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Home My WebLink AboutCOM 0058.000 2004-2006 JNtY OF M~h~ ve' •(y g~r5. Kim 1(~ Lincoln S.T. Ashide Mayor r ;a Carpruafion Coansel ; Gerald Tgkue ~"ii~ oi'N~~' Assistant Carparatinn Cnunte( ~IIlYTI~~1 II~ ~ti~ITMtt OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo. Hawaii 96720.4262 • (608) 961-8251 • FAX (808) 961-8622 . - r n TO: The Honorable Gary Safarik, DATE: December 29, 2004 Chairman and Members of the -=i Hawaii County Council FROM: Joseph K. Kamelamela ' Deputy Corporation Counsel RE: Fourth Quarter Report -Claims July -September 2004 (FY 2003-04) COPIES/ITEMS DESCRIPTION 12 copies Closed Cases -Council Quarterly Report Information July -September 2004 for FY 2003-04 TRANSMITTED FOR: ( )Your information and files ( )Your approval ( )Your signature and return ( )Your review & comments ( )Your signature and forwarding as (x) See remarks below noted below ( )Filing and return ( )Per your request (Envelope enclosed) REMARKS: Enclosed for your reference is the fourth quarter claims report for fiscal year 2003-04. This report is being submitted pursuant to Section 2-9 of the Hawaii County Code. Enclosures Comm. No. S~,~-- Ref. To: ' fll• Hawai `i County is an Equal Opportunity Provider and Employer Ref. Uate CLOSED CASES COUNCIL QUARTERLY REPORT INFORMATION JULY -SEPTEMBER 2004 Dale of Amount Anrount Claimanf/Case Name Incident Descdptlon Disposition Type Paid Recovered ADAMS, (AURA 09/18/04 Claimant was parked at DENIED PD $0.00 $0.00 the bayfront soccer field behind the Chevron gas station when a coconut fell from tree smashing her vehicle's windshield. AMADOR, WADE P. 05105/04 Truck with traitor was DENIED PD $0.00 $0.00 parked in middle of road, therefore claimant had to go to the left side of road and shoulder to pass. As a result, claimants fire got sliced and rim got damaged. ARMSTEAD, 11126/03 Claimant wants DENIED O $0.00 $0.00 BRENDA C. vs. reimbursment for Court KONISHI, AL fees which took place at the Collier County Courthouse in Naples, Florida BADON, LENA D. 07/27/04 Claimant driving towards DENIED PD $0.00 $0.00 Hilo on Hwy. 11 on Kanoelehua, ran over a large rock which it damaged her vehicle. BALLESTEROS, 02/01/03 Upon resignation with PAID PD $571.35 $0.00 DUSTIN K. HPD, claimant took vehicle to Radio Shop to have police radio and other equipment removed. Everything was removed but a piece of metal about 5" long and 1"wide with a short bolt through center was left behind by the air conditioning condenser in claimants vehicle. Bolt eventually got wedged in that spot, as a result, it punctured the A/C condenser. Page 1 of 6 Date of Amount Amount ClaimanUCase Name Incident Description Disposition Type Paid Recovered BALUCAN, 06/19/04 Travelling on Saddle DENIED PD $0.00 $0.00 CHARLES DONALD Road near the 17-mile marker and following vehicle driven by a police officer in uniform. Officer drove over gravel in which it kicked up a stone and hit claimant's windshield. CORPUZ, DAVID D. 08/05/04 Claimant travelling south DENIED PD $0.00 $0.00 on Kilauea Ave, an avocado fell striking his windshield. DAVIS, EDWARD 06/07/04 Driving along Kilauea PAID PD $648.75 $0.00 K. III Ave. in Hila bound, County lawnmower on left side of road before the one-way bridge and Haihai St. Lawnmower kicked up rock which