File #: SC-1718-5    Version: 1 Name: Special Claim from NMD Holdings d/b/a Norman Mitsubishi
Type: Special Claim Status: Passed
File created: 9/5/2017 In control: City Council
On agenda: 9/12/2017 Final action: 9/12/2017
Title: SPECIAL CLAIM SC-1718-5: SUBMITTED BY NMD HOLDINGS D/B/A NORMAN MITSUBISHI IN THE AMOUNT OF $3,431.14 FOR DAMAGE TO THEIR VEHICLE AS A RESULT OF AN ACCIDENT WITH A SANITATION VEHICLE IN THE PARKING LOT OF 2539 WEST MAIN STREET.
Attachments: 1. Text File Mitsubishi.pdf, 2. City Clerk Memo, 3. Tort Claim, 4. Estimate, 5. Photographs

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SPECIAL CLAIM SC-1718-5:  SUBMITTED BY NMD HOLDINGS D/B/A NORMAN MITSUBISHI IN THE AMOUNT OF $3,431.14 FOR DAMAGE TO THEIR VEHICLE AS A RESULT OF AN ACCIDENT WITH A SANITATION VEHICLE IN THE PARKING LOT OF 2539 WEST MAIN STREET.

 

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BACKGROUNDA claim was filed by NMD Holdings d/b/a Norman Mitsubishi in the amount of $3,431.14 for damages their vehicle received on or about June 16, 2017, when it was struck by a City of Norman Sanitation vehicle while it was parked at 2539 West Main Street.

 

DISCUSSIONThis incident was investigated by Casey Sides, Utilities Supervisor, and it has been determined that on or about June 16, 2017, a City Sanitation employee was emptying a trash bin in the parking lot of Jimmy’s Egg restaurant located at 2539 West Main Street.  As the employee began backing up the sanitation vehicle to empty the trash bin, the sanitation vehicle hit and caused damage to the claimant’s parked vehicle, a 2015 Chevrolet Silverado 1500 LT.

 

The Claimant has submitted three (3) estimates to repair the right rear side panel, bumper and tailgate of the Chevrolet Silverado and the lowest estimate is for $3,431.14.  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.  Claimant’s request in the amount of $3,431.14 appears reasonable.

 

RECOMMENDATIONBased upon the above and foregoing, it is the recommendation of the City Attorney’s office that the claim of NMD Holdings, L.L.C. d/b/a Norman Mitsubishi, in the amount of $3,431.14 as set forth above, be approved.