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HomeMy WebLinkAboutM06041999 RISK MANAGEMENT COMMITTEE MINUTES June 4, 1999 Prosecuting Attorney Juelie Dalzell and Risk Manager David Goldsmith met to discuss the following claims for damages. Public Works Interim Director Frank Gifford was present to answer any questions relating to claims against the Public Works Department. Claims Coordinator Erin Lundgren was also present. CLAIMS CLAIMANT: Laura Souza CLAIM NO: #C-10-99 DAMAGES: $350.55+ ALLEGATION: Physical injury to wrists,left leg, neck and shoulders resulting from tripping and falling over a pallet in a County building. DISCUSSION: Risk Manager David Goldsmith stated that when the Committee previously reviewed this claim (see minutes of April 28, 1999)they agreed to recommend paying only the medical expenses not covered by the claimant's health insurance and that the Risk Manager would write a letter to the claimant requesting that she submit documentation of her out-of-pocket medical expenses. He stated that he sent a letter to the claimant and met with her to discuss the incident. Given the complexity of determining the degree of negligence of each party, he suggested recommending the claim be paid in full($350.55 total)upon verification of the claimant's wage rate and time loss. Prosecuting Attorney Juelie Dalzell agreed and stated that prolonging a decision on this claim in order to apportion liability would take a great deal of County staff time and cost the taxpayers much more than the amount of the claim. DECISION: The Risk Manager and Prosecuting Attorney will recommend to the Board of County Commissioners that the entire claim be paid. CLAIMANT: Kim Bailey CLAIM NO: #C-13-99 DAMAGES: $85,000.00+ ALLEGATION: Mud slide destroyed home and property due to the County's failure to inspect the situation and take preventative actions. CLAIMANT: David & Rita Keisling CLAIM NO: #C-14-99 DAMAGES: To be determined ALLEGATION: Damage to property causing evacuation of home due to County's failure to timely clear culverts. RISK MANAGEMENT COMMITTEE MINUTES-JUNE 4, 1999 Page 2 DISCUSSION: The Prosecuting Attorney and Risk Manager reviewed the details of these claims together as the claimants are neighbors with similar allegations and are represented by the same Attorney. The Public Works Department takes the position that the event was an act of God. Anomaly storm events of January through February 1999 created conditions deemed an emergency by State and County agencies. Risk Manager David Goldsmith stated that these claims were reviewed by the Washington Counties Risk Pool who assigned outside counsel to respond to them. After investigating both claims, counsel concluded that the damages were not caused by negligence on the part of Jefferson County, but rather the damages were the result of extraordinary flooding due to record breaking rainfall. Other conclusions: The 48 inch culvert under Arabian Lane was adequately sized to handle foreseeable storm events and exceed any applicable standards; water was flowing through the pipe on the day of the storm event, and the loss was not caused by blockage of the culvert; and the County put forth its best efforts to respond to numerous emergency situations. Counsel recommends the claims be denied. DECISION: Based on the investigation and the recommendation of counsel, the Risk Manager and Prosecuting Attorney agreed to recommend to the Board of County Commissioners that these claims be denied. CLAIMANT: Tillie J. Stevens CLAIM NO: #C-15-99 DAMAGES: To be determined ALLEGATION: Damaged property due to mud slide. DISCUSSION: The Risk Manager David Goldsmith stated that this claim is similar to claims#C-13-99 and#C-14-99 discussed earlier in the minutes, however, Ms. Stevens is not represented by counsel. Ile suggested that the claim be denied based on the same information gathered in the investigation of claims#C-13-99 and#C-14-99. Prosecuting Attorney Juelie Dalzell agreed. DECISION: The Risk Manager and Prosecuting will recommend to the Board of County Commissioners that the claim be denied. Meeting adjourned.