it hit the left side driver door of clmts vehicle. This caused a dent, paint scratched off exposing the metal. DOUGLAS 07111/02 Kathleen Williamson SUIT FILED BI $0.00 $0.00 HALSTED ON tripped and fell over a low TRANSFERRED BEHALF OF K. hanging chain that hung TO WILLIAMSON across the pavement. LITIGATION/H. Which resulted that she Freitas broke her left and right arm. DOUGLAS 07/11/02 "CONSORTIUM" TRANSFERRED O $0.00 $0.00 HALSTED ON TO LITIGATION- BEHALF OF LAW SUIT MICHAEL D. FILED/H Freitas WILLIAMSON DROULLARD, 11/15/01 County driver reversing DENIED PD $0.00 $0.00 JUNE J. (ALAMO county vehicle--Tourist RAC) entered aloe cemetery driveway--County driver reversed vehicle into clamant. DTRIC AUTO 02/22/04 Carol Orr parked in stall PAID PD $446.76 $0.00 INSURANCE ON at Honolii Beach Park SUB $0.00 $0.00 BEHALF OF and palm tree trunk CAROL ANN ORR casing fell and broke passenger side windshield of truck. Page 2 of 6 Date of Amount Amount ClaimanVCase Name Incident Description Disposition Type Paid Recovered FAMILIAN 04/29/02 County driver reversed DENIED PD $0.00 $40.00 NORTHWEST I vehicle into a parked van. KEAHIOLALO,TED FENWICK, 04/13104 Damage to claimants tire DENIED PD $0.00 $0.00 VALERIE K. due to a broken street sign with the metal base protruding from asphalt. Tire is not repairable. - - - - GEICO 03/24/04 **SUBROGATION DENIED PD $0.00 $0.00 INSURANCE CLAIM" SUB $0.00 $0.00 COMPANY FOR Brian Mabry was driving BRIAN W. MABRY along Hwy.22; Mile Marker 24.5 when hit a pothole in which it damaged his vehicle. HEINSHON, 01/02/04 County Vehicle CofH- DAMAGES PD $0.00 $1,882.80 THOMAS 1946 was damaged by RECOVERED private citizen operating Alamo Rent a car. Driver of private vehicle decline insurance thru Rental Company - No insurance JUMALON, JESSIE O6/t0/04 County Tractor Roller 07-08-04 County PD $2,453.33 $0.00 q, used for paving hit Council claimants parked vehicle ExeSessionl causing the right concur w/ automatic sliding door recommendation smashed in, front to pay claim passenger door nicked PAID and possibly right order of van frame out of place. KAAHUI, MELANIE 12/04101 Surplus Funds for DENIED O $0.00 $0.00 K. claimants property sold, $788.78 Tax Map Key: (3) 9-2-125- 043 LAMONT, THOMAS 06/20/04 Claimaint hit a 3" high PAID PD $129.33 $0.00 ALLEN square metal sign post with a bolt sticking out, as a result it punctured his right front tire. Page 3 of 6 Date of Amount Amount Claimanf/Case Name Incident Description Disposition Type Paid Recovered MATTOS, JOHN H. 10/23/02 Claimant's front end of 08-09-04 Denied PD $0.00 $0.00 truck was damaged when again fell into hole caused by 07-28-04 report damaged water meter written recommend deny/route tc JKK for review Claim Re- opened 5-26-04 _ _ McNETT, MARK 04122/01 While at stop sign on DENIED PD $0.00 $0.00 Piilani St., CH-1314 proceeded to make a right tum onto Kanoelehua when CH- 1314almost ran into clmt. (bicyclist) as he went around CH-1314 and tried to make a right turn at the same time. MOHALA, AHTI 04/10/02 Potential Claimant DENIED PD $0.00 $0.00 ("POTENTIAL damaged his personal CLAIM") vehicle when he struck a gate at Kealakehe School. OHAI, VIRGINIA 03/15/04 Water damage due to DENIED PD $0.00 $0.00 flooding at claimants residence. Damage to all furniture, carpeting, dry wall, kitchen cabinets