HomeMy WebLinkAboutMINUTES - 10032000 - C6-C7 CLAIM
BQAED OF SUP'ER'VISORS QE MNTRA COSTA CtJUN o CALIFQM A
BOARD A06 oCTOBER3, 2000
Claim Against the County, or District Governed by }
the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT
and Board Action. All Section references are to } The copy of this document railed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV belo0, given
pursuant to Government Code Section 913 and"Warnings".915.4. Please note all Warnings .
AMOUNT: In Excess of $50,000.00 AUG 3 1 200D
CLAIMANT: Ophelia C. Chambers �_vuNTY COUNSEL
MARTINEZ,CALIF.
ATTORNEY: c/o Arlene D. Kock DATE RECEIVED: August 31, 2000
ADDRESS: Attorney at Law BY DELIVERY TO CLERK. ON: August 31, 2000
2500 Old Crow Canyon Rd, Ste 214
San Ramon CA 94583
BY MAIL POSTMARKED: Hand-Delivered
)L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Au 31 2000
PHIL B,� LOR, Cler,
August Dated: g s By: Deputy w
IL FROM: County Counsel TO: Clerk of the Board of Supervi rs
{ v This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: '', /- By:_� 6�e � Deputy County Counsel
M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
{ ) Claim was returned as untimely with notice to claimant (Section 911.3).
1
IV BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
Other:
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: CjLbL ) HIL BATCHELOR, Clerk, By n A .Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served 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 want to consult an attorney, you should do so
immediately. *For Additional Warning See R.ev.-,•se Side of This Notice.
AFFIDAVIT OF N14U vG
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: ` PHIL BATCHELOR By putt' Clerk
CC: County Counsel County Administrator
Clsir 'wo: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
EN_S RUC11QNS TO LAD RANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 100''day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street, Martinez„ CA 94553,
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 'fit at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
}
Qphelia C. Chambers }
} E
Against the County of Contra Costa or )
AUG J 1 2000
1 ! J / lll / 1111 ! { / / 11 / l
District)
(Fill in name) ) CLERK n�ra°Qs�rA co I
The undersigned clawt�!e�X makes claim against the County of Contra Costa or the above-named district
in the sum of w ' in support of this claim represents as follows:
1. When did the damage or injury occur?(Give exact date and hour)
March 13, 2000 at approximately 9:30 a.m.
2. Where did the damage or injury occur?(Include city and county)
Pittsburg Health Clinic, Pittsburg, California, Count} of Contra Costa.
3. How did the damage or injury occur?(Give full details;use extra paper if required)
Claimant went to the health clinic for knee X-rays. During the course of the X-rays, the
X-ray technicians and assistants failed to properly position her for the X-rays. This
failure led to the claimant's fall and injury to her right elbow and shoulder.
4. at particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage?
The X-ray support staff had a duty to properly assist the claimant while they were
positioning her for her ex-rays and negligently failed to do so giving rise to the
claimant's fall.
5. What are the names of county or district officers, servants, or employees causing the damage or injury?
Unknown at this time.
6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed, Attach
two estimates for auto damage.)
Injury to shoulder, elbow and surrounding areas, right side. Full extent of injuries
are still being ascertained.
7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or
damage.)
No computation reached yet. Damage amounts still being ascertained.
8. Names and addresses of witnesses, doctors, and hospitals.
Pittsburg Health Clinic, 550 School Street, Pittsburg, California
9. List the expenditures you made on account of this accident or injury.
DAM IBM
Ongoing. Will be provided when known.
Gov. Code Sec. 910.2 provides"The claim must be
SEND NOTICES TO: UUom signed by the claimant or by some person on his behalf."
Name and Address of Attorney )
Arlene D. Keck
Arlene D. Keck
Attorney at Law ) (Claimant's Signature}
2500 Old Crow Canyon Road, Suite 214 )
San Ramon, California 94583
2500 Old Crow Canyon Road, Suite 214
„
} (Address)
San Ramon, California 94583
Tel+.rhone,No. (925) 743-8666 JTelephoneNo. - (925) 743-8656
�tC3'rxGE
Section 72 of the banal Code provides:
Every person who,with hum to defraud,presents for allowance or the payment to any state board or officer,or to any
county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,
voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not
exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not
exceeding ten thousand dollars($10,000),or by both such imprisonment and fine.
TO: BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator
uontra
yf1 s
DATE: October 3, 2000Costa
SUBJECT: Final Settlement of Claim Coum
Veronica Mederos, a minor
vs. Contra Costa County
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Receive this report concerning the final settlement of Veronica Mederos, a minor, and authorize
payment from the liability Trust Fund in the amount of$32,931.51 plus attorney's fees for filing
a Motion of Minors Compromise.
BACKGROUND/REASONS FOR RECOMMENDATION:
Ron Harvey, Risk Manager for the County, has advised the County Administrator that within
authorization, an agreement has been reached settling the liability claim of Veronica Mederos.
This Board's September 19, 2000, closed session vote was:
Yes: Supervisors Goioia, Uiikema, Canciamilla, and DeSaulnier.
Absent: Supervisor Gerber
This action is taken so that terms of this final settlement and the earlier September 19, 2000,
session vote of this Board authorizing its negotiated settlement are know publicly.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
~APPROVE OTHER
SIGNATURE(S):
ACTION OF BOAR OMBER 3, 2000 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
X UNANIMOUS (ABSENT NONE ) OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED OMBER 31 2000
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact:
cc: CAO Risk Management
BY DEPUTY
County Administrator �nfir
Risk Management Division
Cost.
2530 Arnold Drive,Suite 140 LiabilityClaims
Martinez. California 94553 {925)335-1440
County Fax Number (925)335-1420
4 4 jai; ±t`
r
PRESS RELEASE
October 3, 2000
For further information:
Ron Harvey
Risk Manager
(925) 335-1443
The Board of Supervisors has approved and will finalize on October 3, 2000 settlement
of the claim filed against the County of Contra Costa in the amount of$32,931,52 plus
attorneys fees for filing a Motion for Minors Compromise with the Contra Costa Superior
Court, The settlement relates to the injury to Veronica Mederos a minor, which happened
on October 8, 1997 when a Headstart teacher accidentally tripped and fell on Veronica
resulting in a broken arm and corrective surgery.
XXX