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SPECIAL CLAIM NO. SC-1314-10: A CLAIM IN THE AMOUNT OF $8,300.57 SUBMITTED BY EARNEST AND ANNE GAINES FOR DAMAGES TO THEIR VEHICLE AND CHARGES INCURRED DUE TO AN ACCIDENT WITH A SANITATION VEHICLE AT THE INTERSECTION OF THE INTERSTATE 35 SERVICE ROAD AND HIGHWAY 9.
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BACKGROUND: A claim has been filed by Earnest and Anne Gaines in the amount of $8,300.57 for damages to her vehicle as the result of an accident that occurred on September 4, 2013, when her vehicle was struck by a City of Norman sanitation truck at the exit ramp on Highway 9.
DISCUSSION: This incident was investigated by Monte Davis, Utilities Supervisor. According to the investigation and the official accident report, both vehicles were entering the on-ramp from State Highway 9 onto I-35. Mrs. Gaines was driving her vehicle in front of the City sanitation truck. She slowed to almost a stop to merge onto the service road. The City vehicle, driven by Robert Stroman, looked to his left and was unable to avoid Mrs. Gaines' vehicle which had slowed to a stop in front of him. The front of the City vehicle struck the rear of Mrs. Gaines' vehicle.
Mrs. Gaines' vehicle was a 2009 Honda Odyssey LX. She has provided an invoice for the repair to her vehicle in the amount of $8,300.57. Additionally, the City has paid a rental car invoice in the amount of $1,482.07 for rental car expense during the repair of her vehicle.
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 requested by Mrs. Gaines appears to be reasonable.
RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney's Office that the claim by Anne Gaines for damages to her vehicle in the amount of $8,300.57, as above set forth, be approved.