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HomeMy WebLinkAboutR-2004-166 3rd Quarter 2004 Claim ReportRESOLUTION NO. R-2004- 166 A RESOLUTION accepting and approving the 3rd Quarter 2004 Claim Report for the City of Yakima. WHEREAS, the City of Yakima self insures as to claims; and WHEREAS, the attached Claim Report contains information on the various claims submitted to the City of Yakima along with the disposition; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The attached and incorporated 3rd Quarter 2004 Claim Report, together with all payments and disbursements listed therein, is hereby accepted, approved, affirmed, and ratified. ADOPTED BY THE CITY COUNCIL this 19th day of October, 2004. Paul P. George, Mayor ATTEST: City Clerk MARSH CITY OF YAKIMA 3rd Quarter Claim REPORT - 2004 Prepared by: Joel Pearson, Senior Vice President Deb Krautwurm, Senior Vice President CITY OF YAKIMA CLAIM REPORT INDEX 1. 16 YEAR SUMMARY PAID CLAIM SUMMARY BASED ON YEAR OF OCCURRENCE 2. 2004 TYPE OF LOSS BREAKDOWN CLAIMS THAT OCCURRED AND WERE PAID IN 2004 3. 2004 DEPARTMENTAL SUMMARY CLAIMS THAT OCCURRED AND WERE PAID IN 2004 4. 2004 CLAIMS BY DEPARTMENT (DETAILED LISTING) CLAIMS THAT OCCURRED AND WERE PAID IN 2004 5. DETAILED LISTING OF OPENED & CLOSED CLAIMS 2004 ALL CLAIMS OPENED OR CLOSED IN 2004 6. CLOSED CLAIMS 01/01/2004 TO 09/30/2004 ALL CLAIMS CLOSED DURING 2004 16 YEAR SUMMARY CITY OF YAKIMA 16 YEAR CLAIM SUMMARY FOR THE PERIOD OF 01/01/2004 TO 09/30/2004 Total number of claims are based on the year in which they occurred, not the year they were reported. NUMBER OF CLAIMS 1989 1990 1991 1992 A Total Occurrences 101 90 109 112 B Open Claims 0 0 0 0 C Closed - No Payment 34 27 47 43 D Closed - With Payment 67 63 62 69 COST OF CLAIMS A Paid Claims $121,437.13 $117,642.44 $86,608.27 $246,315.63 NUMBER OF CLAIMS 1993 1994 1995 1996 A Total Occurrences 118 136 120 166 B Open Claims 0 0 1 1 C Closed - No Payment 57 64 49 44 D Closed - With Payment 61 72 70 121 COST OF CLAIMS A Paid Claims $256,527.50 $196,576.63 $214,359.92 $169,571.45 CITY OF YAKIMA 16 YEAR CLAIM SUMMARY PAGE 2 NUMBER OF CLAIMS 1997 1998 1999 2000 A Total Occurrences 169 155 114 97 B Open Claims 2 1 0 3 C Closed - No Payment 44 55 41 33 D Closed - With Payment 123 99 73 61 COST OF CLAIMS A Paid Claims $286,141.63 $7,238,545.30 (1) $245,114.49 $162,058.50 (1) The claim summary for the year 1998 includes the case of Murphy, et al. v. City of Yakima, et al., Yakima County Superior Court Cause No. 99-2-00611-8, which was a class action case alleging damages due to wastewater odors with approximately 3500 residents in the defined class area. The initial damage claims were filed on May 14, 1998; for the purpose of this claim summary only, an occurrence date was assigned of May 14, 1998. Plaintiffs alleged a continuing occurrence. In 2003, the case settled for $7,000,000. NUMBER OF CLAIMS 2001 2002 2003 2004 A Total Occurrences 126 162 137 94 B Open Claims 5 15 10 37 C Closed - No Payment 47 48 32 20 D Closed - With Payment 74 99 95 37 COST OF CLAIMS A Paid Claims $264,622.83 $405,110.19 $162,846.10 $47,075.81 Compiled on 10/06/2004 from the records of Zaremba Claims Service, Inc. Paid Claims 400,000.00 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 0.00 CITY OF YAKIMA Paid Claims IN Total Paid 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 (1) The claim summary for the year 1998 includes the case of Murphy, et al. v. City of Yakima, et al., Yakima County Superior Court Cause No. 99-2-00611-8, which was a class action case alleging damages due to wastewater odors with approximately 3,500 residents in the defined class area. The initial damage claims were filed on May 14, 1998; for the purpose of this claim summary only, an occurrence date was assigned of May 14, 1998. Plaintiffs alleged a continuing occurrence. In 2003, the case settled for $7,000,000. 2004 TYPE OF LOSS BREAKDOWN CITY OF YAKIMA SUMMARY OF THIRD PARTY CLAIMS BY TYPE OF LOSS CLAIMS THAT HAVE BEEN PAID AND OCCURRED DURING THE PERIOD FROM 01/01/2004 TO 09/30/2004 TYPE OF CLAIM OPEN CLOSED PAID TO DATE Automobile Liability 5 12 1,944.26 Errors & Omissions 4 3 249.34 General Liability 28 42 44,882.21 TOTALS ALL DEPARTMENTS 37 57 Compiled on 10/06/2004 from the records of Zaremba Claims Service, Inc. $47,075.81 CITY OF YAKIMA SUMMARY OF THIRD PARTY CLAIMS BY TYPE OF LOSS BASED ON PAID AMOUNT • ■ Automobile Liability ■ Errors & Omissions ■ General Liability 2004 DEPARTMENTAL SUMMARY CITY OF YAKIMA DEPARTMENTAL THIRD PARTY LIABILITY CLAIMS SUMMARY CLAIMS THAT HAVE BEEN PAID AND OCCURRED DURING THE PERIOD FROM 01/01/2004 TO 09/30/2004 TYPE OF CLAIM OPEN CLOSED TOTAL PAID General Administration 0 0 Parks and Recreation 3 4 Public Works 0 0 Refuse 2 7 Water 2 3 Sewer 8 17 Police 5 4 Streets 7 15 Fire 1 0 Transit 3 2 Engineering 5 3 Animal Control 0 0 Other - Unallocated 1 2 Community and Economic 0 0 0.00 1,354.39 0.00 1,293.70 500.00 40,536.20 249.34 2,056.21 0.00 0.00 1,085.97 0.00 0.00 0.00 TOTALS ALL DEPARTMENTS 37 Compiled on 10/06/2004 from the records of Zaremba Claims Service, Inc. 57 $ 47,075.81 Departmental Third Party Liability Claims for 2004 Based on Paid Amount ® General Administration ■ Parks and Recreation ❑ Public Works ® Refuse M Water ❑ Sewer ■ Police ■ Streets ■ Fire ■ Transit ■ Engineering ■ Animal Control ■ Other - Unallocated ■ Community and Economic 2004 CLAIMS BY DEPARTMENT (Detailed Listing) CITY OF YAKIMA Summary of Third Party Claims for the Department of Parks and Recreation For the period from 1/1/2004 to 9/30/2004 Paid File / Date of Loss Claimant / Description Site / Operator Status ToDate Automobile Property CTY24058 TYLER, CARROL & ELLEN TAHOMA CEMETARY CLOSED $675 56 1/152004 CITY BACKHOE DAMAGED HEADSTONE CTY24095 BAUER, ERMA TAHOMA CEMETARY OPEN $0 00 2/12004 CITY BACKHOE DAMAGED HEADSTONE Total Paid for Automobile Property $675 56 General Liability CTY24074 BISSELL, CAMILLE & JOHN 'B' STREET BETWEEN 4TH STRE CLOSED $50 00 6/142004 CLAIMANT SLIPPED AND FELL ON SIDEWALK CTY24044 WOOD, CHRISTINA & CHARLES RANDALL PARK OFF OF 44TH A OPEN $0 00 4/172004 CLAIMANT ALLEGEDLY INJURED ANKLE ON BROKEN ASPHALT IN CITY PARKING LOT CTY24108 CASTEEL, EDDIE A. 3808 WEBSTER AVENUE IN YAK OPEN $0 00 5/12004 CLAIMANT VEHICLE DAMAGE FROM GOLF BALLS CTY24022 SMITH, RAY & ELAINE 1102 HATHAWAY IN ELKS PARK CLOSED $83 08 3/17(2004 CLAIMANT WINDOW BROKEN FROM ROCK THROWN BY CITY MOWER CTY24021 BEVERLY, BETTY 38TH AVENUE BETWEEN PARK CLOSED $545 75 3/14/2004 GOLF BALL DAMAGED CLAIMANT VEHICLE Total Paid for General Liability $678 83 Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC Total Paid AU Claims $1.354 39 Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Refuse For the period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile Property CTY24034 GRAF INVESTMENTS 316 N. 41ST AVENUE CLOSED $439 01 3/17/2004 CITY VEHICLE IMPACTED CORNER OF CLAIMANT BUILDING CTY24024 SLIMAN, ELVIE 1704 CORNELL AVENUE IN YAKI CLOSED $110 06 3/3/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY24076 HUDON, RICK & PAULA 2512 SUMMITVIEW AVENUE CLOSED $269 75 7/8/2004 REFUSE TRUCK DAMAGED CLAIMANT LAWN CTY24018 THOMAS, CINDY 1407 S 10TH AVENUE IN YAKIM CLOSED $224 01 2/11/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY24085 SCHNADER, DAGMAR ALLEY ENTRANCE BEHIND 2211 CLOSED $189 62 8/5/2004 CITY TRUCK DAMAGED CLAIMANT FENCE CTY24011 RAUERT, ROBERT & COLLEEN 417 N. 29TH PLACE IN YAKIMA CLOSED $36.25 1/8/2004 CITY VEHICLE BACKED INTO CLAIMANT DRIVE AND DAMAGED TIER LIGHT CTY24105 DONAHUE, JOSEPH & FERN 806 HILL DRIVE IN YAKIMA OPEN $0 00 9/13/2004 CITY REFUSE TRUCK DAMAGED CLAIMANT SPRINKLER Total Paid for Automobile Property $1168 70 General Liability CTY24092 STROUD, CARIANA 812 S 3RD AVENUE OPEN $0 00 5/1/2004 CITY REFUSE TRUCK SLAMS DOWN GARBAGE CAN, CAUSING DAMAGE TO CLAIMANT'S FENCE CTY24033 DAY, DEBRA 907 1/2 N 4TH STREET CLOSED $25 00 3/26/2004 REFUSE WORKERS ALLEGEDLY DAMAGED CLAIMANTS GARBAGE CAN Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC Total Paid for General Liability $25 00 Total Paid All Claims $1,293 70 Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Water For the period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate General Liability CTY24039 MORSE, ELAINE & EDWARD 1304 N 1ST STREET IN YAKIMA CLOSED $0 00 4/12/2004 CITY TURNED OFF WATER WITHOUT NOTICE TO CLAIMANT, CAUSING LOSS OF BUSINESS CTY24075 SMITH, KIMBERLY 806 W LOGAN IN YAKIMA CLOSED $0 00 3/25/2004 CLAIMANT DRIVEWAY SINKING AT ROADSIDE CTY24088 CLASSIC AUTO WASH 907 E. NOB HILL IN YAKIMA OPEN $0 00 8/17/2004 WET PAINT ON CITY VEHICLE DAMAGED CLAIMANT PROPERTY CTY24087 RAAP, DAN 2010 SUMMITVIEW AVENUE OPEN $0 00 8/12004 IRRIGATION LEAK CAUSED DAMAGE TO CLAIMANT RETAINING WALL CTY24001 HAYNES, ANDREW & KATHRYN 1417 LANDON AVENUE CLOSED $500 00 1/42004 CITY TOOK 3 1/2 HOURS TO SHUT OFF WATER AFTER PIPE BROKE Total Paid for General Liability $500 00 Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC Total Paid All Claims $500 00 Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Sewers For the period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate General Liability CTY24031 3/14/2004 CTY24023 3/9/2004 CTY24065 5/24/2004 CTY24003 1/4/2004 CTY24026 3/14/2004 CTY24027 3/6/2004 CTY24028 3/14/2004 CTY24029 3/14/2004 CTY24050 5/812004 CTY24068 6/6/2004 CTY24032 3/13/2004 CTY24046 3/14/2004 CTY24043 3/14/2004 CTY24112 8/14/2004 CTY24051 5/8/2004 KEATLEY, DARLA SEWER BACKUP HOON, GARY & ROSEMARY SEWER BACKUP COPELAND, JOSEPH AND DENISE SEWER BACKUP BASTARDO, FRANK & ESTHER SEWER BACKUP GARZA, DIANE SEWER BACKUP MACIAS, DENNIS SEWER BACKUP MCCARTNEY, DAVID SEWER BACKUP HOPE, JOHN & CINDY SEWER BACKUP YAKIMA VALLEY FARM WORKER'S CLINIC CLAIMANT VEHICLE ACCIDENT ALLEGEDLY CAUSED BY UNSECURED MANHOLE COVER THOMAS, CINDY SEWER BACKUP SEE THOMAS V CITY, CAUSE NO 