COUNTY OF SANTA CRUZ 0015

OFFICE OF THE COUNTY COUNSEL 701 OCEAN STREET, SUITE 505, SANTA CRUZ, CA 95060-4068

(831) 454-2040 FAX: (831) 454-2115

DANA MCRAE, COUNTY COUNSEL Chief Assistant Assistants Special Counsel Rahn Garcia Harry A. Oberhelman III Tamyra Rice David Kendig Dwight L. Herr

Samuel Torres, Jr. Pamela Fyfe Miriam L. Stombler Deborah Steen Mane Costa Julia Hill Don Gartner Jane M. Scott Shannon M. Sullivan

GOVERNMENT TORT CLAIM

RECOMMENDED ACTIGN

Agenda March 2 3 , 2004

To: Board of Supervisors

Re: Claim of Jesus Medina R i o s , No. 304-0858

Original document and associated materials are on file at the Clerk to the Board of Supervisors.

In regard to the above-referenced claim, this is to recommend that the Board take the following action: Jesus Medina R i o s , No. 304-0858

x 1. Reject the claim of and refer to County Counsel.

and refer to County Counsel.

and refer to County Counsel.

2. Deny the application to file a late claim on behalf of

3. Grant the application to file a late claim on behalf of

4. Approve the claim of in the amount of

5. Reject the claim of as insufficiently filed and reject the balance, if any, and refer to County Counsel.

and refer to County Counsel.

cc: Tom Bolich, Director RISK MANAGEMENT Department of Public Works

BY Janet McKinley, Risk M&er

DANA McRAE, COUNTY COUNSEL

PER5107 Word Rev 11/2003

1. Claimant's Name:

TO: BOARD OF SUPERVISORS COUNTY OF SANTA CRUZ

A m : Clerk of the Board Governmental Center

701 Ocean Street, Santa Cruz, CA 95060

JESUS MEDINA RIOS

CRUZ

09 1

Address: 2500 Soquel Drive , # 1 2

Santa Cruz,, California 95060

Phone No : (831) 7%+?929 4-76- 902 4 P.O. Box to which notices areto be sent:

2. Occurrence: Auto VersuSPedestrian accident in unsafe crosswalk. Date:08/3 ,7/03 place: Soquel Drive at, Winkle Avenue

Circumstances of occ.urrence or transaction giving rise to claim: Jesus Me d i n a R i os was struck

by a car while lawfully crossinq Soquel Drive in the marke'd crosswalk.

(Police Report 2003080206 attached)

3. General description of indebtedness, obligation, injury, damage or loss incurred so far as is now known:

The crosswalk is unsafe. The County knew or should have known there

was a substantial risk of harm to pedestrians. Jesus Medina Rios suffer6

severe personal injuries: his wife Maria M. Reyes has and will suffer oSs of consortium; Anna P. Rios saw the incident occur and suffered Severe emotior

4. Name(s) of public ernployee(s) causing injury, damage or loss, if known: a1 distress (Dillon v . UNKNOWN Legg 1

. - 3. Amount claimed now . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . S \ 07,575. f F-

7. If the amount claimed is over S 10,000, indicate the court of jurisdiction: i

Municipal Court SANTA CRUZ COUNTY Superior Court

CLAIMANT'S S I G N A T U ~ J F- A .'

Note: Claim must be presented to Clerk, B6ard of Supervisors, within six (6) months after the act which occasioned the injury,

. .

751 South Bascorn Ave. San Jose, Ca 95121.

(408) 885-5000

..: .. .. , . . . . . . . . .

G017

IMPORTANT

THIS LETTER IS NOTIFICATION THAT YOU HAVE MADE NO RESPONSE .TO OUR REQUEST FOR BILLING INFORMATION.

Unpaid Account Balance: Medical Record Number: Patient Account Number:

There has been no response fiom you on our request for billing information on your account.

If you have no coverage you may qualify for Santa Clara Valley Medical Center's AbiZity to Pay program (APD). However, you must contact me to apply for this program.

Your account will be transferred to Santa Clara County Department of Revenue in two weeks if a payment source is not identified,

I can be reached at (408) 8 8 5 - w .

Respectfully,

Financial Counselor Santa Clara Valley Medical Center

I

c

* This total does not include Professional Fees and may be subject to late charges.

