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Home My WebLink AboutCOM 0121.001 2002-2004 .+o•«,,,~ Lincoln S.T. Ashida Harry Kim .f,!~'~~~~~~ ~•;k Corporation Counsel Mayor Gerald Takase Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720262 • (808) 961-8261 • Fax (808) 961-8622 TRANSMITTAL DATE: July 13, 2004 TO: The Honorable James Y. Arakaki and Councilmembers FROM: Myra Ochi RE: Quarterly Reports for Claims ENCLOSURE(S): 9 sets Quarterly Reports for January -March and April -June 2004 ®For your information 8 files ?For your approval ?For filing & return (envelope enclosed) ?For your review 8~ comments ?For your signature 8 return ?As requested/discussed ?For your signature & forwarding to: ?See remarks below: CORPORATION COUNSEL By JOSEPH K. KAMELAMELA Deputy Corporarion Counsel Comm. No. ~Z~• Ref. To: FL cc/enc.: Mr. Al Konishi Ref. Uate .u ll,~ 1 d_?nnd_ Ms. Connie Kiriu ~,.,,~I~O ? i Wei h t 1~(' huG~ Hawai `i County is an Equal Opportunity Provider and employer CLOSED CASES COUNCIL QUARTERLY REPORT INFORMATION JANUARY -MARCH 2004 Dale of Amount Amount GalmanVCase Name Inddent Description Disposition Type PaM Recovered DALE, RANDALL C. 10/21/03 County Employee (Wayne PAID PD $619.28 $0.00 Kukita) drove over claimant's 2 glass doors and crate when entering claimant's driveway. ERICKSON, JOHN 11/12/03 Honolii Beach-parked Paid PD $732.18 $0.00 W, across the street from stairs (by landslide area). There was about 3 inches of old sign post sticking up next to road. Drove over sign post; flat fire GREENLEE, 05/23/03 Slipped and fell while DENIED BI $0.00 $0.00 CLARK G. walking across cement bridge at Liliuokalani Gardens. Claimant drinking. JENNINGS, SEAN 07/02/03 E-10 Following M-10 PAID PD $1,500.00 $0.00 down Pohoiki Rd. M-10 slowed down, VW van coming up narrow roadway. E-10 braked but did not stop in time, E- 10 swerved to left made contact with M-10 left rear & clipped a large mango tree by roadway. Unable to stop, E-10 scraped along side M-10. E-10 then struck VW van on driver side mid-section before coming to a stop. KANEMITSU, 11/17/03 Bulldozer operator ran PAID PD $175.00 $0.00 DAVID K. over can of oil spraying claimants vehicle and clothing. Page 1 of 3 Date of Anaunt Amount gaimanVCase Name Inddent Desaiptlon Dlspositlon Type Paid Recovered LEHMAN, 04/01/02 Police removed Gaimant's CLOSED: ITEM O $0.00 $0.00 SHELDON M. generator and battery due TO BE to a false report. Police RETURNED refused to return it to Gaimant. Poise put up generator and battery up for auction on April 2002, refused to return to Gaimant despite the proof of bill of sale. MENDES, 11/20/03 Traveling on East Palai DENIED BI $0.00 $0.00 KATHERINE R. Street making a right turn pD $0.00 $0.00 onto Kinai Stree4 tree fell onto claimant's vehicle. Damaging windshield, roof and hood of car. Claimant also indicates personal injury (headaches; discomfort and tightness in neck, shoulders and back due to a cervical strain). Tree that fell was located on private properly. NAKEA, TOBY 01/30/04 Stop sign down, ran over DENIED PD $0.00 $0.00 Stop sign pole and damaged car tire. No notice of stop sign down by County. NISHIMOTO, 10/10/03 Clmt. & CH 1824 truck PAID PD $371.00 $0.00 RODERICK T. passing each other in opposite directions when a rock hit Gmt's. windshield. PASCUAL, 01/23/04 2 Front tires 8 rims DENIED PD $0.00 $0.00 DONALD & damaged by crossing ELIZABETH unfinished road work that was done by Loeffler Construction Company. Claim tendered to Loeffler Construction Company. ROCAFORT, AYLA 01/23/03 Traveling on Hwy 132, County Council PD $4,000.00 $0.00 when a Albizia Tree fell approved 11-19- onto claimant's car, 2003 damaging front bumper PAID Page 2 of 3 Date of Amount Artaunt CWlmantlCase Name Inddent Desatptlon Dlspositlon Type Paid Recovered SAITO, ELISA 09/10/03 Police in helicopters PAID PD $728.26 $0.00 MARCO searching for suspects hovered over clmts home damaging roof of her home. SIBAYTON, 12/13/03 Claimant is a taxi-cab DENIED PD $0.00 $0.00 PRICILLA driver and had tourists in cab taking them to Piihonua Falls. Crossed bridge at falls, pulled over to the side and ran over sharp metal of sign post protruding about 45 inches out of the ground. Right front fire damaged. No notice of sign post by County. STATE FARM 05/28/02 While in Drive-Through PAID PD $750.88 $0.00 INSURANCE/HUDM Lane at Credit Union HI, SUB $0.00 $0.00 AN, LAUREEN County Driver rear-ended Hudman's van VARIZE, NAOMI N. 12/17/03 Claimants vehicle hit a DENIED PD $0.00 $0.00 pothole in road. As a result, fire has slow leak and wheel alignment is off, pulling to the left. No notice by County. Total Closed Claims: 15 TYPE TOTALS: Totar Cases Total Amt Pald Total Amt Reed Legend For Type Column Bodily Injury 2 $0.00 $0.00 BI = Bodily Injury Other 7 50.00 50.00 COM =Comprehensive NF8 = No-Fault Benefit Property Damage 13 58,276.60 $0.00 o = Other Subrogation 1 $0.00 E0.00 PD = Property Damage PYD =Physical Damage REPORT TOTALS: 17 $8,276.60 $0.00 SUB = Subrogation Page 3 of 3 CLOSED CASES COUNCIL QUARTERLY REPORT INFORMATION APRIL -JUNE 2004 Date of Anwunt Amount galmanNGrse Name Inddent Descriptlon Disposition Type Pald Recovered ABURAMEN, 01/08/04 County work crew cutting 04-07-04 County PD $1,762.16 $0.00 LESLIE S. grass with lawn mower Council - had no safety shield Executive where grass comes out. Session/ Rocks from mower flew at concur -pay Gaimant's car and hit Gaim windshield. Windshield PAID chipped and bumper scratched. AH CHIN, JUDY 12/30/03 Claimant states white flies NO RESPONSE PD $0.00 $0.00 infesting trees at the TO Pauahi employee parking SETTLEMENT lot leaving a residue all LETTER/ CLAIM over her car. CLOSED re opened 05-11- 04 ALLSTATE 08/26/02 Anthony Germano Scheduled for PD $20,806.61 $0.00 INSURANCE (Allstate's Client) struck executive SUB $0.00 $0.00 COMPANY tree lying on the roadway session/County on Highway 132 Council on 04-04- 04 PAID 5-04-04 AOKI, ELLEN F. 01/05/04 Tripped over manhole PAID BI $1,000.00 $0.00 cover. Bruises and cuts pD $90.00 $0.00 on both arms, hands, and especially on right leg. BISOM & COHEN 10/15/02 Claimant tripped and fell CLOSED: LLP ON BEHALF in an area of missing and REFERED TO OF TAMMIE STOPP broken floor tiles. Incident Corp Counsel occurred in Honolulu. Oahu _ - - CEREZO, ERIC N. 04/12/04 Claimant having police PAID PD $892.20 $0.00 issued video camera and radio to be installed in vehicle by the radio shop when Tad Ishihara inadvertently damaged the interior head liner of vehicle. CHO, JOUNG HEE 01/03/03 While in traffic CH-1352, County Council BI $50,000.00 $0.00 driven by Rodney approved Rodrigues rear-ended February 19, Joung Hee Cho 2004 Paid Page 1 of 6 Date of Amount