04-2-02427-6 WENDT, HELEN SEWER BACKUP SHUMWAY, KIM SEWER BACKUP TIPTON, JAMES & ANNE SEWER BACKUP GOERZ, JAMES SEWER BACKUP MEDINA, PATRICIA & HECTOR CLAIMANT INJURED IN VEHICLE ACCIDENT ALLEGEDLY CAUSED BY UNSECURED MANHOLE COVER 4003 W LINCOLN AVENUE IN YA 1004 S 41ST AVENUE IN YAKIM 618 S 3RD AVENUE 620 W MEAD AVENUE IN YAKIM 4004 W LINCOLN AVENUE 509 E. SPRUCE STREET IN YAKI 4004 W LINCOLN AVENUE 40TH AND W LINCOLN AVENUE BETWEEN 41ST AND 42ND AVE 1407 S 10TH AVENUE 610 S 72ND AVENUE IN YAKIMA 402 N. 40TH AVENUE 4003 W LINCOLN & 402 N. 40TH 1403 12 "B" W LINCOLN AVENU BETWEEN 41ST AND 42ND ON Page 1 CLOSED $1,908 00 CLOSED $532.67 CLOSED $334 39 CLOSED $312.07 CLOSED $843 50 CLOSED $63 12 CLOSED $11,987 74 CLOSED $7,300 58 OPEN $0 00 OPEN CLOSED CLOSED CLOSED OPEN OPEN $0 00 $0 00 $399 50 $250 00 $0 00 $0 00 CITY OF YAKIMA Summary of Third Party Claims for the Department of Sewers For the period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate CTY24017 2/28/2004 CTY24010 1/26/2004 CTY24098 8/18/2004 CTY24012 1/31/2004 CTY24013 2/4/2004 CTY24099 8/23/2004 CTY24066 5/82004 CTY24015 2/17/2004 CTY24020 2/17/2004 CTY24055 5/14/2004 CARLSON, TIM SEWER BACKUP SANCHEZ, HUGO SEWER BACKUP DUFFIELD, RON & JESSICA SEWER PLUGGED VIVEROS, JESSICA & JACOB SEWER BACKUP BARRIGA, MARIA SEWER BACKUP RUSSO, DANIELLE CITY WORKER DAMAGED CLAIMANT BIRDBATH STATE FARM INSURANCE CLAIMANT VEHICLE DAMAGE ALLEGEDLY CAUSED BY UNSECURED MANHOLE COVER VINEYARD CHRISTIAN FELLOWSHIP SEWER BACKUP CONNECTIONS FELLOWSHIP SEWER BACKUP NELSON, HORATIO & LANAYA SEWER BACKUP Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC 4706 DOUGLAS AVENUE "D" STREET & N. 6TH STREET 1711 27TH AVENUE 709 S 18TH AVENUE 903 S 18TH AVENUE 222 N. 30TH AVENUE OPEN CLOSED OPEN CLOSED CLOSED OPEN BETWEEN 41ST AND 42ND ON OPEN 221 E. 'B' STREET IN YAKIMA VINEYARD CHURCH, 221 E. B S 312 N 25TH AVENUE Total Paid for General Liability Total Paid All Claims Page 2 CLOSED CLOSED CLOSED $6,793 51 $985 00 $0 00 $1,802.43 $2,186 86 $0 00 $0 00 $898 72 $1,121 33 $2,816.78 $40,536 20 $40,536 20 CITY OF YAKIMA Summary of Third Party Claims for the Department of Police For the period from 1/1/2004 to 9/30/2004 Paid File / Date of Loss Claimant / Description Site / Operator Status ToDate Bodily Injury Liability CTY24090 PETERSON, BRADLEY 1600 PACIFIC AVE BEHIND FAIR OPEN $0 00 7/18/2004 CLAIMANT INJURED IN VEHICLE ACCIDENT ALLEGEDLY CAUSED BY SPEEDING POLICE CARS Total Paid for Bodily Injury Liability $0 00 Errors and Omissions CTY24041 WHITE, JANET 2811 TIETON DRIVE IN YAKIMA CLOSED $0 00 2/10/2004 CLAIMS YPD AND YFD WRONGFULLY HAD HER COMMITTED TO MEMORIAL PSYCH UNIT CTY24104 MILLS, WYLIE YAKIMA, WASHINGTON OPEN $0 00 8/11/2004 ALLEGES FALSE ARREST, FALSE IMPRISONMENT, ELECTION FRAUD, AND SELECTIVE LAW ENFORCEMENT SEE MILLS VS CITY ET AL., CAUSE NO 04-2-02755-1 CTY24071 COOK, CARL 305 S 4TH STREET IN YAKIMA OPEN $0 00 6/23/2004 CLAIMANT MOTORHOME DAMAGED BY TAPE FROM IMPROPERLY PLACED IMPOUND NOTICE CTY24030 LEWIS, DWIGHT 713 N 5TH AVENUE CLOSED $0 00 3/24/2004 CLAIMANT'S DOOR DAMAGED BY POLICE CTY24035 ALEGRIA, TINA 1811 S. 8TH AVENUE IN YAKIMA CLOSED $249 34 4/12/2004 POLICE OFFICER DAMAGED CLAIMANT VEHICLE DURING SEARCH CTY24107 MILLS, WYLIE YAKIMA, WASHINGTON OPEN $0 00 9/13/2004 ALLEGES THEFT OF PERSONAL PROPERTY, EQUITY SKIMMING, FALSE ARREST, AND FALSE IMPRISONMENT SEE MILLS VS CITY ET AL, CAUSE NO 04-2-02810-7 Total Paid for Errors and Omissions $249 34 General Liability CTY24019 GARZA, JASON 512 W 3RD STREET IN WAPAT OPEN $0 00 2/26/2004 CLAIMANT BITTEN BY CITIZEN'S DOG WHILE ON JOB SHADOW WITH YPD OFFICER Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Police For the period from 1/1/2004 to 9/30/2004 Paid File / Date of Loss Claimant / Description Site / Operator Status ToDate CTY24064 WROBIEWSKI, KATHY TOP FOODS ON 1ST AND WASH CLOSED $0 00 6/72004 CLAIMANT ALLEGES IMPROPER TOWING AND SEARCH OF VEHICLE Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC Total Paid for General Liability Total Paid All Claims Page 2 $0 00 $249 34 CITY OF YAKIMA Summary of Third Party Claims for the Department of Streets For the period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile Property CTY24008 RAMOS, SERINA 1411 E. ALDER STREET IN YAKI CLOSED $0 00 1/8/2004 SNOW PLOW RAN OVER CLAIMANT GARBAGE CANS CTY24002 GONZALES, ANGEL NOB HILL AND FIRST STREET I CLOSED $0 00 1/6/2004 CLAIMANT VEHICLE ALLEGEDLY HIT BY SNOW PLOW AT INTERSECTION CTY24007 O'HARA, GERALD & LINDA 1402 S. 42ND AVENUE IN YAKIM CLOSED $0 00 1/13/2004 SNOW PLOW DAMAGED CLAIMANT LAWN Total Paid for Automobile Property $0 00 General Liability CTY24004 HESSENTHALER, WALTER 16TH AND MEAD IN YAKIMA CLOSED $606 51 1/8/2004 UNCOVERED MANHOLE DAMAGED CLAIMANT VEHICLE CTY24025 BLADOW, AMANDA 1900 W JAY STREET IN YAKIMA CLOSED $68 75 1/25/2004 CLAIMANT TIRE DAMAGE FROM POTHOLE CTY24006 BOSSERT, JAY & HILLARY 16TH AND MEAD AVENUE CLOSED $0 00 1/7/2004 CLAIMANT VEHICLE DAMAGE FROM OPEN MANHOLE CTY24009 RODRIGUEZ, IRMA BEECH STREET & CHAMLER CLOSED $159 90 1/20/2004 POTHOLE DAMAGED CLAIMANT VEHICLE CTY24061 LOSOYA, CRUZ TIETON DRIVE AND 28TH AVEN CLOSED $134 88 5/20/2004 CITY PAINT TRUCK SPRAYED CLAIMANT VEHICLE CTY24091 POULSON, BONNIE & LEROY 128 N. 2ND STREET OPEN $0 00 3/18/2004 CLAIMANT SLIPPED AND FELL ON SIDEWALK CTY24094 BARRON, MURLE & DALLAS 912 N. 28TH AVENUE OPEN $0 00 7/22/2004 NOISE AND VIBRATION FROM CITY MACHINERY DAMAGED CLAIMANT WINDOWS CTY24096 DAVIS, RYAN & RIAN 72ND AVE AND NOB HILL OPEN $0 00 8/30/2004 CLAIMANT VEHICLE DAMAGE FROM ELEVATED MANHOLE Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Streets For the period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate CTY24070 JARVIS, RENE WEST OF 34TH AVENUE AND TI CLOSED $553 57 5/20/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24069 BRYANT, MELISSA A STREET CROSSWALK TO YAK OPEN $0 00 5/18/2004 CLAIMANT VEHICLE SPLATTERED WITH PAINT FROM CITY STREET CTY24086 FIELDS, BONITA & CHARLES 312 S. 3RD AVENUE CLOSED $0 00 8/11/2004 CLAIMANT TRIPPED AND FELL ON SIDEWALK CTY24062 DEHNHOFF, RODNEY & JEANETTA TIETON DRIVE AND 28TH AVEN CLOSED $0 00 5/20/2004 CLAIMANT VEHICLE DAMAGE FROM CITY STREET PLUG CTY24080 HOVIS, JAMES S 28TH AVENUE BETWEEN YAK OPEN $0 00 7/6/2004 CLAIMANT TRIPPED AND FELL ON CITY STREET CTY24111 GOLDEN VILLA MOBILE HOME PARK 18 W WASHINGTON AVENUE OPEN $0 00 9/17/2004 STREET SWEEPER BACKED INTO CLAIMANT FENCE CTY24113 HOLSCLAW, JANNI & WALTER WEST EXIT AT DAVIS HIGH SCH OPEN $0 00 9/24/2004 CLAIMANT TRIPPED AND FELL ON SIDEWALK CTY24056 SMITH, TODD & CHARLENE 40TH AVENUE & NORTH ENGLE CLOSED $173 72 5/13/2004 CLAIMANT VEHICLE DAMAGE FROM CITY STREET PAINT CTY24049 JETTON, AARON 14TH AND MEAD AVE CLOSED $358 88 4/4/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24047 MADAMBA, EZEKIO FRUITVALE AND 6TH AVENUE CLOSED $0 00 4/25/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24067 SMITH, DOUGLAS CASEY 1313 S 23RD AVENUE CLOSED $0 00 6/18/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE Total Paid for General Liability $2,056 21 Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC Total Paid A11 Claims $2,056.2 l Page 2 CITY OF YAKIMA Summary of Third Party Claims for the Department of Fire For the period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate General Liability CTY24077 HARLAN, OTIS 6/26/2004 FIRE DEPARTMENT BROKE CLAIMANT'S GATE MECHANISM Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC 6414 SCENIC DRIVE Total Paid for General Liability Total Paid All Claims Page 1 OPEN $0 00 $0 00 $0 00 CITY OF YAKIMA Summary of Third Party Claims for the Unallocated by Department For the period from 1/1/2004 to 9/30/2004 Paid File / Date of Loss Claimant / Description Site / Operator Status ToDate Errors and Omissions CTY24093 WHITE, JANET CITY OF YAKIMA OPEN $0 00 1/1/2004 CLAIMANT ALLEGES INADEQUATE HOUSING Total Paid for Errors and Omissions $0 00 General Liability CTY24053 TORRES, ROCIO 1415 CHERRY AVENUE IN YAKI CLOSED $0 00 4/15/2004 CITY SHUT OFF CLAIMANT IRRIGATION WATER, CAUSING DAMAGE TO LAWN CTY24048 VALLADARES, MARIA 210 N. 3RD STREET IN YAKIMA CLOSED $0 00 5/3/2004 CLAIMANT VEHICLE BROKEN INTO WHILE PARKED IN CITY LOT Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC Total Paid for General Liability Total Paid All Claims Page 1 $0 00 $0 00 CITY OF YAKIMA Summary of Third Party Claims for the Department of Transit For the period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile Property KENDRICK, NANCY CITY BUS IMPACTED SIDE OF CLAIMANT VEHICLE CTY24100 9/7/2004 Bodily Injury CTY24014 2/7/2004 CTY24079 7/26/2004 CTY24037 4/16/2004 Liability LONG, MAXINE CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER VEHICLE SHEPHERD, DAWN CLAIMANT ALLEGEDLY INJURED IN BUS ACCIDENT MUNGUIA, MARIA & LUIS BUS DOOR CLOSED ON CLAIMANT'S ARM, CAUSING INJURY General Liability CTY24097 5/25/2004 N. 1ST STREET Total Paid for Automobile Property OPEN WALNUT ANDS 3RD STREET CLOSED PACIFIC AVENUE AND FAIR AVE CLOSED BUS STOP AT E. VIOLA & S 18T OPEN Total Paid for Bodily Injury Liability WALDEN, IAM FALLS AND ROSALIND 10TH AVENUE AND WASHINGT OPEN MINOR 11 YEAR OLD BOY ALLEGES DAMAGES FROM FIGHT ON CITY TRANSIT BUS Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC Total Paid for General Liability Total Paid A11 Claims Page 1 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 CITY OF YAKIMA Summary of Third Party Claims for the Department of Engineering For the period from 1/1/2004 to 9/30/2004 Paid File / Date of Loss Claimant / Description Site / Operator Status ToDate General Liability CTY24089 MARTINEZ, YESENIA & VALENTINE 1710 S 3RD AVENUE OPEN $0 00 8/22/2004 STREET DRAIN BACKED UP AND FLOODED CLAIMANT PROPERTY CTY24084 SLOAN, TONY 1200 BLOCK OF FRUITVALE BLV OPEN $0 00 8/5/2004 DETOUR CAUSED SCRATCH ON CLAIMANT VEHICLE FROM BROKEN TREE LIMB CTY24054 MERRITT, JERRY & KRIS 