Frankie Chaparro

8/13/2019 Frankie Chaparro

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oun c i l g en d a Rep o r tity ouncil eeting

07-27-09Item B 4

To: Mayor Stern and the Honorable Members of the City CouncilPrepared by: Lisa Pope, City Clerk Approved by: Jim Thorsen, City ManagDate prepared: June 29, 2009 Meeting date: July 13,2009Subject: Denial of Claim for Damages filed by Frank Chaparro

RECOMMENDED ACTION: Deny claim filed by Frank Chaparro.FISCAL IMPACT: There is no immediate fiscal impact associated with the City denyingthe claim.DISCUSSION: On September 18, 2008, the Law Offices of Steve Pell, on behalf ofFrank Chaparro, served the City with a claim alleging that due to the City's lack ofsignage near Escondido Falls, claimant fell from the trail and sustained major bodilyinjuries.Staff submitted said claims to Carl Warren Co., the City's Claims ManagementAdjusters. Pursuant to the provisions of the Government Code all claims must beresponded to within 45 days of receipt. Failure to take any action will extend the statuteof limitations to two years.ATTACHMENTS: Claims for damages received September 18, 2008

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CLAIM FOR DAMAGE OR INJU f o ) [ & W J nrvu l SEP I 8 2 8

CITY CLERKS OFFICECITY OF M LI UTO: City of MalibuNAME OF CLAIMANT(S): Frank Chaparro, 3121 Isle Way, Oxnard, California, by JudyChaparro.ADDRESS: c/o Law Offices of Steve Pell, 2633 Lorna Vista Road, Ventura, California 93003-1548NAME AND ADDRESS OF PERSON TO RECEIVE NOTICE: Law Offices of Steve Pell,2633 Lorna Vista Road, Ventura, California 93003-1548, (805) 653-6615, Attorneys forClaimant.PLACE OF ACCIDENT: EdwardAlbert Escondido Falls and Trail, Santa Monica Mountains,Malibu, Los Angeles County, California.DATE OF ACCIDENT: March 17,2008PROPERTY DAMAGE: Presently undetermined.NATURE AND EXTENT OF INJURIES AND DAMAGES: At said time and place claimantwas and on the premises of Edward Albert Escondido Falls and Trail for lawful purpose.Claimant slipped and fell from the trail suffering extreme personal injuries, including severetrauma to his head along with medical specials to date of approximately 2.5 million. Claimantwas at St. John s for three months where he was in the sub acute unit with a tracheotomy andtube learning to walk and talk.Claimant was at UCLA for two months. Claimant was airlifted from the scene and in a comafor three weeks. Then claimant was placed on a ventilator and then weaned off and transferredto St. John s Pleasant Valley.Claimant underwent surgery to remove part of his skull.Claimant suffered a fractured neck and several other fractures. Claimant underwent plasticsurgery to his face. Claimant suffered a dislocated left hand which was not treated for two 1/2months.Claimant has suffered severe mental injuries. His short term memory is severely impaired. Histhinking is way off. He requires 24 hour care.The amount of the same is unascertained; however, he needs in home support services and hadbeen approved for SSI as he is unable to work.

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When he was working Claimant was working part time making about 15,000 a year byestimate and looking forward to working for the Sheriff's Department and had a degree inBiology.Loss of Wages and future wages: unascertainedPain and Suffering: unascertained to date see above.Claimant is starting rehabilitation for his hand.Claimant has future surgeries, his skull is in the freezer at UCLA and his skull will be put backand his hand if not healed will have another bone graft and the hand and he will have no use ofthe same.He has really bad sleep apnea and stops breathing at night.

Claimant will need all rehabilitation.LIABILITY(How injury occurred forming basis for claim) Due to the failure to have warningsthat attempts to climb could result in serious injury, as written by volunteers on website notes,and of which there was notice of the dangerous condition and notice of people posting the natureof the dangerous condition on various websites and in various books.The entity should have had warnings posted. Should have had rails and steps, or closed the area.There should have been some kind of gate or fence like they have in Yosemite where the fallsare tricky and slippery.

There was a trail up, but two trails coming down, also a failure to warn of which trail to takein that there were two return trails and the no signs. One needed to know that there were twotrails returning and that one was very steep and dangerous and there was an easier one. Thesteep and dangerous one was not posted or warned and there was a failure to warm, and thedangerous one going down should have had signs and/or been closed off.Claimant attempted to go down. There were two paths going down. Claimant hit the steepslope where there was loose dirt. Claimant slid away. He went over the edge and fell to thebottom of the waterfall.The trails were poorly maintained. The entity was on notice of this fact per the comments bypeople posted on various websites and books which say the area is very steep.The signs that were there simply stated: Welcome to the Santa Monica Mountains. Nothingsaying the area or trails or falls were dangerous.


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There were no warningsThe entity was on notice of the dangerous condition by the fact that the Fire personnel statedClaimant was the third person who had to be airlifted out of the area due to having fallenAMOUNT OF CLAIM FOR PERSONAL INJURY: Presently undetermined but within theunlimited jurisdiction of the Superior CourtDECLARATION: I declare under penalty of perjury that thedamages and injuries caused by the accident above describeDATE OF CLAIM: September 15 2008SIGNA TTjRE OF ATTORNEY FOR CLAIMANT: -----i-i---\l-- ----_

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[PROOF OF SERVICE BY MAIL c.c.P. 10l3a, 2015.5]

STATE OF CALIFORNIA )

COUNTY OF VENTURA )I am a citizen of the United States and a resident of Ventura County; I am over the age

of eighteen years and not a party to the within entitled action; my business address is: 2633Lorna Vista Road, Ventura, California, 93003-1548.On September 15, 2008, I served the within L IM FOR D M GE OR INJURY on

the interested parties in said action, by placing [X] the original [] a true copy thereof enclosedin a sealed envelope, addressed as follows:CITY OF MALIBUCITY CLERKS OFFICE23815 STUART ROADMALIBU CA 90265-4861Via Certified Mail 7007256000241320595

I am readily familiar with the firm's practice of collection and processingcorrespondence for mailing. Under that practice it would be deposited with U.S. postal serviceon that same day with postage thereon fully prepaid in the City of Ventura, State of California,in the ordinary course of business. I am aware that on motion of the party served, service ispresumed invalid if postal cancellation date or postage meter date is more than one day afterdate of deposit for mailing in affidavit.

I certify (or declare) under penalty of perjury, that the foregoing is true and correct andthat this declaration was executed at Ventura, California.DATED: September 15,2008

Dionna S. Pell, CP, CAS

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Frankie Chaparro