Travis County Commissioners Court
February 15, 2005
Item 29
29, consider and take appropriate action on the following property/liability claim recommendations. A is tcso unit 1822, religious to settle. B, tcso unit 1965 to settle. C, tcso unit 2159, settle. And d is mary rose fisher, recommendation to deny.
>> morning, judge, Commissioners. Item a is a Travis County sheriff's vehicle that was on an off-duty job in traffic control when it was hit by a third party, causing total loss to the vehicle. And we're recommending the transfer of funds to cover the total loss in the amount of $10,065. And in addition to that the custom equipment on the vehicle cost $225, and there was a towing fee of $65. That money would come from the risk fund. And we're also asking that the car fund transfer $10,435 to the fleet manager account to replace this vehicle.
>> this was not our fault and we are pursuing subrogation against the parties who are responsible for the damage?
>> yes. The third party's insurance carrier has been put on notice.
>> b?
>> b is also a Travis County sheriff's vehicle. It was on an a off-duty traffic job. The vehicle was parked with its lights on and a third party struck another third party, who in turn hit our vehicle, causing total loss to the sheriff's department vehicle. The third party who was at fault was arrested for dui and we're pursuing that individual through the courts. There was no insurance available. They were uninsured. And we're asking for a transfer from the risk fund in the amount of $13,040, as well as towing fee of $55. And there was a defibrillator in the trunk that was totally damaged, and we have to replace that, so we're also asking for $1,689 too replace that equipment. And we're asking for the car fund to transfer $7,460 to cover replacement.
>> I have a question. And I agree with the decision to pursue res ta constitution. Is there a way with our system, our tracking system, to be able to track what indeed happens over in the court? Because it's one thing to say we're going to pursue it it, but to get some follow-up as to what happens with the judge's order. Because we ought to get restitution on that because we are an injured party just like anyone else.
>> if we're successful in restitution and as payments are made, we will log those payments and so we'll know how much we recovered of the damage that the county has suffered.
>> thank you.
>> the problem is it's like you show here. You have some indigent who you can't get blood out of a turnip.
>> we'll squeeze as hard as we can.
>> any more discussion of b? C?
>> c is a Travis County sheriff's vehicle that was proceeding westbound in the 1800 block of wells branch parkway. A third party was travelling eastbound who had a green light, but made an unprotected left turn in front of our vehicle. And it caused total loss to our vehicle. We're asking the court to approve a transfer from the risk fund of $13,215 as well as $480 to cover equipment and the transfer from the car fund of $7,285 for the replacement of the vehicle. The third party's insurance carrier has been put on notice and we will pursue recovery of those amounts.
>> questions? Question. And finally d?
>> d is a third-party claimant, mary rose fisher, who was driving through some construction and repaving taking place on elroy road. The third party claims that the oil truck sprayed oil along the left side of her vehicle, but we talked with the county supervisor on the job and they confirm that construction was taking place; however, there were signs posted and the area was marked that construction was going on. The county supervisor also indicates that it would be impossible for the truck to spray to the left or right. It sprays straight down on the resurfaced area. So they question whether or not that vehicle damage could have occurred as claimed. So we're recommending denial for that reason. And as well as protection under the Texas tort claims act, which gives immunity in this case.
>> my only question on this one is that the three previous ones that involved damage to our own vehicles were things that happened back in October. What concerns me about this one is that this is an incident that happened back in July. I need to have a better sense of why it is that on -- someone looking from the outside is why isn't a private person take this long for this claim to make it to the Commissioners court to make whatever determination that we do, and yet it seemed to work much quicker in terms of the determination of our own. My understanding, Commissioner, i'll verify and this get back to court members, is that although the claim was filed back in July, it took some time to get the estimates and information and also to accumulate the data that we needed before we were able to make a recommendation to the court, but i'll find out exactly why the delays occurred and inform the court of the specific reasons.
>> we would want to make sure that this -- that a citizen had a timely determination of whether this is to be approved or disapproved.
>> sure. I'll do that.
>> a certified letter was mailed on February ninth to ms. Fisher at the address she put on the claim form. We have not received a return receipt on it, but it was sent certified mail.
>> I move approval of the recommendation.
>> how soon after the date was incident was this claim called to our attention?
>> I believe it was within about three weeks. The incident occurred July 23rd, and we received -- actually, less than three weeks. About 10 days. We received notice -- the claim form is dated August the 3rd, and I believe we received that about two or three days later. So we received it within about 10 days of the incident.
>> did this person talk with the supervisor immediately after the incident?
>> not to my knowledge. I think they were told to contact risk management and we made contact with them, with the third party.
>> any more discussion? All in favor? That passes by unanimous vote. That was to approve the staff recommendation, right?
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Last Modified:
Wednesday, February 16, 2005 8:38 AM