900 S 76TH AVENUE IN YAKIMA CLOSED $0 00 4/20/2004 CLAIMANT DRIVEWAY DAMAGED BECAUSE OF INADEQUATE STORM DRAIN CTY24059 CHIN, GREGORY & CONNIE 919 CONESTOGA BLVD IN YAKI OPEN $0 00 5/19/2004 WATER RUNOFF FROM STREET DAMAGED CLAIMANT PROPERTY CTY24103 GUNNOE, TAMMY & RON 1115 W MEAD AVE. OPEN $0 00 9/4/2004 ROAD CONSTRUCTION CAUSED DAMAGE TO CLAIMANT WINDSHIELD CTY24106 GHORMLEY, MARIE WASHINGTON AVE BETWEEN 2 OPEN $0 00 8/19/2004 CLAIMANT ALLEGES VEHICLE DAMAGE FROM ROUGH ROAD CTY24057 YOUNG, DONOVAN & DIANE CORNER OF FECHTER, CONES CLOSED $1,085 97 5/19/2004 WATER RUNOFF OF CITY STREET DAMAGED CLAIMANT PROPERTY CTY24078 HEMINGWAY, STEVEN PLEASANT AVE AND MEAD CLOSED $0 00 7/24/2004 CLAIMANT VEHICLE DAMAGE FROM MANHOLE COVER Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC. Total Paid for General Liability $1.085 97 Total Paid All Claims $1,085 97 Page 1 OPENED OR CLOSED CLAIMS FROM 01/01/2004 TO 09/30/2004 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 Claimant / Description Type Type Paid ToDate Closed CTY24016 SULLIVAN, JANE EO 0 $0 00 3/7/2003 CLAIMANT ALLEGES FALSE ARREST AND INJURY CTY24017 CARLSON, TIM GL 0 $6,793 51 2/28/2004 SEWER BACKUP CTY24019 GARZA, JASON GL 0 $0 00 2/26/2004 CLAIMANT BITTEN BY CITIZEN'S DOG WHILE ON JOB SHADOW WITH YPD OFFICER CTY24036 BARTSCH FOR ESTATE OF ELVIS WAYNE WILSON EO 0 $0 00 8/11/2003 CLAIMANT ALLEGES MR. WILSON IMPROPERLY SHOT BY YPD OFFICER AND ALLEGES CIVIL RIGHTS VIOLATION. SEE BARTSCH V CITY, ET AL., CAUSE NO 04-CV-3100- RHW CTY24037 MUNGUIA, MARIA & LUIS AB 0 $0 00 4/16/2004 BUS DOOR CLOSED ON CLAIMANT'S ARM, CAUSING INJURY CTY24038 SULLIVAN, JANE E0 0 $0 00 4/20/2001 CLAIMANT ALLEGES HARRASSMENT BY LAW ENFORCEMENT CTY24042 BROWNFIELD, OSCAR & LE 1 1 Y AB 0 $0 00 10/17/2002 YPD PURSUING A STOLEN VEHICLE THAT RAN STOP SIGN AND IMPACTED CLAIMANT VEHICLE CTY24044 WOOD, CHRISTINA & CHARLES GL 0 $0 00 4/17/2004 CLAIMANT ALLEGEDLY INJURED ANKLE ON BROKEN ASPHALT IN CITY PARKING LOT CTY24045 CARLEY, LEAL & EDNA GL 0 $0 00 12/31/2003 WATER MAIN BREAK CAUSED DAMAGE TO CLAIMANT DRIVEWAY CTY24050 YAKIMA VALLEY FARM WORKER'S CLINIC GL 0 $0 00 5/8/2004 CLAIMANT VEHICLE ACCIDENT ALLEGEDLY CAUSED BY UNSECURED MANHOLE COVER CTY24051 MEDINA, PATRICIA & HECTOR GL 0 $0 00 5/8/2004 CLAIMANT INJURED IN VEHICLE ACCIDENT ALLEGEDLY CAUSED BY UNSECURED MANHOLE COVER CTY24059 CHIN, GREGORY & CONNIE GL 0 $0 00 5/19/2004 WATER RUNOFF FROM STREET DAMAGED CLAIMANT PROPERTY CTY24060 GONZALEZ, LAURA LEA E0 0 $0 00 7/26/2003 ALLEGED WRONGFUL ARREST CTY24066 STATE FARM INSURANCE GL 0 $0 00 5/8/2004 CLAIMANT VEHICLE DAMAGE ALLEGEDLY CAUSED BY UNSECURED MANHOLE COVER CTY24068 THOMAS, CINDY GL 0 $0 00 6/6/2004 SEWER BACKUP SEE THOMAS V CITY, CAUSE NO 04-2- 02427-6 Page 1 CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Type Type Paid ToDate Closed CTY24069 BRYANT, MELISSA GL 0 $0 00 5/18/2004 CLAIMANT VEHICLE SPLATTERED WITH PAINT FROM CITY STREET CTY24071 COOK, CARL EO 0 $0 00 6/23/2004 CLAIMANT MOTORHOME DAMAGED BY TAPE FROM IMPROPERLY PLACED IMPOUND NOTICE CTY24077 HARLAN, OTIS GL 0 $0 00 6/26/2004 FIRE DEPARTMENT BROKE CLAIMANTS GATE MECHANISM CTY24080 HOVIS, JAMES GL 0 $0 00 7/6/2004 CLAIMANT TRIPPED AND FELL ON CITY STREET CTY24084 SLOAN, TONY GL 0 $0 00 8/5/2004 DETOUR CAUSED SCRATCH ON CLAIMANT VEHICLE FROM BROKEN TREE LIMB CTY24087 RAAP, DAN GL 0 $0 00 8/1/2004 IRRIGATION LEAK CAUSED DAMAGE TO CLAIMANT RETAINING WALL CTY24088 CLASSIC AUTO WASH GL 0 $0 00 8/17/2004 WET PAINT ON CITY VEHICLE DAMAGED CLAIMANT PROPERTY CTY24089 MARTINEZ, YESENIA & VALENTINE GL 0 $0 00 8/22/2004 STREET DRAIN BACKED UP AND FLOODED CLAIMANT PROPERTY CTY24090 PETERSON, BRADLEY AB 0 $0 00 7/18/2004 CLAIMANT INJURED IN VEHICLE ACCIDENT ALLEGEDLY CAUSED BY SPEEDING POLICE CARS CTY24091 POULSON, BONNIE & LEROY GL 0 $0 00 3/18/2004 CLAIMANT SLIPPED AND FELL ON SIDEWALK CTY24092 STROUD, CARIANA GL 0 $0 00 5/1/2004 CITY REFUSE TRUCK SLAMS DOWN GARBAGE CAN, CAUSING DAMAGE TO CLAIMANT'S FENCE CTY24093 WHITE, JANET EO 0 $0 00 1/1/2004 CLAIMANT ALLEGES INADEQUATE HOUSING CTY24094 BARRON, MURLE & DALLAS GL 0 $0 00 7/22/2004 NOISE AND VIBRATION FROM CITY MACHINERY DAMAGED CLAIMANT WINDOWS CTY24095 BAUER, ERMA AP 0 $0 00 2/1/2004 CITY BACKHOE DAMAGED HEADSTONE CTY24096 DAVIS, RYAN & RIAN GL 0 $0 00 8/30/2004 CLAIMANT VEHICLE DAMAGE FROM ELEVATED MANHOLE CTY24097 WALDEN, IAM FALLS AND ROSALIND GL 0 $0 00 5/25/2004 MINOR 11 YEAR OLD BOY ALLEGES DAMAGES FROM FIGHT ON CITY TRANSIT BUS Page 2 CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Type Type Paid ToDate Closed CTY24098 DUFFIELD, RON & JESSICA GL 0 $0 00 8/18/2004 SEWER PLUGGED CTY24099 RUSSO, DANIELLE GL 0 $0 00 8/23/2004 CITY WORKER DAMAGED CLAIMANT BIRDBATH CTY24100 KENDRICK, NANCY AP 0 $0 00 9/7/2004 CITY BUS IMPACTED SIDE OF CLAIMANT VEHICLE CTY24101 BURLINGTON NORTHERN SANTA FE GL 0 $0 00 1/4/2002 DAMAGE TO RAILROAD CROSSING GATES CTY24102 EVANS & SON, INC E0 0 $0 00 4/26/2002 CLAIMANT ALLEGES BREACH OF CONSTRUCTION CONTRACT CTY24103 GUNNOE, TAMMY & RON GL 0 $0 00 9/4/2004 ROAD CONSTRUCTION CAUSED DAMAGE TO CLAIMANT WINDSHIELD CTY24104 MILLS, WYLIE EO 0 $0 00 8/11/2004 ALLEGES FALSE ARREST, FALSE IMPRISONMENT, ELECTION FRAUD, AND SELECTIVE LAW ENFORCEMENT SEE MILLS VS CITY ET AL., CAUSE NO 04-2-02755-1 CTY24105 DONAHUE, JOSEPH & FERN AP 0 $0 00 9/13/2004 CITY REFUSE TRUCK DAMAGED CLAIMANT SPRINKLER CTY24106 GHORMLEY, MARIE GL 0 $0 00 8/19/2004 CLAIMANT ALLEGES VEHICLE DAMAGE FROM ROUGH ROAD CTY24107 MILLS, WYLIE E0 0 $0 00 9/13/2004 ALLEGES THEFT OF PERSONAL PROPERTY, EQUITY SKIMMING, FALSE ARREST, AND FALSE IMPRISONMENT SEE MILLS VS CITY ET AL., CAUSE NO 04-2-02810-7 CTY24108 CASTEEL, EDDIE A. GL 0 $0 00 5/1/2004 CLAIMANT VEHICLE DAMAGE FROM GOLF BALLS CTY24109 PLEASANT, PHILLIP E0 0 $0 00 9/18/2002 ALLEGED DISCRIMINATION CTY24110 HILL, EDDIE GL 0 $0 00 1/28/2002 WATER FROM CRACKED IRRIGATION PIPE DAMAGED CLAIMANT PROPERTY CTY24111 GOLDEN VILLA MOBILE HOME PARK GL 0 $0 00 9/17/2004 STREET SWEEPER BACKED INTO CLAIMANT FENCE CTY24112 GOERZ, JAMES GL 0 $0 00 8/14/2004 SEWER BACKUP CTY24113 HOLSCLAW, JANNI & WALTER GL 0 $0 00 9/24/2004 CLAIMANT TRIPPED AND FELL ON SIDEWALK Page 3 CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 File / Date of Loss Claimant / Description Type Type Paid ToDate Closed CTY23068 SCHAFER, ROBERT GL F $151 10 1/6/2004 6/16/2003 DUST ABATEMENT MATERIAL DAMAGED CLAIMANT'S VEHICLE CTY23113 ANDREWS, VELMA & ALFRED EO F $100 00 1/122004 7/1/2003 OVERPAYMENT FOR PROPERTY CLEANUP CTY23145 MINER, DIANE AP F $35 00 1232004 10/28/2003 REFUSE TRUCK DAMAGED CLAIMANTS MAILBOX CTY23150 ALEXANDER, ANTHONY GL F $500 00 1/23/2004 7/8/2003 CLAIMANT ALLEGES WISHA DISCRIMINATION CTY23127 SPRATT, CYNTHIA GL F $295 51 2/4/2004 10/14/2003 REMOVAL OF BULLET FOR EVIDENCE DAMAGED CLAIMANT'S HOUSE CTY23146 MORFIN, JESUS & ELOISA GL F $420 42 2/6/2004 12/52003 TREE BRANCH DAMAGED FENCE CTY23152 BURNS, MARTHA & MARK AP F $1,193 38 2/6/2004 12/15/2003 CITY VEHICLE BACKED INTO CLAIMANT VEHICLE CTY23142 STEVENSON, ELAINE J GL F $297 46 2/10/2004 11/6/2003 SEWER BACKUP CTY24005 ROYBAL, RODNEY GL F $538 16 2/10/2004 11/1/2003 POTHOLE CAUSED DAMAGE TO CLAIMANT VEHICLE CTY24003 BASTARDO, FRANK & ESTHER GL F $312.07 2/122004 1/4/2004 SEWER BACKUP CTY23151 GONZALEZ, LOLA EO F $0 00 2/132004 9/23/2003 CLAIMANT ALLEGES THAT SHE HAS BEEN OVERCHARGED FOR WATER CTY23140 SCHOOLEY, COLETTE & MARK AP F $3,531 24 2/18/2004 11/21/2003 GARBAGE TRUCK PULLED DOWN POWER LINE CTY24004 HESSENTHALER, WALTER GL F $606 51 2/232004 1/8/2004 UNCOVERED MANHOLE DAMAGED CLAIMANT VEHICLE CTY23149 PERKINS, BRIAN GL F $0 00 2/252004 12/11/2003 CLAIMANTS VEHICLE WINDOW DAMAGED WHILE ON CITY PROPERTY CTY24001 HAYNES, ANDREW & KATHRYN GL F $500 00 2/26/2004 1/4/2004 CITY TOOK 3 12 HOURS TO SHUT OFF WATER AFTER PIPE BROKE CTY24010 SANCHEZ, HUGO GL F $985 00 3/1/2004 1/26/2004 SEWER BACKUP CTY24014 LONG, MAXINE AB F $0 00 3/1/2004 2/7/2004 CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER VEHICLE Page 4 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 Claimant / Description Type Type Paid ToDate Closed CTY24007 O'HARA, GERALD & LINDA AP F $0 00 3/3/2004 1/13/2004 SNOW PLOW DAMAGED CLAIMANT LAWN CTY24008 RAMOS, SERINA AP F $0 00 3/3/2004 1/8/2004 SNOW PLOW RAN OVER CLAIMANT GARBAGE CANS CTY24009 RODRIGUEZ, IRMA GL F $159 90 3/4/2004 1/20/2004 POTHOLE DAMAGED CLAIMANT VEHICLE CTY23131 BURROW, CARL & MARTHA GL F $1,774 90 3/8/2004 10/9/2003 SEWER BACKUP CTY23138 BURGESS, JERRY & AUDREY GL F $588 57 3/8/2004 11/11/2003 DUST FROM KISSEL PARK BLEW ON CLAIMANTS PROPERTY CTY23143 CLARK, USA AB F $300 00 3/8/2004 11/24/2003 BUS DOOR PINCHED CLAIMANT CTY24012 VIVEROS, JESSICA & JACOB GL F $1,802.43 3/8/2004 1/31/2004 SEWER BACKUP CTY23075 BOOTHMAN, RODGER AND CHRISTINE GL F $0 00 3/16/2004 6/30/2003 GOLF BALL DAMAGED CLAIMANT'S WINDSHIELD AND BEDROOM WINDOW CTY22115 APOLLO, INC. GL F $104,000 00 3/23/2004 12/20/2001 CONSTRUCTION CONTRACT CLAIM FOR ADDITIONAL COSTS FOR INTERFERENCES OF UTILITIES ON AHTANUM TRUNK LINE CTY22151 HELEN VANCE / HARTFORD CASUALTY INSURANCE CO GL F $0 00 3/232004 12/222000 SLIP AND FALL ON ALLEGED ICY PARKING LOT CTY23153 SHAUL, STEPHEN & GRACE GL F $4,744 07 3242004 12/17/2003 SEWER BACKUP CTY21003 BARBOSA, LUIS & GEORGIA AP F $0 00 3/31/2004 1/16/2001 CITY BUS HIT CLAIMANT VEHICLE CTY23133 SCHMIDT, MARTIN GL F $0 00 4/8/2004 10/30/2003 POLICE FORCED ENTRY CTY24011 RAUERT, ROBERT & COLLEEN AP F $36.25 4/82004 1/8/2004 CITY VEHICLE BACKED INTO CLAIMANT DRIVE AND DAMAGED TIER LIGHT CTY24021 BEVERLY, BETTY GL F $545 75 4/9/2004 3/14/2004 GOLF BALL DAMAGED CLAIMANT VEHICLE CTY22104 PELATT, AUDREY & JIM GL F $1,904 10 4/14/2004 8/21/2002 CLAIMANT TRIPPED AND FELL ON SIDEWALK CTY23154 HERREID, LARRY & SHIRLEY GL F $2,055 46 4/14/2004 4/1/2003 SEWER BACKUP CTY20097 RANTA-DAVIS, AZALEA AL F $10,000 00 4/20/2004 11/28/2000 CLAIMANT INJURED IN BACK OF POLICE VAN Page 5 