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Home My WebLink AboutCOM 0058.004 2004-2006 Harry Kim Lincoln S.T. Asluda Mayor - _ ~ . Corporation Counsel Gerald Takase COUNTY OF HATNAI`I Assistant Corporation Counsel OFFICE OF THE CORPORATION COUNSEL IOl Aupuni Street, Suite 325 ~ Hilo, Hawaii 96720.4262 • (808) 961.8251 Fax (808) 96L8622 TO: The Honorable Stacy Higa, DATE: April 12, 2006 Chairman and Members of the Hawai`i County Council FROM: Joseph K. Kamelamela Deputy Corporation Counsel RE: Claims -Quarterly Reports for FY 2005-06 First Quarter (July -Sept. 2005) Second Quarter (Oct. -Dec. 2005) Third Quarter (Jan. -March 2006) COPIES/ITEMS DESCRIPTION 12 copies Closed Cases -Council Quarterly Report Information TRANSMITTED FOR: ( )Your information and files ( )Your approval ( )Your signature and return ( )Your review & comments ( )Your signature and forwarding (xx) See remarks below as noted below ( )Filing and return ( )Per your request (Envelope enclosed) REMARKS: Enclosed for your reference are claims reports for fiscal year 2005-06. This report is being submitted pursuant to Section 2-9 of the Hawaii County Code. JKK:mo Enclosures Cornet. No. Ref. To: L Ref. Uato Hawaii County is an Equa/OpportunityProviderand Employer CLOSED CASES COUNCIL QUARTERLY REPORT INFORMATION JULY -SEPTEMBER 2005 Date of Amount Amount ClaimanUCase Name Incident Description Disposition Type Paid Recovered ADAMS, JAMES 06/13/05 Claims COH Ambulance PAID PD $272.70 $0.00 did not yield the right-of- way ALIT ICE 07/26/05 CoH Parks employee PAID PD $443.79 $0.00 COMPANY, LTD mowing grass near building when a rock deflected from mower blade and struck a 2 inch main water line. Rock made a hole in the 90 degree elbow of the back flow preventer. BELLO, AGNES B. 05/08/04 Claimant parked in PAID PD $314.56 $0.00 marked stall at Mooheau Park when a coconut crashed through clmts rear window of car. Claimant noticed that there were no signs posted regarding of falling coconuts. Damage to clmts rear back window, glass & coconut milk on her upholstery. BROWN, 06/30/05 Vehicle travelling in PAID PD $313.59 $0.00 THURSTON IAN opposite direction caused rock to fly up & struck claimants window shield. Claimaint states that shoulder repair work was not compacted enough causing loose asphault on ground. CONWAY, 06/21/05 Traveling on Kuakini Hwy DENIED PD $0.00 $0.00 CATHLEEN thru construction, ran over a bolt and damaged right and left tires. DTRIC 02/14/05 CH-1335 pulled out onto PAID 07-22-05 SUB $8,390.44 $0.00 INSURANCE Hwy 19 in Papaikou and County Council COMPANY, collided with Mitzi Approval during LIMITED re: Nakano Nakano's vehicle Exec Session travelling in the opposite direction FIRST INSURANCE 12/27/04 Branch fell from tree PAID 07-22-05 SUB $2,944.58 $0.00 COMPANY re: Lynn damaged hood of car, Approval County Murota roof and back windshield Council Exec shattered Session Page 1 of 3 Date of Amount Amount ClaimanVCase Name Incident Description Disposition Type Paid Recovered FUJIWARA, KAPRI 04/22/05 Claiming loss of wages DENIED SUB $0.00 $0.00 K. dated from 4/22/05 till present time due to that she has no other transportation to show up for work. (This is in regards to incident that a CoH driver side swiped Fujiwara) GEICO DIRECT 04/30/05 Insured Stanley Mendes' DENIED SUB $0.00 $0.00 truck was damaged by falling boulder that rolled over ledge and damaged the under carriage. Boulder from private property. HAITSUKA, NANCY 06/15/05 Police Radio Shop CLOSED PD $739.18 $0.00 installing dome light on PAID subsidized vehicle damaged roof of car in the process HAITSUKA, NANCY 05/27/05 Clmt took her police sub PAID PD $52.08 $0.00 vehicle to the Radio Shop remove the police radio equipment. Following the removal, clmt noticed a black greasy tar-like stain on the back seat upholstery. HOKULIA LOT Administrative Claim DENIED O $0.00 $0.00 OWNERS (Chippey Pursuant to HRS 46-72; & Baker) Section 13-18 of County of Hawaii Charter KOTOMORI, GARY 07/25/05 While claimant parking PAID PD $167.19 $0.00 S, truck on 29 Haili Street