A l p 2 . 0 4 5

American Medical Response P.O. Box 3429

7 Modesto, CA 95353 7 November 11, 2003

0 0 1 8

JESUS MEDINA 2500 S.OQUEL DR APT Dl2 SANTA CRUZ CA 95065- 1966

AMERICAN MEDICAL RESPONSE FILE 73329 PO BOX 60000 SAN FRANCISCO, CA 94160- 3329

A M

0 R

3 W

Patient Name: JESUS MEDINA Account Number: 002457776

Trip Number: 4 3 0 0 3 2 3 9 1 8 7 0 0 Date of Service: August 27, 2003 Balance Past Due: 1349.40

Dear JESUS MEDINA:

Your account is severely past due. Please remit the balance due immediately. If payment in full is not received within ten days, the unpaid invoice may be placed with an outside collection agency for additional-action.

If you're experiencing financial difficulties, alternative payment arrangements may be available. Please contact an AMR Patient Care Representative immediately at ( 8 0 0 ) 913- 9106.

Thank you,

Patient Business Services

Y

sc1

(. . Make Check Payable To:

RE: T i c k e t N o . : S831Tl83215 D a t e af S e r v i c e : r;58/’27/83 B a l . a n c e T h i s T i c k e t : $7, i61. 77

(30.1 9

N o v e m b e r 4 , ZtlaQ3

R c c t : 3373

Y o u r a c c o u n t b a l a n c e for a m b u l a n c e s e r v i c e s shown a b o v e i s n o w SERIOUSLY FQST DUE. O u r C o l l e c t i o n s M a n a g e r is now r e v i e w i n g y o u r - a c c o u n t t o a r r a n g e p l a c e m e n t w i t h a n o u t s i d e c o l l e c t i o n a g e n c y . U n f o r t u n a t e l y , if f u l l p a y m e n t o r s a t i s f a c t o r y a r r a n g e - m e n t s a r e n o t r e c e i v e d w i t h i n 38 d a y s , your- a c c o u n t w i l l b e r e f e r r e d t o an agency f o r immediate c o l l e c t i o n .

H e l p 1-15 p r o t e c t your- c r e d i t r e c o r d , b y m a k i n g p a y m e n t t o d a y . I f y o u h a v e any q u e s t i o n s , o r w i s h t o m a k e p a y m e n t a r r a n g e m e n t s , ca l l o u r C u s t o m e r S e r v i c e C e n t e r i m m e d i a t e l y , at t h e t e l e p h o n e n u m b e r shown a b o v e .

. . _. , . . . . . . . . . . . _ . _ , _

S A T E ?\ CAI.1FORNIA

TRAFF[C.COLLISION REPORT ' CHP 555 CARS Page 1 (Rev 8/98) OPI 042 12 9 70 %e 1 01 8

SPECUL CONDITIONS LOCAL REPORT NUMBER Crpl JIJDICV\L DISTRICT W b R W M E R lKluIED mDHT

1

SANTA CRUZ 21 [7 0

UNMC SANTA CRUZ n N W E R K U E D REPORTING DISTRICT SEAT RlRd

YISOEUEANOR 2003080206

COLLISION OCCURRED ON: NClC # MO DAY YEA TIME (2400) OFFICER 1.D.

2 I7392 9720 . 1530 SOQUELDR I08/27/2003 i ,

DAY OF WEEK MILEPOST INFORMATIDN: 1 TOW AWAY 1 PHOTOGRAPHS BY: n N O N E . WEDNESDAY S . ZILGE n YES NO

U

j 3 m A T INIERSECTlON WITH:

- STATE HWY REL

I , I I I I DRIVER W ( F I R S T . MIDDLE, LAST) n U

TRUH PEDES STREET ADDRESS

PARKED VEHICLE

CITY I STATE I ZIP

r i 1 I I

n E'& SEX

PACE BIRTtDATE WEIGHT HEIGM EYES HAIR Mc my Year

U 1 I OTHER HOME PHONE BUSINESS PHONE

INSURANCE URRlER POLICY NVMBER

OWNER'S N4ME 0 SAME AS DRIVER

PRIOR MECH4NCW.L DEFECTS NONE APP. FER TO W R A T N E

VEHICLE IDEKnFlCATlON NUMBER:

, CHP USE omr . DESCRIBE MHICLE DAUAGE SHADE IN DAMAGED AREA

i VEHICLEPIPE n U N K n N O N E n M I N O R

I

rATE Ok CAL:FORN!A

'RAFFIC COLLISION CODING. ' G02 i :HP 555 CARS Page2 (8/98) OPI 042 ' Page 2 of 8

.- kTE OF COLLISION WO. DAY YEAR) OFFICER I.D. NClC I TIME(24W) NUMBER

18/27/2003

'ROPERTY

2003080206 17392 9720 1530 OWNER OWNER ADDRESS NOTIFIED

D E S U N O DAMAGE DESCRIPTIGU OF DAMAGE

SEATING POSITION

1 - ORNER 2 TO 6 - PASSENGERS 7 - STA. WGN REAR 8 - RR. OCC TRK OR VAN 9 - POSITION UNKNOWN 0 - OTHER

~- ITEf

PRlMARY COLLISION FACTOR

I OTHER IMPROPER DRIVING'

I WEATHER (MARK 1 TO 2 ITEMS)

I D SNOWING ' 1 E FOG lVlSlBlLlTY F r . I F OTHER:' I G WIND

LIGHTING

I E DARK - STREET LIGHTS NOT - ~- 1 FUNCTIONING' ROADWAY SURFACE

I c SNOWY- ICY I D SLIPPERY (MUDDY. OILY, ETC.)

ROADWAY COND[TION(S) (MARK 1 TO 2 ITEMS)

1 F FLOODED' I G OTHER':

x 1 H NO UNUSUAL CONDmlONS

T OCCUPANTS M/C BICYCLE- HELMET

EJECTED FROM VEHICLE L - AIR BAG DEPLOYED

A - NONE IN VEHICLE M -AIR BAG NOT DEPLOYED B - UNKNOWN N - OTHER C - LAP BELT USED D - LAP BELT NOT USED E - SHOULDER HARNESS USE0 CHILD RESTRAINT

0 - NOT EJECTED 1 - FULLY EJECTED

DRNER 2 - PARTIALLY EJECTED

w -YES P - NOT REQUIRED V- NO 3 - UNKNOWN

SKETCH FOR SKETCH DIAGRAM, SEE PAGE 4 MISCELLANEOUS

INDICATE NORTH

;TAT€ OF CALlFPRNlA ' ' .

NJURED I WITNESSES I PASSENGERS :HP 555 CARS Pane 3 (Rev 8/98) OPI 042 DATE OF COLLISION (MO. DAY YEAR) I TIME(2400) I NCICX 1 OFFICER 1.0. I NUMBER 1 )8/27/2003 2003080206 17392 9720 1530

I I 1 I I I I I I WTTNEss PASSENGER

ONLY "*' PARTY INJURED WAS ('X' ONE) EXTENT OF INJURYrX' ONE) SEX AGE

MJ~y NUMBER EQUIP. POS. EJECTED

INJURY I W R Y INJURY OTHER vts'BLE

O ~ E R B l a Y u t s T PED. PASS. DRIER ":F;hrn P 0 2 0 001x1 0 0 @ 6 4 M

NAME I D.O.B. I ADDRESS TELEPHONE

JESUS MEDINA (08/24/1939) 2500 SOQUEL AVE #12 SANTA CRUZ CA 95060 (83 I )475-9029

AMR DOMINICAN HOSPITAL (INJURED ONLY) TRANSPORTED BY: TAKEN TO:

DESCRIBE INJURIES: BROKEN RIGHT LEG, COMPLAINT OF PAM TO THE HEAD AND BACK.