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 Claimant / Description Type Type Paid ToDate Closed CTY97146 STERBENZ, JASON RICHARD AL F $29,187 75 4/202004 8/28/1997 VEHICLE ACCIDENT CTY24015 VINEYARD CHRISTIAN FELLOWSHIP GL F $898 72 4212004 2/17/2004 SEWER BACKUP CTY24020 CONNECTIONS FELLOWSHIP GL F $1,121 33 4/21/2004 2/17/2004 SEWER BACKUP CTY24024 SLIMAN, ELVIE AP F $110 06 4/212004 3/3/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY23148 ATTAWAY, NATASHA AP F $10,298 45 4/22/2004 11/28/2003 CITY POLICE VEHICLE REAR ENDED CLAIMANT VEHICLE CTY22129 LAMBERT, DONDA & RICHARD AP F $15,708 06 4/232004 10/12/2002 POLICE CAR HIT CLAIMANT VEHICLE CTY24026 GARZA, DIANE GL F $843 50 4/26/2004 3/14/2004 SEWER BACKUP CTY24028 MCCARTNEY, DAVID GL F $11,987 74 4/26/2004 3/14/2004 SEWER BACKUP CTY24031 KEATLEY, DARLA GL F $1,908 00 4/26/2004 3/14/2004 SEWER BACKUP CTY24029 HOPE, JOHN & CINDY GL F $7,300 58 4/28/2004 3/14/2004 SEWER BACKUP CTY24030 LEWIS, DWIGHT EO F $0 00 4/29/2004 3/24/2004 CLAIMANTS DOOR DAMAGED BY POLICE CTY24025 BLADOW, AMANDA GL F $68 75 4/30/2004 1/25/2004 CLAIMANT TIRE DAMAGE FROM POTHOLE CTY23129 MILLER, JERRY & MARILYN GL F $3,421 05 5/5/2004 10/28/2003 TREE FELL ON CLAIMANT'S HOUSE CTY24027 MACIAS, DENNIS GL F $63 12 5/5/2004 3/6/2004 SEWER BACKUP CTY24035 ALEGRIA, TINA EO F $249 34 5/102004 4/12/2004 POLICE OFFICER DAMAGED CLAIMANT VEHICLE DURING SEARCH CTY24039 MORSE, ELAINE & EDWARD GL F $0 00 5/10/2004 4/12/2004 CITY TURNED OFF WATER WITHOUT NOTICE TO CLAIMANT, CAUSING LOSS OF BUSINESS CTY23125 BARRIGA, MARIA GL F $1,241 33 5/12/2004 10/13/2003 SEWER BACKUP CTY24013 BARRIGA, MARIA GL F $2,186 86 5/122004 2/4/2004 SEWER BACKUP Page 6 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid Type Type ToDate Closed CTY24022 SMITH, RAY & ELAINE GL F $83 08 5/122004 3/17/2004 CLAIMANT WINDOW BROKEN FROM ROCK THROWN BY CITY MOWER CTY22087 CASTILLO, JIMMY EO F $95,000 00 5/132004 5/3/2002 CLAIMANT OFFICER ALLEGES BITTEN BY POLICE DOG CTY24023 HOON, GARY & ROSEMARY GL F $532.67 5/27/2004 3/9/2004 SEWER BACKUP CTY24034 GRAF INVESTMENTS AP F $439 01 5/27/2004 3/17/2004 CITY VEHICLE IMPACTED CORNER OF CLAIMANT BUILDING CTY24043 TIPTON, JAMES & ANNE GL F $250 00 5/27/2004 3/14/2004 SEWER BACKUP CTY24047 MADAMBA, EZEKIO GL F $0 00 5/272004 4/25/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24049 JETTON, AARON GL F $358 88 6/1/2004 4/4/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24032 WENDT, HELEN GL F $0 00 6/8/2004 3/13/2004 SEWER BACKUP CTY24040 WHITE, JANET EO F $0 00 6/8/2004 3/5/2002 CLAIMANT ALLEGES INADEQUATE HOUSING CTY24041 WHITE, JANET EO F $0 00 6/8/2004 2/10/2004 CLAIMS YPD AND YFD WRONGFULLY HAD HER COMMITTED TO MEMORIAL PSYCH UNIT CTY24033 DAY, DEBRA GL F $25 00 6/102004 3/26/2004 REFUSE WORKERS ALLEGEDLY DAMAGED CLAIMANTS GARBAGE CAN CTY24053 TORRES, ROCIO GL F $0 00 6/10/2004 4/15/2004 CITY SHUT OFF CLAIMANT IRRIGATION WATER, CAUSING DAMAGE TO LAWN CTY24062 DEHNHOFF, RODNEY & JEANETTA GL F $0 00 6/11/2004 5/20/2004 CLAIMANT VEHICLE DAMAGE FROM CITY STREET PLUG CTY24018 THOMAS, CINDY AP F $224 01 6/142004 2/112004 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY24056 SMITH, TODD & CHARLENE GL F $173 72 6/172004 5/13/2004 CLAIMANT VEHICLE DAMAGE FROM CITY STREET PAINT CTY23137 SYVERSON, JEANNE GL F $4,044 30 6282004 2/3/2003 WATER FROM KISSEL PARK DRAINED ONTO CLAIMANTS PROPERTY CTY24046 SHUMWAY, KIM GL F $399 50 6292004 3/14/2004 SEWER BACKUP Page 7 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 Claimant / Description Type Type Paid ToDate Closed CTY24067 SMITH, DOUGLAS CASEY GL F $0 00 6/302004 6/18/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24058 TYLER, CARROL & ELLEN AP F $675 56 7/102004 1/15/2004 CITY BACKHOE DAMAGED HEADSTONE CTY21073 OLIN, MAUREEN AND THOMAS GL F $24,000 00 7/152004 4/26/2001 CLAIMANT TRIP AND FALL ON WATER METER COVER ON SIDEWALK CTY22148 VORACHACK, MARIA AP F $41,973 94 7/152004 12/11/2002 REFUSE VEHICLE HIT CLAIMANT VEHICLE CTY23135 ANDERSON, DORTHY GL F $2,172.96 7/152004 2/3/2003 WATER FROM KISSEL PARK DRAINED ONTO CLAIMANT'S PROPERTY CTY23141 MUNGER, ELSE GL F $0 00 7/15/2004 11/22/2003 SEWER BACKUP CTY23155 BARRAGAN, BARDOMIANO & GRACIELA AP F $0 00 7/15/2004 11/19/2003 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY24002 GONZALES, ANGEL AP F $0 00 7/15/2004 1/6/2004 CLAIMANT VEHICLE ALLEGEDLY HIT BY SNOW PLOW AT INTERSECTION CTY24006 BOSSERT, JAY & HILLARY GL F $0 00 7/15/2004 1/7/2004 CLAIMANT VEHICLE DAMAGE FROM OPEN MANHOLE CTY24048 VALLADARES, MARIA GL F $0 00 7/15/2004 5/3/2004 CLAIMANT VEHICLE BROKEN INTO WHILE PARKED IN CITY LOT CTY24054 MERRITT, JERRY & KRIS GL F $0 00 7/152004 4/20/2004 CLAIMANT DRIVEWAY DAMAGED BECAUSE OF INADEQUATE STORM DRAIN CTY24063 BABAYAN, ANITA GL F $0 00 7/15/2004 5/21/2001 CLAIMANT TRIP AND FALL ON SIDEWALK CTY24061 LOSOYA, CRUZ GL F $134 88 7/212004 5/20/2004 CITY PAINT TRUCK SPRAYED CLAIMANT VEHICLE CTY23102 NUTT, BRENDA GL F $0 00 7/30/2004 1/1/2001 CLAIMANT ALLEGES HARASSMENT BY PARKING ENFORCEMENT CTY24064 WROBIEWSKI, KATHY GL F $0 00 7/30/2004 6/7/2004 CLAIMANT ALLEGES IMPROPER TOWING AND SEARCH OF VEHICLE CTY24065 COPELAND, JOSEPH AND DENISE GL F $334 39 7/30/2004 5/24/2004 SEWER BACKUP CTY24055 NELSON, HORATIO & LANAYA GL F $2,816 78 8/2/2004 5/14/2004 SEWER BACKUP Page 8 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid Type Type ToDate Closed CTY24076 HUDON, RICK & PAULA AP F $269 75 8/132004 7/8/2004 REFUSE TRUCK DAMAGED CLAIMANT LAWN CTY24072 ROBLES, MARIA & SIGIFREDO GL F $0 00 8232004 5/14/1998 CLAIMANT ALLEGES ODOR FROM SEWER TREATMENT PLANT CAUSED INABILITY TO USE YARD CTY24073 ROBLES, ROSA GL F $0 00 8232004 5/14/1998 CLAIMANT ALLEGES ODOR FROM SEWER TREATMENT PLANT CAUSED INABILITY TO USE YARD CTY24074 BISSELL, CAMILLE & JOHN GL F $50 00 8/232004 6/14/2004 CLAIMANT SLIPPED AND FELL ON SIDEWALK CTY23065 MAYO, SALLY GL F $20,312 94 9/3/2004 4/23/2003 CLAIMANT TRIPPED AND FELL ON BENCH AT BUS STOP HIT HEAD WHEN BUS SLAMMED ITS BRAKES ON CTY24070 JARVIS, RENE GL F $553 57 9/3/2004 5/20/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY22128 GARCIA, ERNESTINO AP F $12,745 70 9/72004 10/9/2002 ANIMAL CONTROL VEHICLE REAR ENDED CLAIMANT VEHICLE CAUSING DAMAGE AND ALLEGED PERSONAL INJURIES CTY24075 SMITH, KIMBERLY GL F $0.00 9/72004 3/25/2004 CLAIMANT DRIVEWAY SINKING AT ROADSIDE CTY24081 GARCIA, ERNESTINO AP F $15,500 00 9/7/2004 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE CTY24082 GARCIA, PEDRO AP F $14,400 00 9/72004 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE CTY24083 GARCIA, MARIA AP F $15,000 00 9/7/2004 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE CTY23048 LYONS, GAIL GL F $7,200 00 9/9/2004 3/24/2003 CLAIMANT FELL ON SIDEWALK AND ALLEGED PERSONAL INJURIES SEE LYONS V. CITY, CAUSE NO 04-2-00062-8 CTY24079 SHEPHERD, DAWN AB F $0 00 9/13/2004 7/26/2004 CLAIMANT ALLEGEDLY INJURED IN BUS ACCIDENT CTY23147 SEAL, ROCHELLE AB F $7,963 30 9/20/2004 12/2/2003 FIRE DEPARTMENT VEHICLE REAR ENDED CLAIMANT CTY24085 SCHNADER, DAGMAR AP F $189 62 9/202004 8/5/2004 CITY TRUCK DAMAGED CLAIMANT FENCE CTY24078 HEMINGWAY, STEVEN GL F $0 00 9/22/2004 7/24/2004 CLAIMANT VEHICLE DAMAGE FROM MANHOLE COVER Page 9 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2004 to 9/30/2004 Claimant / Description Type Type Paid ToDate Closed CTY24086 8/11/2004 CTY22149 12/17/2002 CTY24052 7/31/2001 CTY24057 5/19/2004 FIELDS, BONITA & CHARLES CLAIMANT TRIPPED AND FELL ON SIDEWALK WASHINES, BRANDON & AMY STREETS PICKUP HIT CLAIMANT VEHICLE MILLS, WYLIE ALLEGES FALSE ARREST, FALSE IMPRISONMENT, ETC SEE MILLS VS CITY ET AL, CAUSE NO 04-2-01732-6 YOUNG, DONOVAN & DIANE WATER RUNOFF OF CITY STREET DAMAGED CLAIMANT PROPERTY Total Number of Claims Occurring or Closed for Current Year: Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC D,„o l n GL F $0 00 9/22/2004 AP F $17,367 91 9/23/2004 EO F $0 00 9/30/2004 GL F $1,085 97 9/302004 154 CLOSED CLAIMS FROM 01/01/2004 TO 09/30/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY23068 SCHAFER, ROBERT 6/16/2003 DUST ABATEMENT MATERIAL DAMAGED CLAIMANT'S VEHICLE CTY23113 ANDREWS, VELMA & ALFRED 7/1/2003 OVERPAYMENT FOR PROPERTY CLEANUP CTY23145 MINER, DIANE 10/28/2003 REFUSE TRUCK DAMAGED CLAIMANT'S MAILBOX CTY23150 ALEXANDER, ANTHONY 7/8/2003 CLAIMANT ALLEGES WISHA DISCRIMINATION CTY23127 SPRATT, CYNTHIA 10/14/2003 REMOVAL OF BULLET FOR EVIDENCE DAMAGED CLAIMANT'S HOUSE CTY23146 MORFIN, JESUS & ELOISA 12/5/2003 TREE BRANCH DAMAGED FENCE CTY23152 BURNS, MARTHA & MARK 12/15/2003 CITY VEHICLE BACKED INTO CLAIMANT VEHICLE CTY23142 STEVENSON, ELAINE J 11/6/2003 SEWER BACKUP CTY24005 ROYBAL, RODNEY 11/1/2003 POTHOLE CAUSED DAMAGE TO CLAIMANT VEHICLE CTY24003 BASTARDO, FRANK & ESTHER 1/4/2004 SEWER BACKUP CTY23151 GONZALEZ, LOLA 9/23/2003 CLAIMANT ALLEGES THAT SHE HAS BEEN OVERCHARGED FOR WATER CTY23140 SCHOOLEY, COLETTE & MARK 11/21/2003 GARBAGE TRUCK PULLED DOWN POWER LINE CTY24004 HESSENTHALER, WALTER 1/8/2004 UNCOVERED MANHOLE DAMAGED CLAIMANT VEHICLE CTY23149 PERKINS, BRIAN 12/11/2003 CLAIMANT'S VEHICLE WINDOW DAMAGED WHILE ON CITY PROPERTY CTY24001 HAYNES, ANDREW & KATHRYN 1/4/2004 CITY TOOK 3 12 HOURS TO SHUT OFF WATER AFTER PIPE BROKE CTY24010 SANCHEZ, HUGO 1/26/2004 SEWER BACKUP CTY24014 LONG, MAXINE 2/72004 CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER VEHICLE CTY24007 O'HARA, GERALD & LINDA 1/13/2004 SNOW PLOW DAMAGED CLAIMANT LAWN CTY24008 RAMOS, SERINA 1/8/2004 SNOW PLOW RAN OVER CLAIMANT GARBAGE CANS Page 1 $151 10 GL 1/6/2004 $100 00 EO 1/12/2004 $35 00 AP 1/23/2004 $500 00 GL 1/232004 $295 51 GL 2/4/2004 $420 42 GL 2/6/2004 $1,193 38 AP 2/6/2004 $297 46 GL 2/10/2004 $538 16 GL 2/10/2004 $312.07 GL 2/12/2004 $0 00 EO 2/13/2004 $3,531.24 AP 2/18/2004 $606 51 GL 2/23/2004 $0 00 GL 2/252004 $500.00 GL 2/26/2004 $985 00 GL 3/1/2004 $0 00 AB 3/1/2004 $0 00 AP 3/3/2004 $0 00 AP 