File #: SC-1718-16    Version: 1 Name: Special Claim from Bill's Dozer
Type: Special Claim Status: Passed
File created: 3/6/2018 In control: City Council
On agenda: 3/27/2018 Final action: 3/27/2018
Title: SPECIAL CLAIM SC-1718-16: SUBMITTED BY BILL'S DOZER IN THE AMOUNT OF $1,711.55 FOR DAMAGES TO THEIR TRUCK AS A RESULT OF AN ACCIDENT WITH A STREET DIVISION DUMP TRUCK ON NORTH PORTER AVENUE AT BANDERA TRAIL.
Attachments: 1. Text File, 2. Memo from City Clerk, 3. Notice of Tort Claim, 4. Repair Invoice, 5. Collision Report, 6. Photographs

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SPECIAL CLAIM SC-1718-16:  SUBMITTED BY BILL’S DOZER IN THE AMOUNT OF $1,711.55 FOR DAMAGES TO THEIR TRUCK AS A RESULT OF AN ACCIDENT WITH A STREET DIVISION DUMP TRUCK ON NORTH PORTER AVENUE AT BANDERA TRAIL.

 

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BACKGROUNDA claim was filed by Claimant, Bill’s Dozer, in the amount of $1,711.55 for damage their dump truck received when it was struck by a City of Norman Street Division dump truck on North Porter Avenue at Bandera Trail.

 

DISCUSSIONThis incident was investigated by Rocky Henkel, Street Superintendent, who found that on October 30, 2017, a dump truck owned by Claimant was headed northbound on North Porter Avenue while a City dump truck was traveling directly behind him.  As Claimant’s truck began to turn eastbound on Bandera Trail, the City truck failed to maintain adequate driving distance and subsequently struck the right rear of Claimant’s truck. 

 

The resulting damage to Claimant’s 2007 Peterbilt tri-axle dump truck necessitated the total replacement of three tires, a tire rim and the repair of one additional tire.  Claimant provided an invoice reflecting the total cost of this work which totaled $1,711.55.

 

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.  Bill’s Dozer’s claim, in the amount of $1,711.55, appears reasonable.

 

RECOMMENDATIONBased upon the above and foregoing, it is the recommendation of the City Attorney’s office that the claim of Bill’s Dozer, in the amount of $1,711.55 as set forth above, be approved.