File #: SC-1718-3    Version: 1 Name: Special Claim from Cristian Mejia for Omar Mejia Arita
Type: Special Claim Status: Passed
File created: 8/16/2017 In control: City Council
On agenda: 9/12/2017 Final action: 9/12/2017
Title: SPECIAL CLAIM SC-1718-3: SUBMITTED BY CRISTIAN MEJIA FOR OMAR MEJIA ARITA IN THE NEGOTIATED AMOUNT OF $2,500 FOR DAMAGES INCURRED TO HIS VEHICLE AS A RESULT OF A COLLISION WITH A SANITATION VEHICLE NEAR FLOOD AVENUE AND SYMMES STREET.
Attachments: 1. Text File Mejia, 2. City Clerk Memo, 3. Tort Claim, 4. Value Reports, 5. Photographs
Title
SPECIAL CLAIM SC-1718-3: SUBMITTED BY CRISTIAN MEJIA FOR OMAR MEJIA ARITA IN THE NEGOTIATED AMOUNT OF $2,500 FOR DAMAGES INCURRED TO HIS VEHICLE AS A RESULT OF A COLLISION WITH A SANITATION VEHICLE NEAR FLOOD AVENUE AND SYMMES STREET.

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BACKGROUND: A claim was filed by Cristian Mejia on behalf of Omar Mejia Arita for damage to his vehicle received on June 16, 2017, when he claims an oncoming City Sanitation vehicle crossed the center line and struck his 2000 Toyota Tundra Access Cab pick-up truck, causing extensive damage to it.

DISCUSSION: This incident was investigated by Bret Scovill, Sanitation Division Manager, who found that on June 16, 2017, a City Sanitation Division employee was driving a Sanitation vehicle north on Flood Avenue at the same time Mr. Arita's truck approached going southbound. As both vehicles neared each other just north of Symmes Street, the City vehicle crossed the center line and struck the front fender of Mr. Arita's truck. Damage continued to occur down the truck's left side as the City vehicle continued to move forward against it, eventually pushing the truck off of the road, leaving it wedged between the City vehicle and a nearby tree. This caused additional damage to the right side of the truck.

At the time of the incident, the truck was hauling a trailer that contained various pieces of mowing equipment however Mr. Arita does not own any of these particular items so a separate claim has been filed by the owner for the cost of their replacement.

Three (3) repair estimates were submitted regarding the damage Mr. Arita's pick-up truck received in this incident, with the lowest estimate being $12,747.05, an amount significantly more than the truck is worth. The Kelley Blue Book online guide places the value of the truck in the range of $4,126 - $4,764 for good to very good condition.

As indicated above, there appears to be possible negligence on the part of the City in this matter and staff recommends payment o...

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