3/3/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY24009 RODRIGUEZ, IRMA 1/20/2004 POTHOLE DAMAGED CLAIMANT VEHICLE CTY23131 BURROW, CARL & MARTHA 10/9/2003 SEWER BACKUP CTY23138 BURGESS, JERRY &AUDREY 11/11/2003 DUST FROM KISSEL PARK BLEW ON CLAIMANTS PROPERTY CTY23143 CLARK, LISA 11/24/2003 BUS DOOR PINCHED CLAIMANT CTY24012 VIVEROS, JESSICA & JACOB 1/312004 SEWER BACKUP CTY23075 BOOTHMAN, RODGER AND CHRISTINE 6/30/2003 GOLF BALL DAMAGED CLAIMANT'S WINDSHIELD AND BEDROOM WINDOW CTY22115 APOLLO, INC 12/20/2001 CONSTRUCTION CONTRACT CLAIM FOR ADDITIONAL COSTS FOR INTERFERENCES OF UTILITIES ON AHTANUM TRUNK LINE CTY22151 HELEN VANCE / HARTFORD CASUALTY INSURANCE CO 12/22/2000 SLIP AND FALL ON ALLEGED ICY PARKING LOT CTY23153 SHAUL, STEPHEN & GRACE 12/17/2003 SEWER BACKUP CTY21003 BARBOSA, LUIS & GEORGIA 1/16/2001 CITY BUS HIT CLAIMANT VEHICLE CTY23133 SCHMIDT, MARTIN 10/30/2003 POLICE FORCED ENTRY CTY24011 RAUERT, ROBERT & COLLEEN 1/8/2004 CITY VEHICLE BACKED INTO CLAIMANT DRIVE AND DAMAGED TIER LIGHT CTY24021 BEVERLY, BETTY 3/14/2004 GOLF BALL DAMAGED CLAIMANT VEHICLE CTY22104 PELATT, AUDREY & JIM 8/21/2002 CLAIMANT TRIPPED AND FELL ON SIDEWALK CTY23154 HERREID, LARRY & SHIRLEY 4/1/2003 SEWER BACKUP CTY20097 RANTA-DAVIS, AZALEA 11/28/2000 CLAIMANT INJURED IN BACK OF POLICE VAN CTY97146 STERBENZ, JASON RICHARD 8/28/1997 VEHICLE ACCIDENT CTY24015 VINEYARD CHRISTIAN FELLOWSHIP 2/17/2004 SEWER BACKUP CTY24020 CONNECTIONS FELLOWSHIP 2/17/2004 SEWER BACKUP CTY24024 SLIMAN, ELVIE 3/3/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE Page 2 $159 90 GL 3/4/2004 $1,774 90 GL 3/8/2004 $588 57 GL 3/8/2004 $300 00 AB 3/8/2004 $1,802.43 GL 3/8/2004 $0 00 GL 3/162004 $104,000 00 GL 3/23/2004 $0 00 GL 3/23/2004 $4,744 07 GL 3/24/2004 $0.00 AP 3/31/2004 $0 00 GL 4/8/2004 $36.25 AP 4/8/2004 $545 75 GL 4/9/2004 $1,904 10 GL 4/142004 $2,055 46 GL 4/142004 $10,000 00 AL 4/20/2004 $29,187 75 AL 4/20/2004 $898 72 GL 4212004 $1,121 33 GL 4/21/2004 $110 06 AP 4/21/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY23148 ATTAWAY, NATASHA 11/28/2003 CITY POLICE VEHICLE REAR ENDED CLAIMANT VEHICLE CTY22129 LAMBERT, DONDA & RICHARD 10/12/2002 POLICE CAR HIT CLAIMANT VEHICLE CTY24026 GARZA, DIANE 3/14/2004 SEWER BACKUP CTY24028 MCCARTNEY, DAVID 3/14/2004 SEWER BACKUP CTY24031 KEATLEY, DARLA 3/14/2004 SEWER BACKUP CTY24029 HOPE, JOHN & CINDY 3/14/2004 SEWER BACKUP CTY24030 LEWIS, DWIGHT 3/24/2004 CLAIMANTS DOOR DAMAGED BY POLICE CTY24025 BLADOW, AMANDA 1/25/2004 CLAIMANT TIRE DAMAGE FROM POTHOLE CTY23129 MILLER, JERRY & MARILYN 10/28/2003 TREE FELL ON CLAIMANTS HOUSE CTY24027 MACIAS, DENNIS 3/6/2004 SEWER BACKUP CTY24035 ALEGRIA, TINA 4/12/2004 POLICE OFFICER DAMAGED CLAIMANT VEHICLE DURING SEARCH CTY24039 MORSE, ELAINE & EDWARD 4/12/2004 CITY TURNED OFF WATER WITHOUT NOTICE TO CLAIMANT, CAUSING LOSS OF BUSINESS CTY23125 BARRIGA, MARIA 10/13/2003 SEWER BACKUP CTY24013 BARRIGA, MARIA 2/4/2004 SEWER BACKUP CTY24022 SMITH, RAY & ELAINE 3/17/2004 CLAIMANT WINDOW BROKEN FROM ROCK THROWN BY CITY MOWER CTY22087 CASTILLO, JIMMY 5/3/2002 CLAIMANT OFFICER ALLEGES BITTEN BY POLICE DOG CTY24023 HOON, GARY & ROSEMARY 3/9/2004 SEWER BACKUP CTY24034 GRAF INVESTMENTS 3/17/2004 CITY VEHICLE IMPACTED CORNER OF CLAIMANT BUILDING CTY24043 TIPTON, JAMES & ANNE 3/14/2004 SEWER BACKUP CTY24047 MADAMBA, EZEKIO 4/25/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE Page 3 $10,298 45 AP 4/22/2004 $15,708 06 AP 4232004 $843 50 GL 4/26/2004 $11,987.74 GL 4/26/2004 $1,908 00 GL 4/26/2004 $7,300 58 GL 4282004 $0 00 EO 4/29/2004 $68 75 GL 4/3012004 $3,421 05 GL 5/5/2004 $63 12 GL 5/5/2004 $249 34 EO 5/10/2004 $0 00 GL 5/10/2004 $1,241 33 GL 5/122004 $2,186 86 GL 5/12/2004 $83 08 GL 5/122004 $95,000 00 EO 5/132004 $532.67 GL 5/27/2004 $439 01 AP 5272004 $250 00 GL 5/27/2004 $0 00 GL 5/27/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY24049 JETTON, AARON 4/4/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24032 WENDT, HELEN 3/13/2004 SEWER BACKUP CTY24040 WHITE, JANET 3/5/2002 CLAIMANT ALLEGES INADEQUATE HOUSING CTY24041 WHITE, JANET 2/10/2004 CLAIMS YPD AND YFD WRONGFULLY HAD HER COMMITTED TO MEMORIAL PSYCH UNIT CTY24033 DAY, DEBRA 3/26/2004 REFUSE WORKERS ALLEGEDLY DAMAGED CLAIMANT'S GARBAGE CAN CTY24053 TORRES, ROCIO 4/15/2004 CITY SHUT OFF CLAIMANT IRRIGATION WATER, CAUSING DAMAGE TO LAWN CTY24062 DEHNHOFF, RODNEY & JEANETTA 5/20/2004 CLAIMANT VEHICLE DAMAGE FROM CITY STREET PLUG CTY24018 THOMAS, CINDY 2/11/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY24056 SMITH, TODD & CHARLENE 5/13/2004 CLAIMANT VEHICLE DAMAGE FROM CITY STREET PAINT CTY23137 SYVERSON, JEANNE 2/3/2003 WATER FROM KISSEL PARK DRAINED ONTO CLAIMANT'S PROPERTY CTY24046 SHUMWAY, KIM 3/14/2004 SEWER BACKUP CTY24067 SMITH, DOUGLAS CASEY 6/18/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24058 TYLER, CARROL & ELLEN 1/15/2004 CITY BACKHOE DAMAGED HEADSTONE CTY21073 OLIN, MAUREEN AND THOMAS 4/26/2001 CLAIMANT TRIP AND FALL ON WATER METER COVER ON SIDEWALK CTY22148 VORACHACK, MARIA 12/11/2002 REFUSE VEHICLE HIT CLAIMANT VEHICLE CTY23135 ANDERSON, DORTHY 2/3/2003 WATER FROM KISSEL PARK DRAINED ONTO CLAIMANT'S PROPERTY CTY23141 MUNGER, ELSE 11/222003 SEWER BACKUP CTY23155 BARRAGAN, BARDOMIANO & GRACIELA 11/19/2003 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY24002 GONZALES, ANGEL 1/6/2004 CLAIMANT VEHICLE ALLEGEDLY HIT BY SNOW PLOW AT INTERSECTION Page 4 $358 88 GL 6/1/2004 $0 00 GL 6/8/2004 $0 00 EO 6/8/2004 $0 00 EO 6/8/2004 $25 00 GL 6/102004 $0 00 GL 6/102004 $0 00 GL 6/11/2004 $224 01 AP 6/14/2004 $173 72 GL 6/172004 $4,044 30 GL 6/28/2004 $399 50 GL 6292004 $0 00 GL 6/30/2004 $675 56 AP 7/10/2004 $24,000 00 GL 7/15/2004 $41,973 94 AP 7/15/2004 $2,172.96 GL 7/152004 $0 00 GL 7/152004 $0 00 AP 7/15/2004 $0 00 AP 7/15/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY24006 BOSSERT, JAY & HILLARY 1/7/2004 CLAIMANT VEHICLE DAMAGE FROM OPEN MANHOLE CTY24048 VALLADARES, MARIA 5/3/2004 CLAIMANT VEHICLE BROKEN INTO WHILE PARKED IN CITY LOT CTY24054 MERRITT, JERRY & KRIS 4/20/2004 CLAIMANT DRIVEWAY DAMAGED BECAUSE OF INADEQUATE STORM DRAIN CTY24063 BABAYAN, ANITA 5/21/2001 CLAIMANT TRIP AND FALL ON SIDEWALK CTY24061 LOSOYA, CRUZ 5/20/2004 CITY PAINT TRUCK SPRAYED CLAIMANT VEHICLE CTY23102 NUTT, BRENDA 1/1/2001 CLAIMANT ALLEGES HARASSMENT BY PARKING ENFORCEMENT CTY24064 WROBIEWSKI, KATHY 6/7/2004 CLAIMANT ALLEGES IMPROPER TOWING AND SEARCH OF VEHICLE CTY24065 COPELAND, JOSEPH AND DENISE 5/24/2004 SEWER BACKUP CTY24055 NELSON, HORATIO & LANAYA 5/14/2004 SEWER BACKUP CTY24076 HUDON, RICK & PAULA 7/8/2004 REFUSE TRUCK DAMAGED CLAIMANT LAWN CTY24072 ROBLES, MARIA & SIGIFREDO 5/14/1998 CLAIMANT ALLEGES ODOR FROM SEWER TREATMENT PLANT CAUSED INABILITY TO USE YARD CTY24073 ROBLES, ROSA 5/14/1998 CLAIMANT ALLEGES ODOR FROM SEWER TREATMENT PLANT CAUSED INABILITY TO USE YARD CTY24074 BISSELL, CAMILLE & JOHN 6/14/2004 CLAIMANT SLIPPED AND FELL ON SIDEWALK CTY23065 MAYO, SALLY 4/23/2003 CLAIMANT TRIPPED AND FELL ON BENCH AT BUS STOP HIT HEAD WHEN BUS SLAMMED ITS BRAKES ON CTY24070 JARVIS, RENE 5/20/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY22128 GARCIA, ERNESTINO 10/9/2002 ANIMAL CONTROL VEHICLE REAR ENDED CLAIMANT VEHICLE CAUSING DAMAGE AND ALLEGED PERSONAL INJURIES CTY24075 SMITH, KIMBERLY 3/25/2004 CLAIMANT DRIVEWAY SINKING AT ROADSIDE CTY24081 GARCIA, ERNESTINO 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE CTY24082 GARCIA, PEDRO 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE Page 5 $0 00 GL 7/15/2004 $0 00 GL 7/15/2004 $0 00 GL 7/15/2004 $0 00 GL 7/15/2004 $134 88 GL 7/21/2004 $0 00 GL 7/30/2004 $0 00 GL 7/30/2004 $334 39 GL 7/30/2004 $2,816 78 GL 8/2/2004 $269 75 AP 8/13/2004 $0 00 GL 8/23/2004 $0 00 GL 8/23/2004 $50 00 GL 8232004 $20,312.94 GL 9/3/2004 $553 57 GL 9/3/2004 $12,745 70 AP 9/7/2004 $0 00 GL 9/72004 $15,500 00 AP 9/72004 $14,400 00 AP 9/7/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY24083 GARCIA, MARIA 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE CTY23048 LYONS, GAIL 3/24/2003 CLAIMANT FELL ON SIDEWALK AND ALLEGED PERSONAL INJURIES SEE LYONS V CITY, CAUSE NO 04-2-00062-8 CTY24079 SHEPHERD, DAWN 7/26/2004 CLAIMANT ALLEGEDLY INJURED IN BUS ACCIDENT CTY23147 SEAL, ROCHELLE 12/2/2003 FIRE DEPARTMENT VEHICLE REAR ENDED CLAIMANT CTY24085 SCHNADER, DAGMAR 8/5/2004 CITY TRUCK DAMAGED CLAIMANT FENCE CTY24078 HEMINGWAY, STEVEN 7/24/2004 CLAIMANT VEHICLE DAMAGE FROM MANHOLE COVER CTY24086 FIELDS, BONITA & CHARLES 8/11/2004 CLAIMANT TRIPPED AND FELL ON SIDEWALK CTY22149 WASHINES, BRANDON & AMY 12/17/2002 STREETS PICKUP HIT CLAIMANT VEHICLE CTY24052 MILLS, WYLIE 7/31/2001 ALLEGES FALSE ARREST, FALSE IMPRISONMENT, ETC SEE MILLS VS CITY ET AL., CAUSE NO 04-2-01732-6 CTY24057 YOUNG, DONOVAN & DIANE 5/19/2004 WATER RUNOFF OF CITY STREET DAMAGED CLAIMANT PROPERTY Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC $15,000 00 AP 9/7/2004 $7,200 00 GL 9/9/2004 $0 00 AB 9/13/2004 $7,963 30 AB 9/202004 $189 62 AP 9/20/2004 $0 00 GL 9/22/2004 $0 00 GL 9/22/2004 $17,367 91 AP 9/23/2004 $0 00 EO 9/30/2004 $1,085 97 GL 9/30/2004 Total of Closed Claims Paid $510,249 36 Total Number of Closed Claims 107 Page 6 LF Cm( ci YA A LEGAL DEPARTMENT Distribution limited to Council, Zais, Rice & Paolella 200 South Third Street, Yakima, Washington 98901-2830 (509)575-6030 Fax: (509)575-6160 PRIVILEGED AND CONFIDENTIAL: COVERED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES MEMORANDUM October 14, 2004 TO: Honorable Mayor and City Council FROM: Dick Zais, City Manager ( Helen A. Harvey, Senior Assistant City Attorney SUBJ: Third Quarter 2004 Claim Report: Litigation and Damage Claims Settled for $10,000 or More During the period from January 1, 2004 to September 30, 2004, 107 litigation cases and damage claims have been closed, involving total payments of $510,249.36. This figure is reflected on the last page of the Third Quarter 2004 