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CONFIDENTIAL ~~ `Z '~ 198«
January 10, 1980
TO: City Council
FROM: City Attorney
SUBJECT: Settlement of the Claim of Efrian Rojas,
Claim No. ASM 79-99
IIQTRODUCT ION
On September 7, 1979, a City owned asphalt truck
rear-ended a large Peterbilt rig, owned by Efrian Rojas, while
it was stopped in traffic. The City settled claimant's property
damage claim for $2,188.51. The following staff report trans-
mits a proposed settlement of P.4r. Rojas claims for loss of use
of vehicle and for personal injury for $4,239.00.
BACKGROUND:
On September 7, 1979, the City's truck, driven
by employee Jerry L. Tolbert, was westbound on Manchester
Ave. A Peterbilt rig, including trailer, stopped at the inter-
section of Sepulveda and Manchester and the City°s truck rear-
ended it. Being a "rear ender," the City must view this
accident as one of clear and total liability.
The impact of the collision caused structural damage
to claimant's rig, rendering it unusable until repaired. Damage
to claimant's rig included the twisting of frame rails knocking
the trailer axel out of alignment, damage to air lines, butt plate,
hitch plate, draw bar and hitch. Property damage to claimant's
'JAN 2 8 1T3~~
vehicle totaled $2,188.51, and the City's adjuster, Brown Brothers,
paid this amount in full.
LOSS OF INCODIE
The accident occurred on September 7, 1979. Repairs
on claimant's vehicle began on September 11, 1979, the estimate
of cost of repair included a note indicating claimant wanted
his vehicle repaired as rapidly as possible.
Claimant Rojas had been working for LVJ Leasing of
La Puente., for three years. LVJ Leasing submitted documents to Brown
Brothers indicating that. due. to the damage to olaimaht"s
vehicle and personal injuries, he missed two weeks' Goork.
The hourly rate that the claimant would have been paid
through September 16, 1979 was $37.82. On September 16, 1979,
the hourly rate claimant would have received for his vehicle
and services would have been $38.22. The total loss to claimant
during the period of repair was $3,041.60.
PERSONAL INJURIES:
Claimant suffered soft tissue injuries to the neck and
upper back region in the
was present at the scene
complaint as to injuries
Claimant was treated at
medical specials totaled
therapy.
REASONS FOR SETTLEP~IENT:
accident. The City's Risk Manager
o£ the accident and confirms claimant's
immediately subsequent to the accident.
ofgaarden Medical Center, and his
$447.40, of which $285.00 was for nhysio-
Due to the £act that the City's vehicle rear-ended
the claimant, the City is not in a position to dispute liability.
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The City has already compensated claimant for his property
damage. Claimant has submitted documentation for his loss of
income and has presented a minimal amount of medical specials.
Settling now will prevent claimant from obtaining legal counsel
and possibly "building-up" his medical expenses.
ALTERNATIVE SOLUTION:
The alternatives are either to approve the settlement
or to reject it and instruct claimant to file a lawsuit.
RECOMMENDATION:
It is the recommendation of this office that the City
Council instruct the Director of Finance to draw a warrant made
payable to Efrian Rojas in the sum of S~],239.00 in full and
complete settlement of claim no. ASM 79-99.
PREPARED IIY:
Richard L. Knickerbocker, City Attorney
Michael Miller, Deputy City Attorney
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