I I I

NAME I D.O.B. I ADDRESS TELEPHONE

MARY ALICE VALLES (1 1/03/1942) 100 N. RODEO GULCH RD.#14 SOOUEL CA 95073 (831)475-4016 (INJURED ONLY) TRANSPORTED BY: TAKEN TO:

DESCRIBE INJURIES:

VICTIM OF VIOLENT CRIME NOTIFIED

NAME I D.O.B. I ADDRESS TELEPHONE

(INJURED ONLY) TRANSPORTED BY TAKEN TO:

DESCRIBE INJURIES:

n VICTIM OF VIOLENT'CRIME NOTIFIED

1 0 . 1 I l c l l o l I l o l o l o l lo1 I I NAME I D.O.B. I ADDRESS TELEPHONE

(INJURED ONLY) TRANSPORTED BY: TAKEN TO:

DESCRIBE INJURIES:

VICTIM OF VIOLENT CRIME NOTIFIED

NAME I D.O.B. I ADDRESS TELEPHONE

(INJURED ONLY) TRANSPORTED BY: TAKEN TO:

i DESCRIBE INJURIES:

U

NAME I D.O.B. I ADDRESS TELEPHONE

(INJURED ONLYj TRANSPORTED BY: TAKEN TO.

D E S C I INJr U

P W W E R S NAME REVIEWER'SNAME MO. DAY MO. DAY YEAR I.D. NUMBER

~ D. MOYER 17392 08/27/2003

' [. ' , W A ~ E OF CALIFORNIA

7'. , -.,. .. .

0 9 2 3

Winkle Ave.

Scene Description

I. Double Yellow tines 2. Concrete Sidewalk' 3. white t ine 4. Broken mite tine

6. Raised Concrefe Median 7. Stop Sign . 8. Asphalt Shoulder

. 5. white Limit tine ..;

t

lo'@ E-2

5' -

I

I I

P-.

I

4

v- I -

Asphalt Roadway

@ Soqu.el Dr.

PREPARER'S NAME DATE REVIEWERS NAME DATE 1

Scene Descriptlon

f . Double Yellow Unes 2 Concrefe Sidewalk 3. whife Line 4. Broken white Une 5. White Limit Ljne . .: 6. Raised Concrete Median . 7. Slop Sign .

.- 8. Asphait Shoulder

c 6' t

- . I 1 2'

I

- .

I 2' I

1

Winkle Ave.

-16'- SIB NIB .

0

A A I

0 10' 0" 20' 0" - 6,- Soquel Dr.

w-2

, .w-I

c

1

2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

35

36 37 38 39 40 41

I

STATE OF CALIFORNIA * NARRATIVE/SUPPLEMENTAL-.- 0 0 2 5

PAGE 6 OF 8 DATE OF INCIDENT TIME NClC NUMBER OFFICER I.D. NUMBER 08/27/2003 1530 9720 17392 2003080206

-pL

FACTS

NOTIFICATION

I received a call from Monterey Dispatch of an injury collision at q533 hours. I responded from SR-1 and Freedom Blvd. and arrived on scene at 1546 hours.

All times, speeds, and measurements are approximate. All measurements were obtained by roll meter.

SCENE DESCRIPTION

This collision occurred within the intersection of Soquel Dr. and Winkle Ave. This intersection is located within an unincorporated part of Santa Cruz County. Soquel Dr. at this location is an east-west aligned, asphalt paved, two laned roadway that is controlled by stop signs. The speed limit on Soquel Dr. is 35 MPH and the lanes are 12 feet wide. Winkle Ave intersects with Soquel Dr. from the north making a three-way intersection. There were no vision obstructions noted or claimed. The weather was sunny and dry at the time of the collision. Refer to the factual diagram.

PARTIES

PARTY #l[P-I, Vilhauer) was located standing near his vehicle at the collision site. He was identified by his California driver's license. He was established as the driver of V-I by all statements.

VEHICLE #I (V-I, GMC) was located on the north side Soquel Dr. in a store parking lot. V- P sustained minor damage to the front end of the vehicle. No prior damage or mechanical defects were noted or claimed. V-I was moved prior to CHP arrival.

PARTY #2 (P-2, Medina) was located lying in the west bound lane of Soquel Dr. East of the west crosswalk prolongation. He was identified by his statements and by his family who arrived at the scene after the collision.