Claim Report. During this same period, fifteen litigation cases and damage claims have settled for $10,000 or more. The largest settlement was in Apollo, Inc. v. City of Yakima, which settled for $104,000. The payment in this construction dispute was funded from the wastewater collection system project fund for Ahtanum Trunk Line and Apple Tree Sewer Extension Project No. 1821. Jimmy Castillo v. City of Yakima settled for $95,000. These two settlements in Apollo and Castillo total $199,000, or 39% of the $510,249.36 figure. In the remaining thirteen cases, four of the claims relate to the same car accident (the three Garcia claims and the State Farm Insurance claim). A total of $57,645.70 was paid as a result of that car accident, which occurred on October 9, 2002. This memo reviews the 15 litigation cases or damage claims which have been resolved this year for $10,000 or more. The total cost of those 15 claims represents 85.7%, or $437,481.99 of the total figure ($510,249.36) paid through September 30, 2004 on the 107 claims. The cases are discussed below starting with the highest settlement in Apollo, Inc. v. City of Yakima - $104,000, and in descending numerical order to Ranta-Davis v. City of Yakima - $10,000. Memo re Litigation and Damage Claims October 14, 2004 Page 2 1. Apollo, Inc. v. City of Yakima (Yakima County Superior Court Cause No. 03-2-00291-6) This construction litigation case was filed on January 27, 2003, by Apollo, Inc., against the City for additional monies that it believed Apollo was owed on the Ahtanum Trunk Line and Apple Tree Sewer Extension Project No. 1821. Apollo sued the City to recover expenses for what it considered extra work done in 2001 under the construction contract between Apollo and the City of Yakima. In the lawsuit, Apollo sought $288,370.22 in damages over and above the contract price that was already paid. There were two main issues in the litigation. The first issue was whether Apollo should be paid for hauling wet dirt from the trench to an off-site location, drying it out, and then returning the dirt to the trench. The second issue was whether Apollo should be paid for delays that occurred when Apollo encountered unanticipated utilities at the project site. The City's position was that the work done was covered by the contract and that no additional monies were due, except approximately $12,000 on the utilities issue. The Apple Tree Partnership (John Borton) was also involved in this case but not named as a party. Apple Tree financed a large portion of the project and therefore had a stake in the outcome of the lawsuit. On February 2, 2004, Apollo and the City of Yakima, represented by counsel, participated in a settlement mediation with mediator David R. Koopmans of Short, Cressman & Burgess. As a result of the mediation, Apollo and the City of Yakima agreed to settle Apollo's claims against the City for $104,000, subject to City Council approval. On February 17, 2004, the Yakima City Council adopted Resolution No. R-2004-38 to approve the settlement and authorize the disbursement of $104,000 to Apollo, Inc. The Settlement and Release Agreement was executed between Apollo and the City on February 24, 2004, and the Stipulated Order of Dismissal with Prejudice was entered with the Court on March 12, 2004. James C. Carmody of Velikanje, Moore and Shore represented Apple Tree. John Spencer Stewart of Stewart Sokol & Gray LLC in Portland represented Apollo. The City was represented by Bryan P. Myre and Robert M. Boggs of Lyon Weigand and Gustafson, PS. 2. Jimmy I. Castillo v. City of Yakima (Yakima County Superior Court Cause No. 02-2-03202-7) On August 8, 2002, Jim Castillo filed a damage claim with the City Clerk. On October 24, 2002, plaintiff filed a Summons and Complaint, and served the City on November 4, 2002. Plaintiff Jim Castillo is a City of Yakima police officer. On May 3, 2002, Officer Jim Castillo and former Officer Lori Sheeley were dispatched in separate cars to a prowler call at 7th Street and Arlington in Yakima. After a decision was made to use police K-9 dog Luca for a building search, Officer Sheeley opened her rear patrol car door to get Luca. Luca Memo re Litigation and Damage Claims October 14, 2004 Page 3 pushed out of the door before Officer Sheeley could get a lead on him, and ran toward Officer Castillo, who was standing near his patrol car. Luca bit Officer Castillo, and Officer Castillo sustained a dog bite injury to his right arm near the elbow which was medically treated immediately following the incident. A recheck three days later revealed signs of infection which eventually required two surgical interventions and hospitalization. Medical expenses paid by the City relating to Officer Castillo's dog bite totaled $16,935, although Officer Castillo asserted a higher medical amount in the approximate amount of $22,000. On March 31, 2004, a settlement mediation was held, with David A. Thorner serving as the mediator. At the mediation, the initial settlement demand by plaintiff was $225,000. The case was settled at the mediation for $95,000. A Release and Settlement Agreement was signed by all parties on May 7, 2004, and a Stipulation and Order of Dismissal with Prejudice was entered by the Court on May 11, 2004. Plaintiff was represented by J. E. Fischnaller of Bellevue. The City was represented by Assistant City Attorney Helen A. Harvey. 3. Ernestino Garcia. 4. Maria Garcia. 5. Pedro Garcia. 6. State Farm Insurance. The City paid a total of $57,645.70 to resolve these four damage claims arising from a single automobile accident. On October 9, 2002, Animal Control Officer Donna Seymour was responding to an emergency call involving a woman who had been bitten by a dog, which was preventing emergency personnel from reaching the injured woman to assist her. While driving to the scene, she rear-ended the Garcias' Mazda Protege. The car was driven by 18 - year -old Maria Garcia. There were four other youths in the car, two of them Ms. Garcia's brothers (Pedro, age 14, and Ernestino, age 16, the owner of the vehicle). Ms. Seymour received a citation for inattention. The Garcia youths were evaluated at an emergency room, treated for neck and back pain, and released. They then sought chiropractic treatment, which continued for approximately a year. The chiropractic bills totaled $15,162 and the emergency room evaluations $1,284.32, making the Garcias' total medical specials approximately $16,446.32. In April 2003 the City paid State Farm Insurance $12,745.70 for Ernestino Garcia's totalled vehicle. The Garcias were represented by Paul Beattie and settled their personal injury claims on August 26, 2004, for a total of $44,900 ($15,500 for Ernestino, $15,000 for Maria, and $14,400 for Pedro Garcia). The total amount paid on this car accident, including the totalled vehicle and three personal injury claims, was $57,645.70. Memo re Litigation and Damage Claims October 14, 2004 Page 4 7. Maria Vorachack. Ms. Vorachack's claim arose from an automobile accident on December 11, 2002, in which her car was struck on the passenger side by a refuse truck. The City's driver, Alex Modest, was issued a citation for failure to yield the right-of-way from a stop sign. The City paid $3,579.13 for Ms. Vorachack's totalled 1985 Toyota Supra, $250 to reimburse the claimant's insurance deductible, and $573.35 in car rental. Ms. Vorachack, who works as a pharmacy technician, received treatment primarily for neck and back pain. Her damages included a work loss claim of $2,571.46 and medical expenses including physical therapy and chiropractic treatments totaling $13,822. The claimant was represented by Denny Colvin. On July 2, 2004, the City paid $35,000 to settle Ms. Vorachack's personal injury claim, bringing the total costs of settlement of the claim to $41,973.94. 8. Jason R. Sterbenz v. Michael A. Nielsen, and City of Yakima (Yakima County Superior Court Cause No. 00-2-02093-6) On September 25, 1997, Jason Sterbenz filed a damage claim with the City Clerk. On August 15, 2000, plaintiff filed suit, alleging that his vehicle was rear-ended by a City Park Patrol van on South First Street between East Nob Hill and East Arlington, and he suffered a whiplash, soft tissue injury, and jaw (TMJ) injury, as well as damage to his vehicle. The driver, then Michael Patlan (now Yakima Police Department Officer Michael Nielsen), was employed at the time as a temporary City employee. On November 25, 1997, the City paid $2,057.16 for plaintiff's car repair, and on December 26, 1997, the City paid $130.59 for plaintiff's car rental. Mr. Sterbenz was in the middle vehicle, which was rear-ended by Michael Patlan's car and then rear-ended the car in front. The claims of the two young women in the front car were resolved. Plaintiff's medical specials totalled approximately $5,000. His jaw (TMJ) injury continued to present medical issues for him, and he planned to have surgery in the future. On October 17, 2003, the plaintiff submitted a written settlement demand of $42,000 (which represented $17,000 for medical and special damages and $25,000 for general damages). Settlement negotiations occurred over an extended period of time. On March 26, 2004, the case was settled for $27,000. Including the 1997 payments, the total amount paid to settle the claim was $29,187.75. On April 15, 2004 the plaintiff's case was dismissed with prejudice. Plaintiff was represented by Russell J. Mazzola. The City was represented by Assistant City Attorney Helen A. Harvey. Memo re Litigation and Damage Claims October 14, 2004 Page 5 9. Maureen and Thomas Olin v. The City of Yakima (Yakima County Superior Court Cause No. 04-2-00555-7) On August 29, 2001, Maureen Olin filed a Claim for Damages with the City Clerk's Office. On February 19, 2004, the plaintiff filed a Summons and Complaint for Money Damages. The suit concerned personal injuries which Ms. Olin alleged that she sustained in a fall on a water meter cover in the sidewalk near 411 W. Nob Hill Boulevard on April 16, 2001. The plaintiff alleged that she injured both shoulders in the fall and most of her medical expenses related to treatments including surgery for her shoulders. On April 10, 2003, the plaintiff's attorney submitted a settlement demand of $125,000, including approximately $32,000 in alleged medical expenses. On June 29, 2004, a settlement mediation was held with David A. Thorner serving as the mediator, and the case was settled for $24,000. On July 14, 2004, a Stipulation and Order of Dismissal with Prejudice was entered with the Court. Plaintiff was represented by Blaine Tamaki of Tamaki Law Offices. The City was represented by Assistant City Attorney Helen A. Harvey. 