Amount galmantlCase Name Inddent Desaiptlon Dispositbn Type Pald Recovered CIVIL DEFENSE 10/14/03 Mr. Nakano driving on DAMAGES PD $0.00 $1,702.25 Krauss Ave. in Keaukaha RECOVERED/$1 when a Toyota p/up truck 702.25 recvd reversed out of driveway, right in front of vehicle. Nakano's vehicle dipped the right comer of the truck's rear bumper. Damage to Nakano's left front fender & door smashed from collision. Creighton Sanchez 05/11/04 West Hawaii Concrete DAMAGES PD $0.00 $2,451.00 (WEST HAWAII truck reversed into wunty RECOVERED 6- CONCRETE) vehicle. Damage to 15-04 FROM County vehicle, smashed INSURANCE CO. headlight, bumper, and hood. Parking gear does not work. FIRST INSURANCE 10/06/03 Lawn sprinkler line and DENIED PD $0.00 $0.00 COMPANY OF sprinker line in unit A-103 SUB $0.00 $0.00 HAWAII, LTD. (Kaulana @ Kona) blew (DWS) due to abrupt increase in water pressure. FLEMING, BEN 12/08/00 Order fr. Court to return PAID O $1,000.00 $0.00 vehicle 1986 silver Nissan Re-opened 03- p/u truck. Vehicle seized 10-04 by HPD--deemed closed - no Gaim abandoned--unable to for vehicle filed locate Gaimants truck. w/ county clerks office FREITAS, 04/07/04 Claimant's vehice was at PAID PD $881.51 $0.00 BRADLEY P.K. the HPD Radio Shop to have his police radio installed. Radio shop personnel (Dennis) was installing the radio antenna on the rear trunk lid and used a wire rod to push the cable through. Doing this, made a dent on the left side exterior trunk lid. FUNN, PAUL J. dba 04/11/04 Windshield cracked and DENIED PD $0.00 $0.00 ISLAND COUNTRY wheel alignment off while CUSTOM ROOFING going over pothole. No notice by county. Page 2 of 6 Date of Amount Amount galmanVCase Name Inddent Descriptlon Disposltbn Type Paid Recovered GEICO 01/16/02 ""SUBROGATION PAID PD $1,281.87 $0.00 INSURANCE CO. CLAIM`"" SUB $0.00 $0.00 FOR BARBARA J. Reopened from File No. LEE 7586(02~Closed No. C- 3575(03) CoH driver Kit Kubo reversed then pulled forward, strlcking Barbara Lee's vehice who was waiting to exit the Transfer Station. GERMANO, 08/26/02 Driving along Hwy. 132 04-07-04 County PD $5,254.12 $0.00 ANTHONY GILBERT around Green Mountain Council Exec tree fell completely across Session/concur - the road striking vehicle. pay claim Severe damage to front & PAID driver's side. HAYASHI, NORMAN Sap from trees at the CLOSED PD $0.00 $0.00 Aupuni Center Parking Lot damaged Gaimant's vehicle. (Claimant complained to Public Works Director, Bruce McClure to no avail. He said to file claim.) KEAAU POLICE 02/21/01 Geoffrey Brown's vehicle Did not pursue PD $0.00 $0.00 STATION RAILING rolled and struck railing Mr. Brown or his fronting the Keaau Police insurance Station Progressive as railing was repaired by DPW. LIBERTY MUTUAL 01/03/03 CH1352 (Robert County Council PD $6,806.82 $0.00 INSURANCE Rodrigues) rear ended approved (SUBROGEE FOR insured Joung Cho. February 19, JOUNG CHO) 2004 exec session MARINO, MICHAEL 12/11/00 Tree roots uprooted the Lawsuit Filed BI $0.00 $0.00 E, pavement on road, causing him to be "launched" from his motorcyle MASTRO, 10/16/02 Claims County DWS-161 Denied Claim PD $0.00 $0.00 BARBARA pulled out in front of claimant and rocks flying off truck damaged windshield Page 3 of 6 Oale of Amount Artwunt galmantlCase Name Inddent DescrlpNon Disposltbn Type Paid Recovered PAKCHONG, 01/05/04 COH driver Griffith PAID 06-14-04 