HomeMy WebLinkAboutAgenda Report - June 19, 1985 (104)City Clerk Reimche apprised the Council that L.
J. Russo Insurance Services, Inc. and the City
Attorney had recannended denial of the following
claims filed against the City of Lodi:
a) Mrs. Gisela Phillips DOL 11/1/54
b) Mr. Takeo Shinmoto DOL 5/31/85
On motion of Council Member Olson, Reid
second, the heretofore listed claims were denied
and referred back to the City's Contract
Administrator, L. J. Russo Insurances Services,
Inc.
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LeonardJRusso
CLAIMS ADMINISTRATION SERVICE
Mrs. Gisela Phillips
1001 Dartmoor Circle
Lodi, CA 95240-
Re:
5240
Re: Our Insured:
Date of Loss:
Our File No.:
Dear Mrs. Phillips:
RECEIVED
DATE: APR 19 1985
ALICE M. REIMCHE
CITY CLERK .
CITY OF. LODI
April 18, 1985
City of Lodi
11-1-84
2746 LX 075
We the Claims Administrators for the City of Lodi.
Your claim regarding a sewer back-up has been forwarded to us
for investigation and handling.
I have reviewed your claim as presented and have discussed the
loss with the appropriate City personnel. I am -still unclear
in my mind specifically what you feel the City might have done
wrong. It would appear to me that your problem may have been
caused by the original construction and installation made by
your home's builder, whom I understand may have agreed to repair
the problem: However, I will withhold any recommendations to
my principal'until you have had the opportunity to present to
me the facts supporting your claim that the City was in some
way responsible for your problem.
Very truly yours,
Chuck Gormley
CG/pw /
bcc: Alice Reimche ✓
2424 ARDEN WAY
BUILDING C-81
SACRAMENTO; CA 95825
916-920-.5881
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45 468 1 "{ NO REPLY NECESSARY
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LeonardjRusso
CLAIMS ADMINISTRATION SERVICE
June 7, 1985
City of Lodi
Re: Insured: City of Lodi
Claimant: Takeo Shinmoto
Date of Loss: 4-24-85
Our File No.: 2769
Dear Chuck:
PRELIMINARY REPORT
This is our first report of our investigative activities into
the above case in caption.
DESCRIPTION OF ACCIDENT
This accident occurred on April 24, 1985 on Kettleman Lane,
just east of Church Street, Lodi, California.
Lodi City employee, Darel Clark, operating a City of Lodi truck,.
was westbound on Kettleman Lane following the Claimant in the
left turn lane. At the intersection with Church Street, the
signal was green for left turns, and as the Claimant began his
left turn, observed an eastbound ambulance on Kettleman Lane.
The Claimant stopped to allow the ambulance', proceeding a Code
3, through the intersection and following its passing, again
began his left turn. At this point, he observed a second
ambulance, also Code 3, eastbound on Kettleman and stopped to
allow clearance. City employee Clark apparently was distracted
'by the first ambulance and did not observe the Claimant stop
for the second, The City vehicle rear ended the Claimant's
vehicle.
POLICE REPORT
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Leonard jRusso
CLAIMS ADMINISTRATION SERVICE _
City of Lodi
June 7, 1985
Page Two
BODILY INJURY CLAIMANT
The Claimant in this case is Takeo Victor Shinmoto, age sixty-
five, date of birth, March 16; 1920, mailing address, P.O. Box
411, Walnut Grove, California, telephone (916) 776-1637. In
the accident, the Claimant sustained soft tissue injuries with
all the typical whiplash symptoms. He was seen -.by Dr. Henry Go,
Courtland, California, on May 3rd, and again on May 17th. X-rays
were taken of the cervical spine and left, shoulder with a diagnosis
of musculo skeletal sprain.
We have little information regarding the Claimant, as he is
represented by counsel.- The attorney is James A.-Gualco,
P.O. Box 342, Walnut Grove, California, 95690, telephone (916)
776-1727. We enclose -a copy of Gualco's letter of representation.
along with the medical bills.