there was a drain pipe protruding from the sidewalk. As a result, he ran it over and punctured his front right tire. MALAKIE, DANIEL 04/27/05 Hit a large rock at the DENIED PD $0.00 $0.00 intersection of Kuakini Hwy and Pualani Estates damaged his front wheel of his Kawasaki motorcycle. Page 2 of 3 Date of Amount Amount ClaimantlCase Name Incident Description Disposition Type Paid Recovered MITCHELL, 07/04/05 1st Incident: Travelling DENIED PD $0.00 $0.00 DERICK N. down from Mamalahoa Road at Lanihau Shopping Center in the 1996 Chev. Truck S-10 2nd Incident: Travelling in the middle part of Mamalahoa Road passing Maukualani Church in the 1996 Lincoln Continental. Claiming vehicles both had sustained front end damage due to the poor conditions of the roads, big dips, pot holes, and uneven surfaces. SMITH, HARRIET K. 03/17/05 While parked at Ala DENIED O $0.00 $0.00 Moana Shopping Center luggage was stolen from trunk of the rental car. STATE FARM 03/17/05 Solid Waste driver (Kyle PAID 07-07-05 SUB $3,474.89 $0.00 INSURANCE Matsuoka) rear-ended County Council (AFAN) claimant's (Alan) vehicle approval Exec while at the Keauhou Session Mauka refuse station. STATE FARM 06/11/05 Driver of vehicle (Menor) RECOVERED PD $0.00 $1,800.00 INSURANCE hit county fence with COMPANY(Westly vehicle. Menor) THE HARTFORD 04/25/05 County vehicle failed to PAID 07-22-05 SUB $6,565.97 $0.00 yield the right of way Approval County pulled out right in front of Council during claimant's car exec session Total Closed Claims: 19 TYPE TOTALS: Total Cases Total Amt Pald Total Amt Recd Legend For Type Column Other 2 $0.00 $0.00 BI = Bodily Injury Property Damage 11 $2,303.09 $1,800.00 COM = Comprehensive NFB = No-Fault Benefit Subrogation 6 $21,375.88 $0.00 O = Other PD = Property Damage REPORT TOTALS: 19 $23,678.97 $1,800.00 PYD = Physical Damage SUB = Subrogation . Page 3 of 3 CLOSED CASES COUNCIL QUARTERLY REPORT INFORMATION OCTOBER -DECEMBER 2005 Date of Amount Amount Claimant/Case Name Incident Description Disposition Type Paid Recovered BAEHR, JOHN 07/26/05 CoH park caretaker PAID PD $119.00 $0.00 mowing lawn at Leleiwi Beach Park hit a gravel area, as a result rock had flew across the street at 2180 Kalanianaole Ave. and hit claimants picture window. BENSON, LORI 04/25/05 CoH vehicle failed to yield PAID PD $848.00 $0.00 KEENE the right of way and pulled out in front of claimant. Claimant was a passenger and had her Dell laptop computer on her lap when accident occurred. Laptop was destroyed and CD's never recovered. C of H DWS vs 03/23/05 Private vehicle attempting RECOVERED PD $0.00 $951.09 ALLSTATE to enter Hilo Shopping ($951.09) INSURANCE (LYNN Center struck DWS NEW COMB) vehicle on Kilauea Ave. CARTER, 09/30/05 Vice Officers had search DENIED PD $0.00 $0.00 ROCHELLE warrant to search claimants vehicle. Damages to right side of air conditioner completely broken off, slice on interior on back passenger inside door, and back seat seatbelt cover bolt. FIRST INSURANCE 11/20/03 While claimant was DENIED BI $0.00 $0.00 COMPANY ON working with Care-A-Van BEHALF OF program for the homeless JANICE FEIST at Triangle Park she stepped in a hole, foot buckled and fractured right foot. FREITAS, HARRY 07/05/05 While parked at the DENIED PD $0.00 $0.00 P. & SANDRA L. County Building's Parking Lot, claimant's vehicle was found with an approximately 6 ft long scratch on the passenger and driver side of car. Page 1 of 4.:.... Date of Amount Amount ClaimantlCase Name Incident Description Disposition Type Paid Recovered HALEAMAU, LEONA 09/14/05 Claimant driving on E. DENIED PD $0.00 $0.00 Palai St. when a piece of the road broke away & made a pothole. As a result, it blew out side rear passenger fire and also bent the fire control arms. KALILIKANE, JR., 11/19/05 Two men assaulted DENIED O $0.00 $0.00 STEVEN H. claimant while at the Pa'auilo Transfer Station. One of the men took claimants wallet and stole $50 cash then flew the wallet and fled the scene. PARESA, LEE ALAN 07/10/05 Claimant driving and DENIED PD $0.00 $0.00 following asemi-truck with a flat bed trailer towards Keaau on Panaewa stretch. Trailer kicked up rock and hit claimants windshield. PROGRESSIVE 04/07/05 Insured (Jeffrey Martin) PAID SUB $829.50 $0.00 INSURANCE was driving along Saddle (Jeffrey Martin) Road heading towards Hilo (before Pohakuloa Training Camp, approx. 