File #: SC-1718-11    Version: 1 Name: Special Claim from Andrew J. Start
Type: Special Claim Status: Passed
File created: 11/28/2017 In control: City Council
On agenda: 12/19/2017 Final action: 12/19/2017
Title: SPECIAL CLAIM SC-1718-11: SUBMITTED BY ANDREW J. START IN THE AMOUNT OF $2,504.72 FOR DAMAGE TO HIS VEHICLE AS A RESULT OF AN ACCIDENT WITH A CITY RECYCLING BIN AT 2443 WEST MAIN STREET.
Attachments: 1. Text File Andrew Start Claim, 2. City Clerk Memo, 3. Notice of Tort Claim, 4. Estimate, 5. Photographs

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SPECIAL CLAIM SC-1718-11:  SUBMITTED BY ANDREW J. START IN THE AMOUNT OF $2,504.72 FOR DAMAGE TO HIS VEHICLE AS A RESULT OF AN ACCIDENT WITH A CITY RECYCLING BIN AT 2443 WEST MAIN STREET.

 

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BACKGROUNDA claim was filed by Andrew J. Start in the amount of $2,504.72, for damage to his vehicle that occurred at the City Recycling Center at 2443 West Main Street on October 4, 2017. 

 

DISCUSSIONThis incident was investigated by Monte Davis, Utilities Supervisor, and it has been determined that on October 4, 2017, a City Sanitation employee was in the process of hauling away a large bin from the Recycling Center at 2443 West Main Street.  As he attempted to drive past Mr. Start’s vehicle, he misjudged the distance between it and the bin he was hauling and subsequently struck the right rear portion of the vehicle. 

 

Mr. Start submitted three (3) estimates for the repair of the rear bumper, rear lamps and pick-up box (bed) of his 2004 Nissan Titan Crew Cab pick-up truck, with the lowest estimate being $2,504.37. 

 

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.  The amount of Mr. Start’s claim, $2,504.37, appears reasonable.

 

RECOMMENDATIONBased upon the above and foregoing, it is the recommendation of the City Attorney’s office that the claim of Andrew J. Start, in the amount of $2,504.37 as set forth above, be approved.