Beruflich Dokumente
Kultur Dokumente
Council Report
March 3, 2015
To:
From:
Subject:
RECOMMENDATION(S):
Deny Classic Art Gallerys Application for Late-Claim Relief to File a Claim against the
City
ATTACHMENT:
1.
APPROVED:
____________________________________
Douglas J. Schmitz, City Administrator
Date: __________________
City of Carmel-by-the-Sea
Office of the City Attorney
MEMORANDUM
To:
From:
Date:
Re:
This is to update you on the above captioned case. Plaintiff apparently was injured in a
fall on a City sidewalk, but Plaintiff never sued the City, making the potential liability exposure
of the City complicated.
Incident
Leslie Ann Schratz (age 53 at the time) has alleged that on the afternoon of May 5, 2012, she
fell when her foot rolled on an elevation difference between a brick sidewalk and a tree planter on the
sidewalk of N/6th Avenue just west of San Carlos St. According to the police report prepared
immediately after the fall, the sidewalk consisted of brick pavers that were two inches higher than the
dirt surface.
Schratz suffered a broken left ankle, sprained wrist, and bruised knee. Schratz underwent
surgery to repair her broken ankle and obtained follow-up physical therapy. Schratz alleges that
she still experiences daily pain. Her adjusted medical bills are approximately $5,000.
Procedural History
Ms. Schratz did not file a lawsuit for almost two years, and then only sued the adjacent
business, Classic Art Gallery (CAG), for premises liability. Her complaint was served on CAG
March 21, 2014.
On August 1, 2014, CAG filed a cross-complaint against the City for equitable indemnity,
contribution and declaratory relief. CAG improperly served Mayor Jason Burnett, not the City Clerk.
We demurred to CAGs cross-complaint on the grounds that the statute of limitations for a
claim and complaint against the City had expired under the Tort Claims Act (CTCA). We also filed
a motion to strike that portion of CAGs amended cross-complaint alleging that the Plaintiff alleged
she tripped and fell on a City sidewalk. Judge Susan Matcham ruled in the Citys favor, but granted