OF RIALTO CITY OF RIALTO CITY CLERK'S DATE STAMP
CALIFORNI LIABILITY
CLAIM FOR DAMAGES CITY OF RIALTO
TO PERSON OR PROPERTY 2024 MAY 30 AM 9: 09
1. Claims for death, injury to person, or to personal property must be filed not later than six (6) months after the occurrence (Gov. Code $911.2). RECEIVED
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code §911.2). CITY CLERK
3.READ ENTIRE CLAIM FOR BEFORE FILING RETURN TO:
4.ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Rialto City Clerk's Office Mail: 150 S. Palm Ave., Rialto, CA 92376
Address: 290 W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
Edmundo Vera, Fernando Vera, and Juan Vera
FULL NAME -
DATE OF BIRTH
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO.
McCune Law Group, APC
( 909 ) 557-1250
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE Brynna D. Popka, McCune Law Group, APC
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above): 3281 E. Guasti Rd., Ste 100, Ontario, CA 91761
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: December 15, 2023 TIME: Approx. 5:14 p.m. •AM OPM
2. PLACE OF ACCIDENT (OCCURRENCE) BE SPECIFIC - Describe fully and (if applicable) locate on diagram on reverse side of this sheet.
Where appropriate, give street names and addresses, measurements and landmarks.
Randall Ave., approximately 155 feet east of Evergreen Lane in San Bernardino County California
3. HOW DID DAMAGE OR INJURY OCCUR?
Dangerous condition of roadway; and surrounding area (see attachment)
4. WERE POLICE AT THE SCENE? * YES• NO WERE PARAMEDICS AT THE SCENE? * YES • NO
5. WHAT PARTICULAR ACT OR OMISSION DO YOU CLAIM CAUSED THE INJURY OR DAMAGES? Give the name of the city/town employee causing the injury or damage, if known.
Dangerous condition of roadway owned, operated, designed, planned, engineered, maintained, inspected, repaired, failed to repair or controlled by City of Rialto - See Attachment
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ Exceeds $50,000 HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
Item/Date:
Amount: $
Item/Date: Amount: $
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $. Exceeds $50,000 ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Item/Date:
Amount: $
Item/Date:
Amount: $
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: $ Exceeds $50,000
7. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additional pages, if necessary) NAME: Rickey Lynn Foral
NAME:
ADDRESS:
ADDRESS:
TELEPHONE: L
TELEPHONE: |)
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: Decedent Eva Vera was transported to Arrowhead Regional Medical Center NAME:
ADDRESS: 400 N. Pepper Ave.
ADDRESS:
Colton, CA 92324
TELEPHONE: (
TELEPHONE: | 1
DATE: TIME:
ШАМ • PM DATE: TIME: • АМ • PM
9. PLEASE READ THE FOLLOWING CAREFULLY:
For all vehicle accident claims, place on the following diagram, the names of streets, including NORTH, EAST, SOUTH AND WEST directions. Indicate place of accident by "X" and by showing house numbers or distances to street corners.
If a city/town vehicle was involved, designate by letter "A" location of the City/Town vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Town vehicle; location of City/Town vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the → NOTE: IF THE DIAGRAM BELOW DOES NOT FIT THE SITUATION, PLEASE ATTACH A PROPER DIAGRAM SIGNED BY THE CLAIMANT.
CURB
PARKWAY
SIDEWALK
I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF; AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF; AND AS TO THOSE MATTERS I BELIEVE THEM TO BE TRUE.
I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGENT
Brynna D. Popka May 29, 2024
TYPE OR PRINT NAME DATE
Attorney for Claimants
RELATIONSHIP TO CLAIMANT
NOTE: PRESENTATION OF A FALSE CLAIM IS A FELONY (CA PENAL CODE 72) RETURN CLAIM TO: RIALTO CITY CLERK'S OFFICE - 150 S. PALM AVE., RIALTO, CA 92376 1 Brynna D. Popka (SBN 310801)
[email protected] CITY OF RIALTO
2 MCCUNE LAW GROUP, APC
2024 MAY 30 AM 9: 11
3 3281 East Guasti Road, Ste. 100
ntario, California 9176 RECEIVED
4 elephone: (909) 557-125 CITY CLERK
Facsimile: (909) 557-1275
5 6
Attorneys for Claimant
7 8
9 10
= EDMUNDO VERA; FERNANDO VERA;
JUAN VERA: Decedent, EVA VERA CLAIM FOR DAMAGES
12 TO: CITY OF RIALTO
Claimants,
13 v.
