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Item No. 3. 
MEETING DATE: October 5, 2020
 
TO: HONORABLE MAYOR AND COUNCILMEMBERS
 
FROM: JIM SADRO, CITY MANAGER
By:  Elvie Balderrama, Human Resources Director

 
SUBJECT: APPROVE DENIAL OF LIABILITY CLAIM OF ANDREA VALDEZ AND MICHELLE NEWARK FOR WRONGFUL DEATH

RECOMMENDATION:

That the City Council deny the claim of Ms. Andrea Valdez and Ms. Michelle Newark in order to set a definite six-month Statute of Limitations date.

DISCUSSION:

On June 1, 2020, an attorney representing Andrea Valdez and Michelle Newark filed a wrongful death claim with the City in the amount of $10,500,000.  The claim alleges that on December 15, 2019, at approximately 2:10 a.m., the claimants' mother, Lynn Barton, was crossing Harbor Boulevard on foot south of the intersection at La Habra Boulevard.  While crossing the roadway, Ms. Barton was struck and killed by a vehicle traveling southbound on Harbor Boulevard. The claimants allege that the roadway where the incident occurred constituted a dangerous condition.
 

FISCAL IMPACT/SOURCE OF FUNDING:

None

GENERAL PLAN RELEVANCE:

ED 9.1 Balanced Fiscal Practices