and mold. PLUTA, GEORGE 02/15/04 On duty police officer CLOSED - BI $0.00 $0.00 (BEHALF OF SON (Bryan Ellis) responding Routed to GREGORY PLUTA) to anon-emergency call, Litigation struck and killed pedestrian (Gregory Pluta). RANDALL S. 11/26/02 Contractor's backhoe DENIED PD $0.00 $0.00 FUDGE, ATTY. @ damaged RPTR HSG tail LAW ON BEHALF OF VERIZON REVELL, MARINER 08/06/04 Claimant drove over a DENIED PD $0.00 $0.00 unfilled hole in road, as a result it damaged his right front wheel of his vehicle. Bent out of shape, unsafe to drive. Page 4 of 6 Date of Amount Amount ClaimanUCase Name Incident Description Disposition Type Paid Recovered ROSARIO, 06/02/04 Claimant driving a trash DENIED PD $0.00 $0.00 ANDREW hauler in landfill scale house and truck ended up going into a large pothole causing the radiator to crack. This incident caused claimant's radiator to overheat. SLADE, WENDELL 06107/04 Claimant states while at DENIED BI $0.00 $0.00 ELIJAH Keaau Transfer Station he went to step on the curbing and as a result, he slipped and fell and stuck his right shoulder. STANTON, JAMES 01119101 DWS driver reversed PD $0.00 $0.00 vehicle into claimant's parked car. Damage to claimant's left rear bumper (dented) and slightly pushed in. STATE OF 04/08/04 County driver reversed PD $1,767.29 $0.00 HAWAII--RISK out of parking stall and PAID MANAGEMENT collided into State of 07-OS-04 County OFFICE Hawai i vehicle driven by Council Exec Curtis Takara. Dent to Session/concur front driver's side fender-- w/recommendati State's vehicle. on to pay claim USAA INSURANCE 04/29/04 Ambulance traveling DENIED PD $0.00 $0.00 ON BEHALF OF north bound on Hwy 11 JAMES SHILZONY passed (Shilzony) traveling south bound (Shilzony) pulled over and stated that when ambulance passed, an object flew out of the left front compartment and hit (Shilzony's) vehicle and chipped the paint. UYEHARA, 04/03/04 Ambulance was called to PAID PD $881.55 $0.00 GEORGE KATSUKI 2130 Kinoole St., driver of ambulance misjudged parking space therefore he hit and dented the right rear fender of claimants truck. WAIKOLOA 04/20/04 An air valve was PAID PD $1,153.33 $0.00 RESORT damaged by a road UTILITIES, INC. dba grader operated by the County of Hawaii Page 5 of 6 Date of Amount Amount ClaimanVCase Name Incident Description Disposition Type Paid Recovered WILSON, JAMES 05/31/04 Driving down Nanawale PAID PD $472.86 $0.00 JOHN Blvd when claimaint hit pothole. Damage to 2 rims and alignment is off. WILSON, JOHN 02/26/04 Traveling on Mamalahoa PAID (approval SUB $10,081.61 $0.00 Hwy, James to pay 07-OS-04 Vasconcellos made turn County Council in front of Claimant's car Executive Session) WILSON, MALTA 03127/04 Claimant traveling east PAID PD $143.32 $0.00 MAKUALOHA on Ainaola Drive struck a pothole fronting 1283-A Ainaola Dr. Vehicle sustained a puncture to the front right side tire. "Pothole measured to be approx. 27" x 29" (3" deep)" Total Closed Claims: 36 TYPE TOTALS: Total Cases Total Amt Pald Total Amt Reed Legend For Type Column Bodily Injury 3 50.00 50.00 BI = Bodily Injury Other 3 50.00 $0.00 COM = Comprehensive NFB = No-Fault Beneft Property Damage 29 $8,667.87 51,922.80 o =other Subrogation 3 510,081.61 $0.00 PD = Property Damage PYD = Physical Damage REPORT TOTALS: 38 $18,749.48 $1,922.80 SUB = Subrogation Page 6 of 6