14 15 CITY OF RIALTO,
16 Respondent.
18 NAME OF CLAIMANTS: EDMUNDO VERA; FERNANDO VERA; JUAN VERA:
19 Decedent, EVA VERA
20 ADDRESS OF CLAIMANT:
21 ADDRESS TO WHICH NOTICES McCUNE LAW GROUP, APC
22 SHOULD BE SENT: 3281 E. Guasti Road, Suite 100
23 Ontario, CA 91761
24 DATE OF ACCIDENT: December 15, 2023
25 LOCATION OF ACCIDENT:
Randall Avenue, approximately 155 east of Evergreen
26 Lane, in San Bernardino County, California. The precise location of the incident may be in Fontana, Bloomington, 27 Rialto, or in an unincorporated area of San Bernardino County.
28 -1-
CLAIM FOR DAMAGES
1 CIRCUMSTANCES OF ACCIDENT:
On December 15, 2023 at or around 5:14 p.m., Eva Vera
2 was a pedestrian who was struck by a vehicle as she was walking with a walker east on Randall Avenue. There was 3 inadequate lighting and no sidewalk in the area where Eva 4 Vera was a pedestrian. Eva Vera was fatally injured as a result of the accident which occurred at or near Randall 5 Avenue in or near the City of Fontana, Bloomington, Rialto or an unincorporated area in the County of San Bernardino, 6 California.
7 INJURIES:
Blunt force injuries to Eva Vera, which were fatal, leading 8 to Claimants' wrongful death damages.
9 CAUSE OF DAMAGES
10 On December 15, 2023, the City of Rialto and/or its management, administrative, designers, 11 planners, engineers, maintenance personnel, inspectors, contractors and other employees, staff, agents or 12 contractors, acting within the course and scope of their duties and/or employment failed to properly 13 install, maintain, repair, operate, monitor and/or control the roadway at the accident site and/or control 14 the street lights and/or provide adequate street lighting and/or control the traffic/install sidewalks and/or 15 signs for motorists (driving on Randall Avenue in between Alder Avenue and Locust Avenue in San 16 Bernardino County, California) to perceive, react and avoid hitting pedestrians walking in the area and 17 for pedestrians to avoid being hit by motorists. Motorists driving on Randall Avenue would be travelling 18 at high speeds and would not give a pedestrian or the motorist adequate time to see, perceive and avoid 19 each other given the geometry of the street and of the roadway. This location lacked appropriate visual 20 cues, signage and/or warnings to warn drivers that pedestrians may be in the area. The roadway 21 interfered with a driver's ability to see the pedestrian. The geometry of the roadway, visual obstructions 22 along the roadway, inadequate lighting, inadequate warning of pedestrians being present, lack of 23 sidewalks, motorist speed, and inability to see pedestrians were physical features of the location that 24 made it dangerous. This location created a trap for motorists and for pedestrians. There was a special 25 need of lighting, signals, sidewalks, safety features, speed control measures and signs in order to reduce 26 the risk of injury to pedestrians. There was a high volume of vehicular and pedestrian traffic such that 27 the City of Rialto knew or should have known that this was a dangerous condition of public property. 28 -2-
CLAIM FOR DAMAGES
1 These failures, acts and omissions were inherently dangerous and created a peculiar risk and 2 nuisance. The safe and normal function of the roadways were suspended and the City of Rialto should 3 have properly informed drivers and pedestrians of what to expect at an area that had high volumes of 4 traffic, higher speeds, high speed limit, limited visibility, no sidewalks and broken or inadequate 5 lighting.
6 The City of Rialto and/or its management, administrative, designers, planners, engineers, 7 maintenance personnel, inspectors and/or other employees, staff, agents or contractors, acting within the 8 course and scope of their duties and through negligent or wrongful acts or omissions created, or allowed to be created, a dangerous condition under Gov. Code § 835. The installation, maintenance, repair, 10 operation, monitoring and/or control of the street lighting/warning devices/speed control measures was 11 done negligently, inadequately and improperly and, together with and independent of the absence of a 12 stop sign, sidewalks, cross-walk and/or traffic control signals and/or sign warning motorists that there 13 existed a significant pedestrian traffic or a sign or signage that pedestrians might be present in an area 14 without sidewalks, and/or other appropriate traffic controls), and created a hazard, trap and dangerous 15 condition under Gov. Code § 835. It also created a peculiar risk and trap - the unsafe non-functioning 16 and improper lighting/warning and things listed above, creating a dangerous condition not reasonably 17 apparent to pedestrians and motorists.
