File #: SC-1415-12    Version: 2 Name: Claim from Xiangyu Bing for vehicle damage
Type: Special Claim Status: Passed
File created: 2/9/2015 In control: City Council
On agenda: 2/24/2015 Final action: 2/24/2015
Title: SPECIAL CLAIM SC-1415-12: A CLAIM IN THE AMOUNT OF $1,658.54 SUBMITTED BY XIANGYU BING FOR DAMAGES INCURRED TO HER PARKED VEHICLE THAT WAS STRUCK BY A SANITATION VEHICLE AT 401 12TH AVENUE S.E.
Attachments: 1. Text File Bing Claim.pdf, 2. Memo from Clerk Bing Claim.pdf, 3. Tort Claim, 4. Bing Estimate
Title
SPECIAL CLAIM SC-1415-12:  A CLAIM IN THE AMOUNT OF $1,658.54 SUBMITTED BY XIANGYU BING FOR DAMAGES INCURRED TO HER PARKED VEHICLE THAT WAS STRUCK BY A SANITATION VEHICLE AT 401 12TH AVENUE S.E.
 
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BACKGROUND:  A claim has been filed by Xiangyu Bing for damage to her vehicle when a City sanitation truck struck the vehicle while it was parked in the parking lot in front of her condominium located at 401 12th Avenue SE on November 24, 2014.  The lowest estimate to repair Ms. Bing's vehicle is $1,658.54.  
 
DISCUSSION:  This incident was investigated by Gary Seal, Utilities Supervisor. According to his investigation, it was determined that the damage to Ms. Bing's vehicle was caused when the driver of the Sanitation Collection truck was turning around.  The driver did not allow enough clearance and struck Ms. Bing's vehicle.  
 
There appears to be possible negligence on the part of the City in this matter and consequently, potential liability on the City.  The estimate for the body damage repair of Ms. Bing's vehicle appears reasonable.
 
RECOMMENDATION:  Based upon the above, it is recommended by the City Attorney's Office that the claim of Xiangyu Bing in the amount of $1,658.54 for repair of her car be approved.