PD $2,092.41 $0.00 EDWARD R. Yamaguchi reversed and 5-19-04 collided on the right front approval for side of claimant's vehice, payment exec being operated by Robin session County Santiago. Council PROGRESSIVE 01/23/04 Insured ran off highway Closed/Damages PD $0.00 $842.00 INSURANCE and darnaged the fence at recovered per COMPANY the DWS Honalo DWS Baseyard REIMER, EARL 02/22/04 Claimant hit and sprained Denied BI $0.00 $0.00 ALAN his ankle when he hit a root which was sticking out of the ground while swinging on the swings at night. ROCHA, SHAWN 12/27/02 County employee Rocha PAID PD $388.64 $0.00 operating CH-1348 travelling on Rt3 19 near Ookala, lost control of vehicle and struck metal guardrail. DOT wants reimbursement for damaged guardrail. RUDDLE, IWALANI 03/14/04 Flood damage to DENIED PD $0.00 $0.00 L, claimant's pasture fence. Stream not awned by County and thus, no duty to claimant. RUSSELL, JACK 12/12/03 Claimant proceeding west DAMAGES PD $0.00 $1,624.21 on Ainaola Drive, while RECOVERED attempting to pass, FROM GEICO collided with CH-1098, 06-14-04 negotiating a left turn from Ainaola Drive onto a private driveway. Page 4 of 6 Date of Amount Anwunt galmant/Case Name Inddent Descrlptlon Disposltbn Type Pald Recovered RUTHERFORD, 04/19/04 Building Department PAID O $200.00 $0.00 JOHN STEPHEN made an error and told daimant he had to have an architectural stamp on his building plans. As a result, daimant spent $200.00. Later on May 3, 2004, the department reversed their decision and told daimant they in fact made an error, he didn't need to have it stamped. SHIROMA, 05/18/04 Claimaintfollowing DENIED PD $0.00 $0.00 STANLEY T. dumptruck towing chipper, small rock hit claimaint's windshield. SIEBER, 09/11/03 Claimant suspects driver DENIED PD $0.00 $0.00 CHRISTIAN of County Vehicle (Calvin Ponce) of a rock that flew out of his truck and hit claimant's windshield. SILVA, LINDA L. 04/29/04 Sticky sap coming out of PAID PD $9.00 $0.00 trees left residue on claimants vehicle. SUTTON, 03/10/04 DPW workers painting DENIED PD $0.00 $0.00 RANDALL D. center line on roadway, strong winds cause the paint to overspray on to Claimant's vehicle. Insufficient evidence that daimant present when painting done. TUCKER, ROBERT 05/26/01 Van's windshield was Claim tendered PD $0.00 $0.00 PALMER damaged and cracked in to Insurance three places. States his Company windshield was hit by a small hard object, indicating a baseball, as practice was going on at the time of damage VARIZE, MANUEL L. 03/02/04 Drove his struck into pot DENIED PD $0.00 $0.00 hole in road damaged truck front end. No notice by County. Page 5 of 6 Date of Amount Anaunt galmantlCase Name Inddent Description Disposition Type Paid Recovered YOSHIZUMI, 03/18/04 While parked at the PAID PD $40.00 $0.00 ELAINE Aupuni Center Parking Lot, white fly residue from trees resulted in a sticky substance covering the entire surface of claimant's vehicle. Total Closed Claims: 34 TYPE TOTALS: Total Cases Total Amt Patd Total Amt Recd Legend For Type Column ~ BI =Bodily Injury Bodily Injury 4 $51,000.00 $0.00 CoM = Comprehe"arm Other 2 $1,200.00 $0.00 NFB = No-Fault Benefit o =Other Property Damage 28 $40,305.34 $6,619.46 PD =Property Damage Subrogation 3 50.00 50.00 PYD = Physical Damage SUB = Subrogatlon REPORT TOTALS: 37 $92,505.34 $6,619.46 Page 6 of 6