10. Sally Mayo. This claim relates to two separate incidents involving the transit system. On April 23, 2003, Sally Mayo, who is 49 years old and legally blind, fell in a hole near the base of a bus bench, twisting her right ankle, striking the bench with her right knee, and spraining both wrists and hands. On May 5, 2003, Ms. Mayo was riding on a bus which braked and swerved to avoid a collision; Ms. Mayo was thrown from her seat and struck the seat and handrail in front of her. Ms. Mayo alleged that the design of the small bus (an El Dorado) was not adequately safe for the blind. She resprained her right hand and injured her shoulder, neck, jaw, and lower back. She initially sought chiropractic care for her injuries, but when her knee symptoms worsened, she was treated by an orthopedist. The City paid $6,812.94 directly to the claimant's medical providers and negotiated a settlement of $3,500 for the subrogation demand of the claimant's insurer. On August 18, 2004, the City settled Ms. Mayo's claim for pain and suffering for $10,000, bringing the total paid on this claim to $20,312.94. 11. Amy Washines. On December 17, 2002, Ms. Washines' car was rear-ended by a City pickup driven by Streets supervisor Joe Jackson, who was cited for inattention. The City paid $3,303.15 for damage to the claimant's 1996 Dodge Caravan. Ms. Washines was treated for soft tissue injuries, primarily to her neck. Her medical bills, including physical therapy, totaled $4,064.76. The claimant's 6- Memo re Litigation and Damage Claims October 14, 2004 Page 6 year-old daughter who was also in the car was not injured. On September 23, 2004, the City paid $10,000 to settle the claimant's demand for pain and suffering, for a total payment of $17,367.91 to resolve this claim. 12. Donda Lambert. On October 12, 2002, Donda Lambert's car was side-swiped by a police vehicle driven by Officer Lori Sheeley which was attempting to change lanes. The City paid $3,581.78 to repair Ms. Lambert's 1995 Nissan Maxima and $1,126.28 in car rental. Ms. Lambert sought chiropractic care and massage therapy for head, neck, shoulder and back injuries. Her medical expenses totaled $3,151. The claimant was represented by Scott Brumback. On April 15, 2004, the City paid $11,000 to settle Ms. Lambert's personal injury claim, for a total payment on this claim of $15,708.06. 13. David McCartney. On March 14, 2004, the sewer backed up into the basement of several residences near Lincoln and 40th Avenue. Mr. McCartney's claim was one of six damage claims from property owners and residents arising from that backup, which was caused by unusually heavy grease. No obvious source of the grease could be determined. Wastewater maintenance records indicated that since 1996 City crews had responded to emergency calls on this line approximately once every two years, but until this backup the line had inadvertently been omitted from the schedule of routine maintenance. The McCartney property is a duplex at 4004 West Lincoln, one unit of which includes a finished basement with a family room, kitchen and bath. The duplex had a backflow valve, but the City's claims adjuster believes that the wastewater which entered the basement was the result of the duplex's tenants using their sinks, toilets, showers, and laundries while the backflow valve was engaged, forcing the occupants' own wastewater into the basement. Damages included a ServiceMaster bill as well as a carpet and Sheetrock walls and wooden base, which had to be replaced. The actual cash value of the structural damages was $11,787.74. The claimants' labor in the cleanup brought their total damages to $11,987.74, which the City paid on April 23, 2004. The cost to the City of resolving all six claims arising from this sewer backup was $22,689.32. 14. Natasha Attaway. On November 28, 2003, Ms. Attaway's vehicle was rear-ended by a police vehicle driven by Officer Lori Sheeley. The City paid $7,255.95 to resolve the claimant's property damages ($4,400.62 vehicle repair, $1,855.33 car rental, and $1,000 towing). Ms. Attaway, who was driving the vehicle, complained of Memo re Litigation and Damage Claims October 14, 2004 Page 7 soft tissue injuries. On March 8, 2004, the City paid the claimant $500 to settle her bodily injury claim. Two passengers in the Attaway vehicle were evaluated at an emergency room for minor neck and back injuries and released; the City paid their medical and ambulance bills totaling $2,542, bringing the total amount paid to resolve this claim to $10,297.95. 15. Azalea Kay Ranta-Davis v. City of Yakima (Yakima County Superior Court Cause No. 03-2-04021-4) On November 19, 2003, Azalea Ranta-Davis filed a Summons and Complaint for Damages in Yakima County Superior Court against the City of Yakima, alleging negligence by the City as the cause of action. Ms. Ranta-Davis claimed that on November 28, 2000, she was injured while a passenger in a Yakima Police transport vehicle, driven by a City of Yakima employee, Greg Gonzalez, who was returning inmates from the Municipal Court to the County jail. The driver of the transport vehicle, which was a Ford van, stopped at the red traffic light at Chestnut Street behind another vehicle. When the light turned green, the driver in front of the transport vehicle proceeded to move forward as did the driver of the transport vehicle. The driver of the car directly in front of the transport vehicle stopped and took a left turn into a parking lot, requiring the driver of the transport vehicle to sharply apply the brakes. Ms. Ranta-Davis was in the back of the transport vehicle in police custody with her hands handcuffed behind her back. She was seated on a metal seat which did not have seatbelts. The Complaint stated that Ms. Ranta-Davis was placed in the back of the vehicle "in a cage with no seatbelts" and that the "driver negligently operated the transport vehicle in such a manner as to cause a vehicular accident," and that the accident caused Ms. Ranta-Davis to be "thrown about" the vehicle, resulting in her physical injuries and her continued physical disability, pain, emotional trauma, medical expenses, loss of earnings, earnings capacity and other damages. On October 23, 2003, Ms. Ranta-Davis submitted a settlement demand of $130,000 and alleged $2,440 in medical expenses and $21,000 in wage loss, for claimed net economic damages of $23,440.65. Settlement negotiations occurred. On April 5, 2004, the case was settled for $10,000. A Release and Settlement Agreement was signed by all parties, and a Stipulation and Order of Dismissal with Prejudice was entered with the Court on April 14, 2004. The plaintiff was represented by Darrell K. Smart of Smart Law Offices in Yakima. The City was represented by Assistant City Attorney Helen A. Harvey. CLOSED CLAIMS FROM 01/01/2004 TO 09/30/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY23068 SCHAFER, ROBERT 6/16/2003 DUST ABATEMENT MATERIAL DAMAGED CLAIMANT'S VEHICLE CTY23113 ANDREWS, VELMA & ALFRED 7/1/2003 OVERPAYMENT FOR PROPERTY CLEANUP CTY23145 MINER, DIANE 10/28/2003 REFUSE TRUCK DAMAGED CLAIMANT'S MAILBOX CTY23150 ALEXANDER, ANTHONY 7/8/2003 CLAIMANT ALLEGES WISHA DISCRIMINATION CTY23127 SPRATT, CYNTHIA 10/14/2003 REMOVAL OF BULLET FOR EVIDENCE DAMAGED CLAIMANTS HOUSE CTY23146 MORFIN, JESUS & ELOISA 12/5/2003 TREE BRANCH DAMAGED FENCE CTY23152 BURNS, MARTHA & MARK 12/15/2003 CITY VEHICLE BACKED INTO CLAIMANT VEHICLE CTY23142 STEVENSON, ELAINE J 11/6/2003 SEWER BACKUP CTY24005 ROYBAL, RODNEY 11/12003 POTHOLE CAUSED DAMAGE TO CLAIMANT VEHICLE CTY24003 BASTARDO, FRANK & ESTHER 1/4/2004 SEWER BACKUP CTY23151 GONZALEZ, LOLA 9/23/2003 CLAIMANT ALLEGES THAT SHE HAS BEEN OVERCHARGED FOR WATER CTY23140 SCHOOLEY, COLETTE & MARK 11212003 GARBAGE TRUCK PULLED DOWN POWER LINE CTY24004 HESSENTHALER, WALTER 1/8/2004 UNCOVERED MANHOLE DAMAGED CLAIMANT VEHICLE CTY23149 PERKINS, BRIAN 12/11/2003 CLAIMANTS VEHICLE WINDOW DAMAGED WHILE ON CITY PROPERTY CTY24001 HAYNES, ANDREW & KATHRYN 1/4/2004 CITY TOOK 3 1/2 HOURS TO SHUT OFF WATER AFTER PIPE BROKE CTY24010 SANCHEZ, HUGO 1/26/2004 SEWER BACKUP CTY24014 LONG, MAXINE 2/72004 CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER VEHICLE CTY24007 O'HARA, GERALD & LINDA 1/13/2004 SNOW PLOW DAMAGED CLAIMANT LAWN CTY24008 RAMOS, SERINA 1/8/2004 SNOW PLOW RAN OVER CLAIMANT GARBAGE CANS Page 1 $151 10 GL 1/6/2004 $100 00 EO 1/12/2004 $35 00 AP 1/23/2004 $500.00 GL 1/23/2004 $295 51 GL 2/4/2004 $420.42 GL 2/6/2004 $1,193 38 AP 2/6/2004 $297.46 GL 2/10/2004 $53816 GL 2/10/2004 $312.07 GL 2/12/2004 $0 00 EO 2/13/2004 $3,531.24 AP 2/182004 $606.51 GL 2/23/2004 $0 00 GL 2252004 $500 00 GL 2/26/2004 $985 00 GL 3/1/2004 $0 00 AB 3/1/2004 $0 00 AP 3/3/2004 $0 00 AP 3/3/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY24009 RODRIGUEZ, IRMA 1/20/2004 POTHOLE DAMAGED CLAIMANT VEHICLE CTY23131 BURROW, CARL & MARTHA 10/9/2003 SEWER BACKUP CTY23138 BURGESS, JERRY & AUDREY 11/11/2003 DUST FROM KISSEL PARK BLEW ON CLAIMANTS PROPERTY CTY23143 CLARK, LISA 11/24/2003 BUS DOOR PINCHED