I would suggest a bodily injury reserve of $3,500.00.
PROPERTY DAMAGE
The adverse vehicle is a 1978 Ford Fairmont Sedan, bearing
California license 047 USM. It has sustained major damage to
the rear, as evidenced by the estimate submitted by the Claimant.!
in the amount of $2,130.26. In our telephone conversation with
counsel, we suggested we have an appraiser establish the damage
to this vehicle, however, counsel suggested the Claimant will
pursue a collision claim through his carrier.
I suggest a property damage reserve in the amount of $2,300.00.
WITNESSES
We have not identified any witnesses to the accident.
LIABILITY
From the facts as set forth in the police report, this is an
apparent case of obvious liability. We can find no evidence
with which to assess any comparative negligence to the Claimant.
COMMENTS
City of Lodi
June 7, 1985
Page.Three
now retiring the field file.
Very truly yours,
James Stebley
Adjuster
JS/pw
Enclosures: Medical bill:
Attorney letter of representation
Pursuant to our telephone conversation of May 23,
1985, I have enclosed herewith photocopies of the additional
medical expenses incurred by Dir. Shinmoto as a result of
the injuries that he received in the accident in which he
was involved on April 24, 1985:
1. The Doctors Office, Henry Go, M.D. $28.00
2. Ben's Drug Store -.prescription 13.45
.yry truly yours,
'AMES A. GUALCO
JAG/klm
Encls.
JAMES A. GUALVO
SACRAMENTO 0F/S4
ATTORNEY AT LAW
POST OFFICE1220-257STRE
BUILDING
{•,t;;:, a _.
- ��
R O. BOX 342
SACRAMENTO, C.ALIFORH14,,0521ap-
WALNUT GROVE, CALIFORNIA 65660
TELEPHONE 101e)..w6T
TELEPHONE [G16] 776'1727
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May 24, 1985
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Jim Stebley, Claims Administrator
LJR Insurance Services
2424 Arden Way, Building C81
Sacramento, CA 95825•
Re: Takeo Victor Shinmoto vs.
City
of Lodi
Dear Mr. Stebley:
Pursuant to our telephone conversation of May 23,
1985, I have enclosed herewith photocopies of the additional
medical expenses incurred by Dir. Shinmoto as a result of
the injuries that he received in the accident in which he
was involved on April 24, 1985:
1. The Doctors Office, Henry Go, M.D. $28.00
2. Ben's Drug Store -.prescription 13.45
.yry truly yours,
'AMES A. GUALCO
JAG/klm
Encls.
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CITY COUNCIL THOMAS A. PETERSON:
CITY O F L ODI City Manager .
DAVID M. HINCHMAN, Mayor
FRED M. REID ALICE M. REIMCHE _
Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET City Clerk
EVELYN M. OLSON CALL BOX 3006 RONALD M. STEIN
JAMES W. PINKERTON, Jr. LOD1, CALIFORNIA 95241-1910 City Attorney .
JOHN R. (Randy) SNIDER (209) 334-5634
June 25, 1985
Mr. Takeo V. Shinmoto
P. O. Box 411
Walnut Grove, CA
Dear Mr. Shinmoto:
Notice is hereby given that the claim you presented to the
City of Lodi on May 2, 1985 was rejected by action of the Lodi
City Council at its regular meeting held June 19, 1985.
The claim herein having been rejected, the following
additional notification is given:
W A R N I N G =
Subject to certain exceptions, you have only six (6) months
from the date this notice was personally delivered or
deposited in the mail to file a court action on this Claim.
See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an
attorney, you should do so immediately.
You should also be aware that pursuant to Sections 128.5, and
1038 of the California Code of Civil Procedure the City will
seek to recover all costs of defense in the event an action is =-
filed in this matter and it is determined that the action was
not brought in good faith and with reasonable cause.
Very truly yours,
o
Alice M. Reimche
City Clerk
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