1 1/2 miles west of camp). He then hit a pot hole on right side of road. As a result, he had a flat fire and a bent rim. PROGRESSIVE 02/27/05 Claims County vehicle U- DENIED/Tendere SUB $0.00 $0.00 INSURANCE turned and pulled into d to Police COMPANY claimant's lane of travel Insurance AON SANDWICH ISLE 11/09/05 Claimant parking in DENIED PD $0.00 $0.00 TERMITE & PEST loading zone fronting CONTROL Kona Inn Restaurant ran over a 6 inch metal post sticking out of ground. Damage to rear right fire Page 2 of 4 Date of Amount Amount Claimant/Case Name Incident Description Disposition Type Paid Recovered SASAKI-POWER, 08/10/05 Claimant's vehicle parked DENIED PD $0.00 $0.00 STEPHEN at the CoH employee ANTHONY parking lot (Stall #29) assigned to the Prosecutor's Office when a dead branch fell and landed on truck. Damage to the right front fender of truck. Tree on land owned by the State of Hawaii. SATO, ROBIN FUMI 10/05/05 Claimant's driver's side PAID PD $680.25 $0.00 door nicked when CoH employee had been weedeating grass on Kapiolani Street. STATE FARM 04/22/05 County driver failed to 10-OS-05 County SUB $8,841.46 $0.00 INSURANCE yield the right of way and Council Exec COMPANY side swiped Claimant Session - (Fujiwara, Kapri) approval to pay 10-31-OS PAID THE HARTFORD 10/28/05 Claimant travelling on DENIED SUB $0.00 $0.00 ON BEHALF OF Hwy. 19 just passed the ANYONE & YAEKO 13mm was struck by a MEDEIROS falling tree. Damages to windshield and hood. THE HARTFORD 07/15/05 Claimant traveling north DENIED SUB $0.00 $0.00 ON BEHALF OF on route 19 ran over CHARLES & rocks on roadway caused MARINA TROMMER by landslide. Extensive damage to undercarriage of '03 Mercury Grand Marquis. USAA INSURANCE 05/03/05 County Truck did not PAID. (7-7-05 PD $4,197.13 $0.00 COMPANY (Erece) make clearance under County Council "Puainako Town Centre" Executive sign, reversed into Session claimant's car approved to pay) VERIZON (C.M.R. 07/02/04 Verizon Utility Pole P44 DENIED PD $0.00 $0.00 Claims Dept.) damaged when CofH employee struck it with vehicle. Employee was not working at that time for the County. Page3of4'.. - Date of Amount Amount Claimant/Case Name Incident Description Disposition Type Paid Recovered Total Closed Claims: 19 TYPE TOTALS: rota) Cases total Amt Pald Total Amt Recd Legend For Type Column Bodily Injury 1 $0.00 $0.00 BI = Bodily Injury Other 1 $0.00 $0.00 COM = Comprehensive NFB = No-Fault Benefit Property Damage 12 $5,844.38 $951.09 o = otner Subrogation 5 $9,670.96 $0.00 PD = Property Damage PYD = Physical Damage REPORT TOTALS: 19 $15,515.34 $951.09 SUB = Subrogation Page 4 of 4 CLOSED CASES COUNCIL QUARTERLY REPORT INFORMATION JANUARY -MARCH 2006 Date of Amount Amount ClaimanUCase Name Incident Description Disposition Type Paid Recovered DTG 08/20/05 Damage to rear bumper PAID SUB $673.19 $0.00 OPERATIONS, INC. on the right side. EDWARDS, 02/23/06 Parked on Ahua St. when PAID PD $1,365.00 $0.00 Kimberly Anne County driver, John Hanog, while operating a Parks and Recreation passenger van, backed out of driveway across street into the front left end of vehicle. FAIRMOUNT 10/28/05 Subrogation-Insurance PAID SUB $1,408.94 $0.00 INSURANCE Company. Insured COMPANY driving vehicle on Pakalana Street in Honokaa when a "traffic gate" swung into path of travel or vehicle. Note: traffic control gate is used to reroute traffic one way pattern on school days. FIRST INSURANCE 12/16/04 H.O.V.E. Road PAID SUB $2,208.31 $0.00 CO. on behalf of Maintenance crew helping 11-22-05: HOVE RD. MAIN. CoH Fire Dept. with a APPROVAL house fire when fire truck FROM moved backwards and COUNCIL smashed into the H.O.V.E EXEC. vehicle. H.O.V.E vehicle SESSION TO sustained damage to the PAY drivers side bumper grill, fender, headlight and turn