CLAIMANT CTY24012 VIVEROS, JESSICA & JACOB 1/31/2004 SEWER BACKUP CTY23075 BOOTHMAN, RODGER AND CHRISTINE 6/30/2003 GOLF BALL DAMAGED CLAIMANT'S WINDSHIELD AND BEDROOM WINDOW CTY22115 APOLLO, INC. 12202001 CONSTRUCTION CONTRACT CLAIM FOR ADDITIONAL COSTS FOR INTERFERENCES OF UTILITIES ON AHTANUM TRUNK LINE CTY22151 HELEN VANCE / HARTFORD CASUALTY INSURANCE CO. 12/22/2000 SLIP AND FALL ON ALLEGED ICY PARKING LOT CTY23153 SHAUL, STEPHEN & GRACE 12/17/2003 SEWER BACKUP CTY21003 BARBOSA, LUIS & GEORGIA 1/16/2001 CITY BUS HIT CLAIMANT VEHICLE CTY23133 SCHMIDT, MARTIN 10/30/2003 POLICE FORCED ENTRY CTY24011 RAUERT, ROBERT & COLLEEN 1/8/2004 CITY VEHICLE BACKED INTO CLAIMANT DRIVE AND DAMAGED TIER LIGHT CTY24021 BEVERLY, BETTY 3/142004 GOLF BALL DAMAGED CLAIMANT VEHICLE CTY22104 PELATT, AUDREY & JIM 8/21/2002 CLAIMANT TRIPPED AND FELL ON SIDEWALK CTY23154 HERREID, LARRY & SHIRLEY 4/1/2003 SEWER BACKUP CTY20097 RANTA-DAVIS, AZALEA 11282000 CLAIMANT INJURED IN BACK OF POLICE VAN CTY97146 STERBENZ, JASON RICHARD 8/28/1997 VEHICLE ACCIDENT CTY24015 VINEYARD CHRISTIAN FELLOWSHIP 2/17/2004 SEWER BACKUP CTY24020 CONNECTIONS FELLOWSHIP 2/17/2004 SEWER BACKUP CTY24024 SLIMAN, ELVIE 3/3/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE Page 2 $159 90 GL 3/4/2004 $1,774 90 GL 3/8/2004 $588.57 GL 3/8/2004 $300 00 AB 3/8/2004 $1,802.43 GL 3/8/2004 $0 00 GL 3/162004 $104,000.00 GL 3/232004 $0.00 GL 3/23/2004 $4,744 07 GL 3242004 $0 00 AP 3/312004 $0 00 GL 4/82004 $36.25 AP 4/8/2004 $545 75 GL 4/9/2004 $1,904 10 GL 4/14/2004 $2,055.46 GL 4/14/2004 $10,000 00 AL 4/20/2004 $29,187 75 AL 4202004 $898 72 GL 4/21/2004 $1,121 33 GL 4/21/2004 $110 06 AP 4/21/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY23148 ATTAWAY, NATASHA 11/28/2003 CITY POLICE VEHICLE REAR ENDED CLAIMANT VEHICLE CTY22129 LAMBERT, DONDA & RICHARD 10/12/2002 POLICE CAR HIT CLAIMANT VEHICLE CTY24026 GARZA, DIANE 3/14/2004 SEWER BACKUP CTY24028 MCCARTNEY, DAVID 3/14/2004 SEWER BACKUP CTY24031 KEATLEY, DARLA 3/14/2004 SEWER BACKUP CTY24029 HOPE, JOHN & CINDY 3/14/2004 SEWER BACKUP CTY24030 LEWIS, DWIGHT 3/24/2004 CLAIMANT'S DOOR DAMAGED BY POLICE CTY24025 BLADOW, AMANDA 1/25/2004 CLAIMANT TIRE DAMAGE FROM POTHOLE CTY23129 MILLER, JERRY & MARILYN 10/28/2003 TREE FELL ON CLAIMANTS HOUSE CTY24027 MACIAS, DENNIS 3/6/2004 SEWER BACKUP CTY24035 ALEGRIA, TINA 4/12/2004 POLICE OFFICER DAMAGED CLAIMANT VEHICLE DURING SEARCH CTY24039 MORSE, ELAINE & EDWARD 4/12/2004 CITY TURNED OFF WATER WITHOUT NOTICE TO CLAIMANT, CAUSING LOSS OF BUSINESS CTY23125 BARRIGA, MARIA 10/13/2003 SEWER BACKUP CTY24013 BARRIGA, MARIA 2/4/2004 SEWER BACKUP CTY24022 SMITH, RAY & ELAINE 3/17/2004 CLAIMANT WINDOW BROKEN FROM ROCK THROWN BY CITY MOWER CTY22087 CASTILLO, JIMMY 5/3/2002 CLAIMANT OFFICER ALLEGES BITTEN BY POLICE DOG CTY24023 HOON, GARY & ROSEMARY 3/9/2004 SEWER BACKUP CTY24034 GRAF INVESTMENTS 3/17/2004 CITY VEHICLE IMPACTED CORNER OF CLAIMANT BUILDING CTY24043 TIPTON, JAMES & ANNE 3/14/2004 SEWER BACKUP CTY24047 MADAMBA, EZEKIO 4/25/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE Page 3 $10,298 45 AP 4/22/2004 $15,708 06 AP 4/23/2004 $843 50 GL 4/26/2004 $11,98774 GL 4/26/2004 $1,90800 GL 4/26/2004 $7,300 58 GL 4/28/2004 $0 00 EO 4/29/2004 $68 75 GL 4/30/2004 $3,421.05 GL 5/5/2004 $63.12 GL 5/5/2004 $249.34 EO 5/10/2004 $0 00 GL 5/10/2004 $1,241 33 GL 5/122004 $2,186 86 GL 5/12/2004 $83.08 GL 5/122004 $95,000 00 EO 5/13/2004 $532.67 GL 5/27/2004 $439 01 AP 5/27/2004 $250 00 GL 5/27/2004 $0 00 GL 5/27/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY24049 JETTON, AARON 4/4/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24032 WENDT, HELEN 3/132004 SEWER BACKUP CTY24040 WHITE, JANET 3/5/2002 CLAIMANT ALLEGES INADEQUATE HOUSING CTY24041 WHITE, JANET 2/102004 CLAIMS YPD AND YFD WRONGFULLY HAD HER COMMITTED TO MEMORIAL PSYCH UNIT CTY24033 DAY, DEBRA 3/26/2004 REFUSE WORKERS ALLEGEDLY DAMAGED CLAIMANTS GARBAGE CAN CTY24053 TORRES, ROCIO 4/15/2004 CITY SHUT OFF CLAIMANT IRRIGATION WATER, CAUSING DAMAGE TO LAWN CTY24062 DEHNHOFF, RODNEY & JEANETTA 5/20/2004 CLAIMANT VEHICLE DAMAGE FROM CITY STREET PLUG CTY24018 THOMAS, CINDY 2/11/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY24056 SMITH, TODD & CHARLENE 5/13/2004 CLAIMANT VEHICLE DAMAGE FROM CITY STREET PAINT CTY23137 SYVERSON, JEANNE 2/3/2003 WATER FROM KISSEL PARK DRAINED ONTO CLAIMANTS PROPERTY CTY24046 SHUMWAY, KIM 3/14/2004 SEWER BACKUP CTY24067 SMITH, DOUGLAS CASEY 6/182004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY24058 TYLER, CARROL & ELLEN 1/15/2004 CITY BACKHOE DAMAGED HEADSTONE CTY21073 OLIN, MAUREEN AND THOMAS 4/26/2001 CLAIMANT TRIP AND FALL ON WATER METER COVER ON SIDEWALK CTY22148 VORACHACK, MARIA 12/11/2002 REFUSE VEHICLE HIT CLAIMANT VEHICLE CTY23135 ANDERSON, DORTHY 2/3/2003 WATER FROM KISSEL PARK DRAINED ONTO CLAIMANTS PROPERTY CTY23141 MUNGER, ELSE 11/22/2003 SEWER BACKUP CTY23155 BARRAGAN, BARDOMIANO & GRACIELA 11/19/2003 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY24002 GONZALES, ANGEL 1/6/2004 CLAIMANT VEHICLE ALLEGEDLY HIT BY SNOW PLOW AT INTERSECTION Page 4 $358.88 GL 6/1/2004 $0 00 GL 6/8/2004 $0.00 EO 6/8/2004 $0.00 EO 6/8/2004 $25 00 GL 6/10/2004 $0 00 GL 6/10/2004 $0 00 GL 6/11/2004 $224 01 AP 6/14/2004 $173.72 GL 6/17/2004 $4,044 30 GL 6/28/2004 $399 50 GL 6/29/2004 $0.00 GL 6/30/2004 $675 56 AP 7/102004 $24,000 00 GL 7/15/2004 $41,973.94 AP 7/15/2004 $2,172.96 GL 7/152004 $0 00 GL 7/15/2004 $0 00 AP 7/152004 $0.00 AP 7/15/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY24006 BOSSERT, JAY & HILLARY 1172004 CLAIMANT VEHICLE DAMAGE FROM OPEN MANHOLE CTY24048 VALLADARES, MARIA 5/32004 CLAIMANT VEHICLE BROKEN INTO WHILE PARKED IN CITY LOT CTY24054 MERRITT, JERRY & KRIS 4/20/2004 CLAIMANT DRIVEWAY DAMAGED BECAUSE OF INADEQUATE STORM DRAIN CTY24063 BABAYAN, ANITA 5212001 CLAIMANT TRIP AND FALL ON SIDEWALK CTY24061 LOSOYA, CRUZ 5/20/2004 CITY PAINT TRUCK SPRAYED CLAIMANT VEHICLE CTY23102 NUTT, BRENDA 1/1/2001 CLAIMANT ALLEGES HARASSMENT BY PARKING ENFORCEMENT CTY24064 WROBIEWSKI, KATHY 6/7/2004 CLAIMANT ALLEGES IMPROPER TOWING AND SEARCH OF VEHICLE CTY24065 COPELAND, JOSEPH AND DENISE 5/24/2004 SEWER BACKUP CTY24055 NELSON, HORATIO & LANAYA 5/14/2004 SEWER BACKUP CTY24076 HUDON, RICK & PAULA 7/8/2004 REFUSE TRUCK DAMAGED CLAIMANT LAWN CTY24072 ROBLES, MARIA & SIGIFREDO 5/14/1998 CLAIMANT ALLEGES ODOR FROM SEWER TREATMENT PLANT CAUSED INABILITY TO USE YARD CTY24073 ROBLES, ROSA 5/14/1998 CLAIMANT ALLEGES ODOR FROM SEWER TREATMENT PLANT CAUSED INABILITY TO USE YARD CTY24074 BISSELL, CAMILLE & JOHN 6/14/2004 CLAIMANT SLIPPED AND FELL ON SIDEWALK CTY23065 MAYO, SALLY 4/23/2003 CLAIMANT TRIPPED AND FELL ON BENCH AT BUS STOP. HIT HEAD WHEN BUS SLAMMED ITS BRAKES ON CTY24070 JARVIS, RENE 5/20/2004 CLAIMANT VEHICLE DAMAGE FROM POTHOLE CTY22128 GARCIA, ERNESTINO 10/9/2002 ANIMAL CONTROL VEHICLE REAR ENDED CLAIMANT VEHICLE CAUSING DAMAGE AND ALLEGED PERSONAL INJURIES CTY24075 SMITH, KIMBERLY 3252004 CLAIMANT DRIVEWAY SINKING AT ROADSIDE CTY24081 GARCIA, ERNESTINO 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE CTY24082 GARCIA, PEDRO 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE Page 5 $0 00 GL 7/15/2004 $0 00 GL 7/152004 $0 00 GL 7/152004 $0 00 GL 7/15/2004 $134 88 GL 7212004 $0.00 GL 7/30/2004 $0 00 GL 7/302004 $334 39 GL 7/30/2004 $2,816 78 GL 8/2/2004 $269 75 AP 8/13/2004 $0.00 GL 8/23/2004 $0 00 GL 8232004 $50 00 GL 8/23/2004 $20,312.94 GL 9/3/2004 $553 57 GL 9/3/2004 $12,745.70 AP 9/7/2004 $0 00 GL 9/72004 $15,500 00 AP 9/72004 $14,400 00 AP 9/7/2004 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2004 to 9/30/2004 Claimant / Description Paid ToDate Type Closed CTY24083 GARCIA, MARIA 10/9/2002 ANIMAL CONTROL VEHICLE REAR-ENDED CLAIMANT VEHICLE CTY23048 LYONS, GAIL 3/24/2003 CLAIMANT FELL ON SIDEWALK AND ALLEGED PERSONAL INJURIES SEE LYONS V CITY, CAUSE NO 04-2-00062-8 CTY24079 SHEPHERD, DAWN 7/26/2004 CLAIMANT ALLEGEDLY INJURED IN BUS ACCIDENT CTY23147 SEAL, ROCHELLE 12/2/2003 FIRE DEPARTMENT VEHICLE REAR ENDED CLAIMANT CTY24085 SCHNADER, DAGMAR 8/5/2004 CITY TRUCK DAMAGED CLAIMANT FENCE CTY24078 HEMINGWAY, STEVEN 7242004 CLAIMANT VEHICLE DAMAGE FROM MANHOLE COVER CTY24086 FIELDS, BONITA & CHARLES 8/11/2004 CLAIMANT TRIPPED AND FELL ON SIDEWALK CTY22149 WASHINES, BRANDON & AMY 12/172002 STREETS PICKUP HIT CLAIMANT VEHICLE CTY24052 MILLS, WYLIE 7/31/2001 ALLEGES FALSE ARREST, FALSE IMPRISONMENT, ETC SEE MILLS VS CITY ET AL., CAUSE NO 04-2-01732-6 CTY24057 YOUNG, DONOVAN & DIANE 5/19/2004 WATER RUNOFF OF CITY STREET DAMAGED CLAIMANT PROPERTY Compiled on 10/6/2004 from the records of ZAREMBA CLAIMS SERVICE, INC $15,000 00 AP 9/7/2004 $7,200.00 GL 9/9/2004 $0.00 AB 9/13/2004 $7,963.30 AB 9202004 $189.62 AP 9202004 $0.00 GL 9222004 $0.00 GL 9222004 $17,367.91 AP 9/23/2004 $0.00 EO 9/30/2004 $1,085 97 GL 9/302004 Total of Closed Claims Paid $510,249 36 Total Number of Closed Claims 107 Page 6 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. f For Meeting of October 19, 2004 ITEM TITLE: 3rd Quarter 2004 Claim Report and Resolution authorizing and approving 3rd Quarter 2004 claims activity SUBMITTED BY: Legal Department and Finance Department CONTACT PERSON/TELEPHONE: Helen A. Harvey, Assistant City Attorney, 575-6030 [11 Rita Anson, Finance Director, 575-6070 SUMMARY EXPLANATION: The purpose of this report is to provide historical information on claims made against the City of Yakima pertaining to general exposures. The report includes information for year 2004 claims by: (a) type of loss; (b) department summary; (c) claim listing by department; (d) a listing of all claims opened or closed during 2004; and (e) a listing of all claims closed from 1/1/ 04 to 9/30/04. Adopting the attached claims resolution affirms and ratifies the payments made in the 3rd quarter of 2004 as disclosed in the report. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-166