File #: SC-1920-16    Version: 1 Name: Special Claim from Samantha Lovelady & Thomas Davis
Type: Special Claim Status: Passed
File created: 6/5/2020 In control: City Council
On agenda: 6/23/2020 Final action: 6/23/2020
Title: SPECIAL CLAIM SC-1920-16: SUBMITTED BY SAMANTHA LOVELADY FOR MEDICAL EXPENSES OF $2,607 AND THOMAS DAVIS FOR PROPERTY DAMAGE OF $7,421 FOR VEHICLE DAMAGE THAT OCCURRED AS A RESULT OF A COLLISION WITH A CITY FIRE DEPARTMENT TRUCK AT THE INTERSECTION OF CLASSEN BOULEVARD AND ALAMEDA STREET.
Attachments: 1. City Council Staff Report, 2. City Clerk memo, 3. Notice of Tort Claim, 4. Estimate, 5. Collision Report - Redacted
Title
SPECIAL CLAIM SC-1920-16: SUBMITTED BY SAMANTHA LOVELADY FOR MEDICAL EXPENSES OF $2,607 AND THOMAS DAVIS FOR PROPERTY DAMAGE OF $7,421 FOR VEHICLE DAMAGE THAT OCCURRED AS A RESULT OF A COLLISION WITH A CITY FIRE DEPARTMENT TRUCK AT THE INTERSECTION OF CLASSEN BOULEVARD AND ALAMEDA STREET.

Body
BACKGROUND: A claim was filed by Samantha Lovelady for medical expenses and Thomas Davis for property damage, in the total amount of $10,028, due to an incident that occurred when Ms. Lovelady was driving Mr. Davis' car and was struck by a City Fire Department fire engine on January 2, 2020, on Classen Boulevard.

DISCUSSION: This incident was investigated by Travis King, Fire Chief, who found that on January 2, 2020, a City Fire Department fire engine was headed southbound in the inside lane on Classen Boulevard and stopped for a red traffic light at the Alameda Street intersection. The light turned green and the fire engine drove forward but then drifted into the outside lane, striking the driver's side of the car driven by Ms. Lovelady, who was beside the fire engine and headed in the same direction.

Mr. Davis submitted three (3) estimates to repair the driver's side of his 2012 Toyota Camry, with the lowest estimate being $7,421. This car is valued at an average worth of $7,532, making repair costs feasible. Ms. Lovelady submitted hospital emergency room expenses for treatment after the incident in the total amount of $2,607. These expenses together equal $10,028 for the total claim amount.

As indicated above, there appears to be possible negligence on the part of the City in this matter and consequently potential liability on the City. Mr. Davis' claim for property expenses in the amount of $7,421 and Ms. Lovelady's claim for medical expenses in the amount of $2,607, appears reasonable.

RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney's office that the medical claim of Samantha Lovelady and the proper...

Click here for full text