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File #: SC-1516-4    Version: 1 Name: SC-1516-4 Claim submitted by Carmelita Burris
Type: Special Claim Status: Passed
File created: 11/18/2015 In control: City Council
On agenda: 12/8/2015 Final action: 12/8/2015
Title: SPECIAL CLAIM SC-1516-4: A CLAIM IN THE AMOUNT OF $1,962.18 SUBMITTED BY CARMELITA BURRIS FOR DAMAGES TO HER VEHICLE DUE TO AN ACCIDENT WITH A PARKS AND RECREATION MOWER AT THE INTERSECTION OF SHERWOOD DRIVE AND ALAMEDA STREET.
Attachments: 1. Text File Claim, 2. Burris Tort Claim, 3. Burris Accident Report

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SPECIAL CLAIM SC-1516-4: A CLAIM IN THE AMOUNT OF $1,962.18 SUBMITTED BY CARMELITA BURRIS FOR DAMAGES TO HER VEHICLE DUE TO AN ACCIDENT WITH A PARKS AND RECREATION MOWER AT THE INTERSECTION OF SHERWOOD DRIVE AND ALAMEDA STREET.

 

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BACKGROUNDA claim has been filed by Carmelita Burris in the amount of $1,962.18 for damage to her vehicle, a 2011 Chevrolet Equinox.  The damages occurred on October 6, 2015, when a City of Norman mower struck her car at Sherwood Drive and Alameda Street.   

 

DISCUSSIONThis claim was investigated by Jud Foster, Director of Parks and Recreation.  According to his investigation and the accident report, Ms. Burris’ vehicle was stopped at a stop sign at the intersection of Sherwood Drive and Alameda Street while waiting to enter Alameda Street.  Mr. Foster’s investigation confirms that Brandon Rhodes, Parks and Recreation employee, was mowing in the area at the time and was unable to stop the mower which caused him to strike the rear of Ms. Burris’s vehicle.

 

Ms. Burris obtained three estimates regarding the damage to her vehicle with the lowest estimate being $1,952.18. Additionally, at the time of the accident, Ms. Burris’ decorative license plate was destroyed.  This decorative license plate is valued at $10 and is included in Ms. Burris’ claim which makes the total amount of Ms. Burris’ claim $1,962.18. 

 

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 claim in the amount of $1,962.18 from Ms. Burris’ appears reasonable.

 

RECOMMENDATIONBased upon the above and foregoing, it is the recommendation of the City Attorney’s office that the claim of Carmelita Burris in the amount of $1,962.18 be paid.