signal broken. FRANK FOODS 12/11/05 Driving in Maulua Gulch DENIED PD $0.00 $0.00 rock fell and damaged vehicle. Highway owned by the State of Hawaii. FREEMAN, TERI 08/10/05 Car parked on their DENIED PD $0.00 $0.00 property when branches reconsider and mangos fell on car recommendation from mango tree across based on the street shattering car 9-13-05 windshield and making info/DPW TO small dents. Have been ADVISE calling County for at least FURTHER a year to cut/trim this 60 ft. tree which hangs over/onto their property. Page 1 of 4 Date of Amount Amount ClaimanUCase Name Incident Description Disposition Type Paid Recovered FRONIUS, Adina 02/11/06 Walking down stairs from DENIED BI $0.00 $0.00 parking lot to track when fell down. No handrails or sign indicating there was a step down at Keaau High School. FUJIOKA, DEANNE 12/04/05 While reversing CoH 02-06-06 PAID PD $2,253.42 $0.00 SADAE truck hit claimants parked 01-OS-06: vehicle. Damage to left COUNTY front fender, hood, and COUNCIL head light. EXECUTIVE SESSION (CONCUR-PAY CLAIM) GIRE, MICHAEL 09/06/05 Traveling on Hwy 11, Fire PAID PD $737.50 $0.00 Extinguisher fell off of Tanker 7, HFD-349, and damaged left front of vehicle KOI, ROY H. 12/16/05 CoH passenger truck with PAID -County PD $3,688.11 $0.00 dual rear tires flew off and Council Exec struck claimants vehicle. Session 02-15- Damage to claimants tail 06 Comm.672 gate to passenger door. Doors cannot shut. LOPEZ, Joseph M. 02/08/06 Coconut branch fell from PAID PD $296.87 $0.00 tree & landed on windshield & cab of truck. Broke windshield. LOW, Clayton R. 01/26/06 Attempting to open PAID PD $100.55 $0.00 entrance double gates to parking lot when one gate blew back striking driver side directional light. MARTINEAU- 04/21/05 Car stolen by Kyle DENIED O $0.00 $0.00 BAILEY, Rina Quilausing while car was parked at work (NAS Pool). Kyle ran a stop sign at intersection of Miliani & Lanikaula causing extensive front end damage. Kyle fled from scene of accident on foot. Page2of4 Date of Amount Amount Claimant/Case Name Incident Description Disposition Type Paid Recovered OLIVER, Susan 12/01/02 Claimant states that she DENIED O $0.00 $0.00 was being charged a higher rate for electricity from the date of purchase of her residence at 76-6263 Koko olua in December 2002 until its sale April 2005. HELCO advised claimant when shg called to disconnect service that she needed to transfer from "temporary" power to permanent. HELCO also told claimant to check with Planning Department for credit. Claimant states that credit is in excess of $1000.00. - SMITH, YARROW 11/01/05 Driving to Pahoa from PAID PD $286.45 $0.00 Kapoho when passed a County tractor mowing when a rock hit my windshield. It started out as just a small chip but spread to a large crack. SODERGREN, 10/28/05 Claimants had ok'd CoH PAID O $910.00 $0.00 DON & MAGGIE to have five 5ft. poles taken out within their property under the direction of Mr. McClure to make a safe access to Mamalahoa Highway and for the Homestead Road residents. TEVES, Walter & 10/28/05 As insured drove down DUPLICATE Emma on Pakalana St. the gate CLAIM SEE 06- swung shut and smashed 297 documents into car's right windshield merged in claim and right window. file 06-297 (According to police CLOSED report, unit 1 traveling north on Pakalana St., struck traffic sign that swung from shoulder onto roadway) TORIGOE, IVAN M. 06/17/05 Driving to Planning PAID PD $500.00 $0.00 Commission meeting in Kohala, hit a slick spot on curve, went into a spin and collided into embankment. „ .........Page 3 of 4 Date of Amount Amount ClaimanVCase Name Incident Description Disposition Type Paid Recovered Total Closed Claims: 18 TYPE TOTALS: Total Cases Total Amt Paid Total Amt Recd Legend For Type Column 0 BI = Bodily Injury Bodily Injury 1 $0.00 $0.00 COM = Comprehensive NFB = No-Fault Benefit Other 3 $910.00 $0.00 o = otner Property Damage 10 $9,227.90 $0.00 PD = Property Damage Subrogation 3 $4,290.44 $0.00 PYD = Physical Damage SUB =Subrogation REPORT TOTALS: 17 $14,428.34 $0.00 Page 4 of 4