HomeMy WebLinkAbout03.d. Deny claim for damages - Louis PimentalCentral Contra Costa Sanitary District 3
' BOARD OF DIRECTORS • �►
POSITION PAPER
Board Meeting Date: July 21, 2011
Subject: DENY CLAIM FOR DAMAGES SUBMITTED BY LOUIS PIMENTEL
Submitted By Initiating Dept. /Div.:
Shari Deutsch, Safety & Risk Administration, Safety & Risk
Management Administrator Management
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
S. eutsch . l sgraves K. Alm ames M. Ily,
General Manager
ISSUE: The District has received a claim for unspecified damages arising out of a
motor vehicle accident on May 9, 2011.
RECOMMENDATION: Deny the claim.
FINANCIAL IMPACTS: Denying the claim has no fiscal impact.
ALTERNATIVES /CONSIDERATIONS: The alternative is to accept the claim and
negotiate a settlement with the claimant.
BACKGROUND: On May 9, 2011 a Collections System Operations employee received
a phone call while driving a rodding truck. As the driver slowed for an upcoming red
light he handed the phone to his passenger to answer the call. The crew member
answered the phone on speaker so the driver could hear the conversation. The caller
advised the driver that a member of his family had just passed away. The driver was
distracted by this information and did not reduce his speed fast enough to avoid a
collision. The rodder rear -ended a 2001 Ford Expedition driven by the claimant causing
minor damage to the rear bumper of the Expedition and minor damage to the front
bumper of the rodder.
Since the claimant is still in treatment for these injuries, his attorney has not yet
ascertained the amount of the claim. We do not expect to receive a demand until after
the Board's 45 day window to act on the claim has elapsed.
The Budget & Finance Committee reviewed this matter at its July 18, 2011 meeting.
RECOMMENDED BOARD ACTION: Deny the claim.