See Sketch and factual Diagram

STATEMENTS

Party #I [P-I ,Vilhauer) related that he was diving V-I westbound in the # I lane of Soquel Dr. and came to a stop at the three way intersection of Winkle Ave. There was a small white ear that slowed to the stop sign in the #2 lane and accelerated through the

PREPAREDBY I.D. NUMBER DATE REVIEWERS NAME D. MOYER 17392 08/27/2003

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1 2 3 4 5 6 7 8 9

10 I 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

STATE OF CALIFORNIA * ~JRRATIVEEUPPLEMENTA~ PAGE 7 OF 8

DATE OF INCIDENT TIME NClC NUMBER OFFICER I.D. NUMBER -

08/27/2003 1530 9720 17392 2003080206

STATEMENTS CONTINUED

intersection at his right. P- I looked left and right to check for pedestrians and proceeded ; through the intersection. As he crossed the west cross walks of Soquel Dr. and Winkle Ave. he realized that a pedestrian was directly in front of V-I . He made eye contact with P-2 just as the front bumper and grill collided with the left side of P-2. P-I stopped V-I as fast as he could and called 91 I. P-I stayed with P-2 and attempted to render aid until help arrived.

P a m #2 (P-2,Medina) Due to P-2’s injuries, he was not able to make a statement at the scene and we have not been able to contact him since the collision.

WITNESS #? (W-I, Valles) related in essence that she stopped in the eastbound lane of Soquel Dr. three cars back from the west crosswalk prolongation of Winkle Ave. While she was stopped she was watching P-2 cross the west crosswalk of Soquel Dr. He was pulling a small metal laundry cart,‘ loaded with 5-gallon water bottles. As P-2 crossed the westbound lanes in the crosswalk he was struck by the front bumper of V-I . W-I stayed at the scene with P-2 until help arrived.

OPINIONS AND CONCLUSIONS

(Based on statements and physical evidence)

SUMMARY

P-I was driving V- I W/B on Soquel Dr. in the # I lane and came to a stop at the east crosswalk prolongation of Winkle Ave. P-I was crossing the west crosswalk of Soquel Dr. and Winkle Ave. walking south. He was pulling a small basket with wheels that was

28. carrying two full 5-gallon water jugs. A white car pulled along side-V-l in the #2 lane of 29 Soquel Dr. and came to a quick stop then proceeded through the intersection. P-I checked 30 left, and then right to make sure it was clear but was not looking directly ahead as he 31 proceeded through the intersection. As V-1 crossed the west crosswalk P-I saw P-2 and 32 attempted to stop. The front bumper and grill of V-1 struck P-I, throwing him to the ground. 33 P-I stopped V-I in the crosswalk before running over P-2. P-2 ended up lying in the #I 34 lane west of Winkle Ave. V-I was moved by P-I to the parking lot on the northwest corner 35 of the intersection. P-I stayed with P-2 to render aid until helped arrived. This summary is 36 based on the statements of P-I and W-1 . 37 38 AREA OF IMPACT(AO1) c

39 40 AOI # I (V-I VS P-2) was determined by P-l’sand W-1’s statement. AOI was measured and 41 found to be 23 feet south of the north roadway edge of Soquel Dr and 2 feet east of the 42 west crosswalk prolongation of Winkle Ave.

PREPARED BY I.D. NUMBER DATE REVIEWERS NAME DATE D. MOYER 17392 08/27/2003

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STATE OF CALIFORNIA’ I

I

NARMTIVEEUPPLEMENTAL ‘0027 A G E 8 OF 8 DATE OF INCIDENT TIME NClC NUMBER OFFICER I.D. NUMBER 08/27/2003 1530 9720 17392 2003080206

I 2 3 4 5 6 7 8 9

10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24

A01 #2 (P-2 VS the roadway) was determined by P-1’s statement and the physical evidence. A01 was measured and found to be 23 feet south of the north roadway edge of Soquel Dr and 9 west of the Winkle Ave prolongation.

CAUSE

P-I caused this collision by driving V-I in violation of 21 950(a) VC. The California Vehicle Code states that the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk. An associated factor in this collision was the inattention of P-I .This cause is based on the statements of the P-1 W-1 the damage to V- I I and injury to P-2.

RECOMMENDATIONS

I recqmmend that a copy this investigation be forwarded to the Santa Cruz County District Attorney’s office for the filling of a complaint against P-I (Vilhauer) for the violation of California Vehicle Code section 21950(a) failing to yield the right of way to a pedestrian in a crosswalk.

PREPAREDBY I.D. NUMBER DATE REVIEWER’S NAME DATE D. MOYER 17392 08/27/2003