CfTYOF
TO:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM:
CARLA MORREALE, CITY
DATE:
SEPTEMBER 17, 2013
SUBJECT:
CLAIMS AGAINST THE CITY BY KEVIN AND SANDRA
HEFFERNAN
REVIEWED:
CAROLYN LEHR, CITY
CLERK~
MANAGER~o
RECOMMENDATION
Reject the two claims and direct staff to notify the claimants.
BACKGROUND
The claimants state that on January 18, 2013, a vehicle driven southbound on
Hawthorne Boulevard by Ho Suh struck and killed their son, Sean, who was standing
next to his car. They noted that their son's car was parked to the right of the two
southbound lanes on Hawthorne Boulevard. The claimants allege that the design of the
roadway is dangerous and contributed to the accident.
The City's Claims Administrator, Carl Warren and Company, has reviewed the two
claims and advised the City to reject the claims as Sean Heffernan was struck and
killed as he was standing outside his parked vehicle by a motorist who was driving
under the influence at the time of the accident and was arrested for vehicular
manslaughter. In addition, inspection of the area where the accident occurred
demonstrated that the road and street markings were in good repair, and the street
lights and signals were functioning properly.
Attachment:
Claims
D-1
~~~ ~L~~K'S OFFICE
CLAIM FOR DAMAGES
;~z4~fH~'!:t~~~a:i!:.erdes
TO PERSON OR PROPERTY
Rancho Palos Verdes, CA 90275
RESERVE FOR FILING STAMP
CLAIM NO .
..j0/3-{)'l
RECEIVED
INSTRUCTIONS
1. Cl alms for death, Injury to person or to personal property must be filed not
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be flied not later than 1 year after
the occurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim form before filing.
4. See Page 2 for diagram upon which to locate place of accident.
5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
6. Attach separate sheets, If necessary, to give full details. SIGN EACH SHEET.
CITY OF RANCHO PAL.OS VERDES
JUL 12 2013
CITY CLERK'S OFFICE
TO: CITY OF RANCHO PALOS VERDES
Name of Claimant
Kevin Heffernan
City and State
City and State
Give address and telephone number to which you desire notices or
communications to be sent regarding this claim:
When did DAMAGE or INJURY occur?
Names of any city employees involved in INJURY or DAMAGE
Date Januory 1a. 2013
Time Approx. 9:15 p.rn.
Unknown
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
Southbound Hawthorne Boulvard, southeast of Dupre Drive, adjacent to Ryan Park.
Describe In detail how the DAMAGE or INJURY occurred.
A vehicle driven on southbound Hawthorne Boulevard by Ho Suh struck and killed my son, Sean,
who was standing next to his car. His car was parked to the right of the two southbound lanes on
Hawthorne Boulevard.
Why do you claim the city Is responsible?
The area of the accident is a public roadway within boundaries and control of the City of Rancho
Palos Verdes. The dangerous condition of this area of roadway was a substantial factor in causing
this accident. The subject area of the roadway is a steep grade with an excessive speed limit,
inadequate speed controls, warnings and signage, improper roadway design, inadequate parking
controls, warnings and signage, inadequate pedestrian safety design, controls, warnings and
signage and inadequate lighting design. The area has a history of fatal motor vehicle accidents.
Describe In detail each INJURY or DAMAGE.
Sean Joseph Heffernan, date of birth March 17, 1995, was fatally injured in the subject accident.
This Claim Must Be Signed on Page 2
·-···-·-----------------------------------------......
D-2
•,
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact):
Estimated prospective damages as far as known:
Damage to property ••.••.•••••••.•..•.. $0
Future expenses for medical and hospital care • S_o____
Expenses for medical and hospital care ••• suoo
Future loss of earnings •••••••.••..••.•..... $._o_ _ __
Loss of earnings •••••.•••.••.••..••..• So
Other prospective special damages •••...•••• S_o____
Special damages for ...••.....••.....•. 5eur1a1$20,ooo
Prospective general damages ••••••••••••••• $4.aoo,ooo
Total estimate prospective damages ••..•.. $4,000,ooo
General damages •••.•.•.•••••.•••••••• $1.000,000
Total damages incurred to date .••••••• $1.02s,soo
Total amount claimed as of date of presentation of this clalm:
$ 5,026,500.00
Was damage and/or Injury investigated by police?Y••
If so, what clty?;:Lomi=ta;;.s;;,;herilf=·- - - - - - - - - - - - - Were paramedics or ambulance called?v..
If so, name city or ambulance _M_ce;...onn;...;...ick_ _ _ _ _ _ _ _ _ _ _ __
If injured, stete date, time, name and address of doctor of your first visit .;.;Nl;.:..;A'-------------------WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have Information:
Name Unknown
Address
Phone._ _ _ _ _ _ _ __
Address
Phone._ _ _ _ _ _ _ __
Name
Address
Phone._ _ _ _ _ _ _ __
Name
DOCTORS and HOSPITALS:
Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date Hospitalized,_ _ _ _ _ _ __
Hospital Harbor UCl.A
Date of Treatment------Doctor _ _ _ _ _ _ _ _ _ _ ___,Address
Date of Treatment------Doctor _ _ _ _ _ _ _ _ _ _ _ _ Address
READ CAREFULLY
For all accident claims place on following diagram names
your vehicle when you first saw City vehicle; location of
of streets, Including North, East, South, and West; indicate
City vehicle at time of accident by "A·1" and location of
place of accident by "X" and by showing house numbers
yourself or your vehicle at the time of the accident by
or distances to street corners.
