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COUNTY OF SAN MATEOInter-Departmental Correspondence |
Employee and Public Services Department |
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DATE: |
February 9, 2004 |
BOARD MEETING DATE: |
February 24, 2004 |
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TO: |
Honorable Board of Supervisors |
FROM: |
Mary Welch, Director of Employee and Public Services Priscilla H. Morse, Risk Manager |
SUBJECT: |
Disposition of Claims Filed Against County |
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Recommendation
Deny the claims listed below. |
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Background
Under authority of Resolution No. 35006 and Ordinance No. 2321, the Board directed the Director to process claims filed against the County. Further investigation may indicate justification for payment by the County. If so, payment will be made under the authority of the Risk Manager or will be brought back to the Board. |
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Discussion basis for excuse
The Risk Management Division has reviewed these claims and recommends that you take the following action: |
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Claim # |
Claimant |
Recommended Board
Action and Basis |
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Claims recommended for denial: |
G02-165 |
Boruta, Maria |
10/03 Non-culpable |
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Claimant alleges County of San Mateo is responsible for survey expenses she incurred because she granted permission by a "Right of Entry" contract enabling access to a small portion of her property at 445 Mirada Road in Half Moon Bay. |
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G03-051 |
Britt, Michael |
12/14/03 Non-culpable |
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Claimant alleges complete loss of vehicle and its contents due to an exposed manhole on the flooded street at Park Plaza Drive in Daly City. |
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G03-043 |
Butler, Calvin E. |
12/23/03 Non-culpable |
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Claimant alleges his car was damaged beyond repair due to flooding at 1580A Maple Street in Redwood City. |
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M03-016 |
Carlson, Sherrie Lee |
12/7/03 Non-culpable |
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Claimant alleges missing personal property while a patient at the San Mate County Medical Center. |
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G03-046 |
Carter, Ebony N. |
10/27/03 Non-culpable |
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Claimant, a minor, alleges lost personal property upon her release from Hillcrest Juvenile Hall. |
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G03-062 |
Cunningham, Catherine |
12/26/03 Non-culpable |
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Claimant alleges that the Redwood tree on her property at 6 Montego Lane in Redwood City had to be cut down due to a sewer storm drain that was constructed by Public Works. |
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M03-017 |
Duckworth, Allive |
1/23/04 Non-culpable |
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Claimant alleges lost dentures while at the San Mateo Medical Center. |
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G03-059 |
Gasswint, John Jacob |
8/9/03 Non-culpable |
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Claimant alleges Highlands Recreation District served and/or permitted the consumption of alcohol at a staff party and the employee while intoxicated operated a motor vehicle that struck him causing injuries. |
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G03-056 |
Jackson, James L. |
10/2/03 Non-culpable |
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Claimant alleges false imprisonment, discrimination, and violation of his civil rights when he was arrested for shoplifting at a Target store in Daly City. |
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G03-055 |
Kaemper, Paul |
12/25/03 Non-culpable |
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Claimant alleges his driver's license was wrongfully suspended due to the Revenue Services Division. |
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G03-053 |
Kuchler, Mark Anthony |
7/9/03 Non-culpable |
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Claimant alleges he was illegally detained, arrested and severely beaten by several deputies of the Sheriff's Office. |
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G03-047 |
Kuntz, Gerry |
12/14/03 Non-culpable |
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Claimant alleges a tall Acacia tree fell causing damage to his personal property at 990 Acacia Street in Montara. |
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G03-057 |
Leiva, Leyla |
7/16/03 Non-culpable |
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Claimant alleges she suffered indignity and humiliation from being arrested at her place of employment at the Safeway store in San Jose and believes her probation records were falsified. |
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A03-030 |
Malabey, Reginald |
12/15/03 Non-culpable |
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Claimant alleges while driving his vehicle on Interstate 280 near the Westlake off ramp in Daly City, his vehicle was rear ended by a County vehicle. |
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G03-048 |
Malveaux, James P. and Billie L. |
7/12/03 Non-culpable |
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Claimants allege the intimidation faced when they received the Private Defender Program's declaration was due to San Mateo County officials who have engaged in a cover up of activities. |
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G03-050 |
Marcello, Rosa M. |
12/15/03 Non-culpable |
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Claimant, an employee, alleges she slipped and fell due to hard balls being dropped by trees that line Middlefield Road near her worksite at 555 County Center in Redwood City causing injuries to her knee, elbow, and back. |
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G03-049 |
McGregor, Dennis |
12/26/03 Non-culpable |
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Claimant alleges a tree at or near 1105 Acacia Street in Montara crushed his new fence. |
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G03-066 |
Nishimura, Edward |
10/14/03 Non-culpable |
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Claimant alleges Sheriff's special agent entered his residence at 1307 Peralta Road in Pacifica by forced entry and damaged his property. |
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G03-042 |
Sarasua, Joseph |
12/20/03 Non-culpable |
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Claimant alleges malicious or negligent conduct by a Deputy Sheriff who prepared an inaccurate and/or false incident report with an incorrect resident address and caused him to be arrested. |
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M03-009 |
Smith, Anita |
7/31/03-8/14/03 and Non-culpable 10/6/03-10/9/03 |
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Claimant alleges County of San Mateo Correctional Health Services willfully failed to provide her with adequate medical care while she was under their care and custody. |
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G01-173B |
Snyder, Diane G. |
6/23/03 Non-culpable |
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Claimant alleges she was operating a vehicle eastbound on Selby Lane when she struck Jeffrey Reyes, a pedestrian. |
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G02-102 |
Thornton, Steven and Mary |
12/14/02 Non-culpable |
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Claimants allege the County maintained real property adjacent to their property in such a state allowed the large dangerous tree thereon to deteriorate and fall on their home at 263 Yale Avenue. |
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G03-065 |
Venegas, Sonia |
8/10/03 Non-culpable |
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Claimant alleges the Sheriff's Office is responsible for her injuries due to falling on misplaced power cords. |
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M03-014 |
Voss, Donald L. |
12/8/03 Non-culpable |
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Claimant alleges while a patient at San Mateo County Medical Center nothing was ever been done to recover his wedding ring that was taken by another patient who refused to return it. |
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G03-060 |
Voss, Donald L. |
11/25/03 Non-culpable |
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Claimant alleges he was moved from the Maguire Jail to San Mateo General Hospital and had been declared incompetent to stand trial due to the fact his hearing aid was missing. |
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G03-054 |
Wang, An-Yi Chou and An Tai |
10/2/03 Non-culpable |
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Claimants allege they were in immediate danger when the Civil Division Sheriff did not show up for the eviction of their tenants at 340 A Street in South San Francisco on the specified date and time. |
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G03-061 |
Yeganeh, Ramin |
7/17/03 Non-culpable |
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Claimant alleges he did not receive any medical attention for his injury caused by another inmate and should have been housed separately after the incident. |
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APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM |
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G03-034 |
Malveaux, James and Billie |
5/2/03 No statutory basis for excuse |
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Claimants request leave to present a late claim wherein they allege fraud, deception, harassment, and intimidation by the San Mateo County Private Defender Program and the failure to investigate and respond to complaints by the Board of Supervisors. |
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Vision Alignment |
This item keeps the commitment of responsive, effective and collaborative government through goal number 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain. |