinguishing land features, if appropriate.) DtkAirl AA.1 Ngjd\ • • 7cumstances of Occurrence: (If an accident, describe physical conditions 7roundingr occurrence, such as weather, road and traffic conditions; etc.) _ 1.r\ ltino/' V(11�ti V� v1! , \ O# 1 -cAco. (Uh JL JU Ak X\ h a -tVtkOL Ck , to u(541IG ;t names, add "' ses and phone numbers of any wit sses: cription of Damage. or Loss: \c‘,1253 hUJ& LC 1 ttulT.fY cierthld • • lc and Department of Involved City Employee (if any) : Dttdv\ ±- .al Amount Claimed; 47-J-(04. y3 Breakdown of Amount Claimed: ,)ti4\ 65 ) Ca.' oryvt:iu" d CL/AID 4 i Ib . A .4 '�IL.d rfr f' .d 4' `? 11' (Ls CQ -00 MA // ed: � ) .Are-1 Signed: Ma A c•'.p i m relating to a cause of action for death or for inj to person to persona erty ar grading crops shall be presented rbt later than the 100th day after the acr :al he cause of action. A claim relating to any oti2r cause of action shall. be present not r than one (1) year after the accrual of the cause of action. Bien a claim that is required to be presented-not—later than the i.00th day after the 1a1 of the cause of action is not presented within such tip, a written application may 2de to the City Council for leave to present such claim. The application small be pre- Bd within a reasonabae time not to exceed one (1) year after the ac=al a the cause ::lion and Ahall state the reason for the delay in presenting the The proposed 1 shall be attached to the application. • ClAii t 01 0 1 MICHELLE M. KUHLMAN, ESQ. RECEIVED LAW OFFICES OF WILLIAM C. GORDON MAR 2 7 �87. 2 A Professional Corporation 44 Montgomery Street, Suite 600 CITY OF DUBLIN 3 San Francisco, California 94104 (415) 986-4500 � 4 / Attorneys for Claimant(s) U • 5 6 7 CLAIM FOR PERSONAL INJURIES AGAINST 8 DUBLIN POLICE DEPARTMENT, ALAMEDA COUNTY 9 PRESENTED TO: 10 City of Dublin • 11 City Clerk, Richard Ambrose 6500 Dublin Blvd. , Suite 205 12 Dublin, CA 94566 13 Dublin Police Department Alameda County Administrator 14 1221 Oak Street Oakland, CA 94612 15 Alameda County 16 Board of Supervisor 1221 Oak Street • 17 Oakland, CA 94612 18 YOU, AND EACH OF YOU, PLEASE TAKE NOTICE that the 19 claimant herein designated hereby serves and makes a demand upon 20 you for the cause and amounts set forth in the following claim: 21 Claimant' s name and address: Ellen Silvia, 148 Glen 22 Court, Walnut Creek, CA 94596 . 23 Claimant' s mailing address to which notices are to be 24 sent: LAW OFFICES OF WILLIAM C. GORDON, A Professional 25 Corporation, 44 Montgomery Street, Suite 600 , San Francisco, 26 California 94104. 27 Amount of Claim: Special damages and expenses 28 proximately caused by the occurrence in amounts unknown for • 1 medical expenses, lost work time and impaired earning capacity, 2 and rehabilitation; general damages for injury, pain and 3 suffering, exemplary damages in the amount of $250 ,000 , and 4 costs of suit, in the sum of $500 ,000 . 5 Date and place of occurrence giving rise to the claim: 6 On December 19 , 1986 , in a parking lot located at 7155 Amador 7 Plaza Rd. , Dublin, CA. 8 Description of occurrence : That on or about the 9 aforementioned date, the above-named public entity, by and 10 through its agents, servants and employees did intentionally, 11 unlawfully and/or offensevely make contact with person of the 12 claimant. This contact constituted more force than was 13 necessary to arrest this claimant and as such was excessive 14 force. This excessive force used by the servants, agents and 15 employees of the public entity constituted a battery. 16 The above named public entity acting by and through its 17 ' 'agents, servants and employees performed their duties in a 18 negligent and unreasonable manner. Said employees, servants or 19 agents breached their duty to perform their duties reasonably 20 and to not use more than necessary or reasonably force in 21 performing said duties. ' 22 Such negligent and/or intentional behavior by the 23 public entity acting . by and through its agents, 'servants and. 24 , employees was so outrageous that it caused shock, fright, and 25 severe emotional distress to this claimant. 26 That as 'a direct and proximate result of said ' 27 negligence, unreasonableness and carelessness, as aforesaid, 28 claimant was caused to and did sustain severe personal,- injuries 1 to her back and neck as well as injuries to other parts of the 2 body. Additionally, claimant experienced shock, fright and 3 severe emotional distress. 4 Claimant seeks damages based upon any and all possiblei 5 causes of action derived from the aforementioned facts. 6 The " names and addresses of all the public employees 7 responsible for claimant' s condition are presently unknown 8 except for Officer Jim Hodges and claimant does not presently 9 know the extent of the special damages. 10 DATED: March 27 , 1987 11 LAW OFFICES OF WILLIAM C. GORDON A Professional Corporation . 12 - I 13 BY:_ _ � � _ 14 MIC ELLE M. KUHL PIT Attorneys for Claimant 15 i 16 ;. • 17 18 19 20 21 22 23 - 24 25 26 27 i 28 - j