If City Vehicle was
"B·1" and the point of Impact by "X." NOTE: If diagrams
involved, designate by letter "A" location of City Vehicle
below do not fit the situation, attach hereto a proper
when you first saw It, and by "B" location of yourself or
diagram signed by the claimant.
L
SIDEWALK
CURB
CURB
PARKWAY
SIDEWALK
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
Typed Name:
Date:
'7--//- /3
FILED WITH CITY CLERK (Gov. Code Sec. 91 Sa). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
D-3
..
...
FILE WITH:
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCTIONS
1. Claims for death, Injury to person or to personal property must be filed not
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be filed not later than 1 year after
the occurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim form before filing.
4. See Page 2 for diagram upon which to locate place of accident.
5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
6. Attach separate sheets, If necessary, to give full details. SIGN EACH SHEET.
RESERVE FOR FILING STAMP
CLAIM NO.
.,21)13-/0
RECEIVED
CITY OF RANCHO PALOS VERDES
'JUL 12 2013
1
CITY CLERK'S OFFICE
TO: CITY OF RANCHO PALOS VERDES
Name of Claimant
Sandra Heffernan
Home Address of Claimant
City and State
Business Address of Claimant
City and State
n/a
Give address and telephone number to which you desire notices or
communications to be sent re arding this claim:
When did DAMAGE or INJURY occur?
Names of any city employees involved in INJURY or DAMAGE
Time Approx. 9:15 p.rn.
Date January 1a, 2013
Unknown
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
Southbound Hawthorne Boulvard, southeast of Dupre Drive, adjacent to Ryan Park.
Describe In detail how the DAMAGE or INJURY occurred.
A vehicle driven on southbound Hawthorne Boulevard by Ho Suh struck and killed my son, Sean,
who was standing next to his car. His car was parked to the right of the two southbound lanes on
Hawthorne Boulevard.
Why do you claim the city Is responsible?
The area of the accident is a public roadway within boundaries and control of the City of Rancho
Palos Verdes. The dangerous condition of this area of roadway was a substantial factor in causing
this accident. The subject area of the roadway is a steep grade with an excessive speed limit,
inadequate speed controls, warnings and signage, improper roadway design, inadequate parking
controls, warnings and signage, inadequate pedestrian safety design, controls, warnings and
signage and inadequate lighting design. The area has a history of fatal motor vehicle accidents.
Describe Jn detail each INJURY or DAMAGE.
Sean Joseph Heffernan, date of birth March 17, 1995, was fatally injured in the subject accident.
This Claim Must Be Signed on Page 2
D-4
'
..
'
.
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages Incurred to date (exact):
Estimated prospective damages as far as known:
Future expenses for medical and hospltal care. $_o_ _ __
Damage to property ••••.....•...••.•.•• $0
Expenses for medical and hospital care •.. $6.soo
Future loss of earnings ••••.••..••••.••••••• $._o_ _ __
Loss of earnings ••••••..••.•..••..•.•• $0
Other prospective speclal damages •••.•••.•. $_o_ _ __
Special damages for .•.••....•••.••...• $Bunal s20.ooo
Prospective general damages •••.•••••••••• , $ 4,ooo.ooo
Total estimate prospective damages .•••..• $4.ooo,ooo
General damages .•..•.•••.••.••....••• $1.000.000
Total damages Incurred to date ••....•• $1.02a,500
Total amount claimed as of date of presentation of this claim:
$ 5.026,500.00
Was damage and/or Injury Investigated by police? Yea
If so, what city?_L•_t111_·1a_s_11e_n_·tt_ _ _ _ _ _ _ _ _ _ _ _ __
Were paramedics or ambulance called?Y..
If so, name city or ambulance _M_ceorm
__
ic_k- - - - - - - - - - - - If injured, state date, time, name and address of doctor of your first visit _Nl_A_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have Information:
Name unknown
Address
Phone_ _ _ _ _ _ _ __
Name
Address
Phone._ _ _ _ _ _ _ __
Name
Address
Phone_ _ _ _ _ _ _ __
DOCTORS and HOSPITALS:
Hospital _Ha_rb_or_u_CLA
_ _ _ _ _ _ _ _---'Address _ _ _ _ _ _ _ _ _ _ _ _ _ _Date Hospitalized,_ _ _ _ _ _ __
Doctor
Doctor
Address
Address
Date of Treatment - - - - - - Date of Treatment - - - - - - -
READ CAREFULLY
For all accident claims place on following diagram names
your vehicle when you first saw City vehicle; location of
of streets, including North, East, South, and West; Indicate
City vehicle at time of accident by "A-1" and location of
place of accident by "X" and by showing house numbers
yourself or your vehicle at the time of the accident by
or distances to street corners.
If City Vehicle was
"B-1" and the point of Impact by "X." NOTE: If diagrams
below do not fit the situation, attach hereto a proper
involved, designate by letter "A" location of City Vehicle
diagram signed by the claimant.
when you first saw It, and by "B" location of yourself or
L
SIDEWALK
CURBJ
CURB
PARKWAY
SIDEWALK
Signature of Claimant or person fillng on
his behalf giving relatlo ship to Claimant:
Typed Name:
Date:
7/11/12>-.._
D-5