18 As a result of these dangerous conditions and the driving by the driver of the car, Decedent Eva 19 Vera was struck and fatally injured.
20 Sufficient time passed from the moment the dangerous conditions were created such that the City 21 of Rialto knew or should have known a dangerous condition was created and such that it had sufficient 22 time to have remedied or warned against the dangerous condition. 23 The collision was foreseeable to the City of Rialto and, yet, it failed to warn pedestrians and 24 drivers. It is believed that notice was actually provided to the City through prior accidents under similar 25 circumstances such that the City had sufficient time to take action to remedy the dangerous conditions. 26 The City of Rialto and/or its management, administrative, designers, planners, engineers, 27 maintenance personnel, inspectors and/or other employees, staff, agents or contractors, acting within the 28 course and cope of their duties and/or employment negligently, unreasonably and improperly owned, -3-
CLAIM FOR DAMAGES
1 operated, designed, planned, engineered, maintained, inspected, repaired, failed to repair, and controlled 2 the roadways; thereby creating dangerous conditions and exposing pedestrians and drivers to dangerous 3 conditions. This governmental entity undertook to control the subject area, invited reliance on the 4 subject area and are liable as it created a dangerous condition in doing so. 5 The dangerous conditions created a reasonably foreseeable risk of the kind of injuries which 6 were incurred, and (a) were created by a negligent or wrongful act or omission of an employee of the 7 City of Rialto; and/or (b) the City of Rialto had actual or constructive notice of the dangerous conditions 8 a sufficient time prior to the injury to have taken measures to protect against the dangerous conditions. 9 These dangerous conditions and these acts and omissions of the City of Rialto (and its 10 management, administrative, designers, planners, engineers, maintenance personnel, inspectors and/or 11 other employees, staff, agents or contractors, acting within the course and scopes of their duties) 12 proximately caused the Claimants' injuries.
13 Further, these dangerous conditions were directly attributable wholly or in substantial part to a 14 negligent or wrongful act of these employees of the City of Rialto and these employees had the authority 15 and the funds and other means immediately available to take alternative action which would not have 16 created the dangerous condition; and/or these employees had the authority and it was his/her/their 17 responsibility to take adequate measures to protect against the dangerous condition at the expense of the 18 public entity and the funds and other means for doing so were immediately available to him/her/them, 19 and he/she/they had actual or constructive notice of the dangerous condition. 20 Further, signs, warnings, speed control, or other devices were necessary to warn of these 21 dangerous conditions which endangered the safe movement of traffic and pedestrians and which would 22 not be reasonably apparent to, and would not have been anticipated by, a person exercising due care, 23 particularly in an area with no sidewalks and inadequate lighting. 24 Further, the City of Rialto and its employees acting within the scope of their employment 25 undertook, gratuitously or for consideration, to avoid, remedy and/or abate these dangerous conditions. 26 These undertakings and promises were the kind that they recognized as necessary for the protection of 27 their persons. These entities and their employees acting within the scope of their employment failed to 28 exercise reasonable care in the performance of these undertakings and promises, the failure to exercise -4-
CLAIM FOR DAMAGES
1 reasonable care resulted in physical harm to the third persons; and either (a) their carelessness increased 2 the risk of such harm, or (b) the undertaking or promises were to perform a duty that the other owned to the third persons, or (c) the harm was suffered because either the other or the third persons relied on the 4 undertaking.
5 Due to these acts and failures to act and dangerous conditions, the City of Rialto and its 6 employees are liability for Claimants' injuries under the Government Code, including, but not limited to, 815.2(a), 820(a), 830.8, 835 and 840.2.
8 COMPUTATION OF AMOUNT The basis of computation of the claim is as follows:
9 CLAIMED: Exceeds $50,000. Wrongful death damages for loss of 10 Decedent's love, comfort, companionship, care, assistance, 11 protection, society, affection, and moral support, as well as medical expenses, economic losses, including but not
12 limited to, financial support, loss of benefits, funeral and burial expenses, reasonable value of household services and 13 damages pursuant to CCP § 377.34.
14 FOR THE NURES RESPONSIBLE Unhalt othey of aents or other persons acting on 15 17 Dated: May 29, 2024 MCCUNE LAW GROUP, APC
18 19 Apa Por
By:_
20 Brynna D. Popka
21 Attorneys for Claimants
22 23
24 25
26 27
28 -5-
CLAIM FOR DAMAGES