City of Chino
CA

Staff Report

Reject liability claim filed by Daniel Carpio submitted on September 21, 2017 for personal injury to his ankle after he allegedly tripped and fell over a broken water meter cover.

Information

Department:Human Resources DepartmentSponsors:
Category:Report

Budget String

Revenue: Expenditure: Transfer In: Transfer Out:

Body

BACKGROUND

On August 15, 2017 at approximately 2:00 p.m., the claimant was walking down San Antonio Drive when he alleges to have tripped and fell, injuring his ankle.  Mr. Carpio submitted documentation releasing him from Chino Valley Medical Center after being treated for an ankle sprain.  He was prescribed Ibuprofen and advised to follow up with his primary care physician.

 

ISSUES/ANALYSIS

On August 15, 2017 a call was placed to City Hall by Mr. Carpio stating that he had just injured his ankle on a broken sprinkler.  City water staff reported to the scene and confirmed the broken meter cover.  The area was coned off while a new meter cover was immediately installed.

The City had not received any calls for service for this location or specific water meter prior to the incident.  Once the City was notified of the hazard, it immediately responded to correct the issue. The meter cover lies in plain view along San Antonio Avenue. Accuweather.com confirms that the high temperature that day was 79 degrees.

When City water staff arrived on scene after receiving the phone call from Mr. Carpio, he was seen standing on his own two feet approximately 20-30 feet from the cover, in no obvious pain, pointing to the broken meter cover.  From the time City water staff received the call for service until the repair was made, approximately 40-45 minutes had passed.  Mr. Carpio was seen standing nearby showing no signs of injury nor did he make a request for medical attention.

Therefore, staff recommends that this claim be rejected and proper notification be sent to claimant.  Chino Municipal Code Section 3.70.070 provides that the City Council shall act on a claim in the manner provided in Government Code Section 912.4 and 912.6 within forty-five days after the claim has been presented.  If the City Council fails to act on any claim filed under this chapter, the claim will be deemed denied on the forty-fifth day after the claim was presented.

 

Meeting History

Nov 7, 2017 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:APPROVED [UNANIMOUS]
MOVER:Earl C. Elrod, Council Member
SECONDER:Gary George, Council Member
AYES:Gary George, Paul Rodriguez, Eunice M. Ulloa, Tom Haughey, Earl C. Elrod