Travis County Commissioners Court
May 19, 2009,
Item 23
Now, we have a -- two or three more items before executive session.
including 23.
23.
consider and take appropriate action regarding the following liability claim recommendations: a, rs rowlett, partial denial; , b, .
annette ashcraft - denial; c, sandy marie rivera - denial; and d, kc renaker - denial.
,
>> good afternoon, judges, Commissioners.
>> how are you doing.
the first item is a claim that came to our attention about a year ago.
>> October.
>> the investigating claim
>> [indiscernible] liability prepared to release the document and a check, mr.
rowlett didn't pick up his settlement or check.
he continued to operate the vehicle while damaged, subsequently came back and asked for additional damage repair until -- until his front tires were out of alignment.
we are recommending denial of this claim based on the fact that he did mitigate the damage by having his vehicle fixed.
>> did he pick up the other portion of that check.
>> no, sir.
>> we still have possession of that check.
>> uh-huh.
>> could I ask you a question procedurally.
i understand mr.
rowlett was concerned if he signed the release and then his mechanic later found additional damage due to the fact that -- that he would have waived any claim to that.
procedurally, hidden damage or supplemental repair cost --
>> bylaw you are required to.
>> was that communicated to him.
>> yes.
>> was that also communicated in writing?
>> not in writing, but we verbally tell any claimant, we always talk about supplemental damage.
>> hidden damage.
>> yes.
>> yes.
>> okay.
thank you.
is mr.
rowlett here today?
>> I don't believe so.
>> so he's aware of what you would recommend to the court today.
>> yes, sir.
he received -- a letter --
>> okay, today.
the recommendation is $2,936 that are pending.
>> yes, sir.
the -- the settlement offer of 2931.01 is still something that we would honor.
>> okay.
>> and ashcraft, second?
>> this claim involved a denial based on property that ms.
ashcraft is alleging was not returned to her.
she was incarcerated on October 31st and released that evening.
she signed for her property, left the facility, got home, showered and realized that she no longer had her wedding rings or did not have her wedding rings.
she called the jail and asked if they could look for them.
they told her they could not or would not, it was not clear at that point.
she had been gone from the facility and had signed the paperwork.
we reviewed the videotape, went down to the jail, looked at the release area.
don't really find any way that she could not have -- the desk is very clear.
that she could not have signed for her jewelry or not have received her jewelry or not seen it at the out processing that took place.
the videotape is not very clear.
it's not good enough to see exactly what she would do, but she did stand right in front of the officer, which was -- this close here to here, and she put on all of her items and took her property.
>> when did she notify Travis County, that she was missing her rings.
>> she called a couple of hours after she had left the jail.
>> a couple of hours.
>> uh-huh.
>> then filed a claim with risk management.
our procedures are -- we have the form, I didn't submit them.
the officer checked off the methods that he -- her property as he gave it back to her.
it is checked off on the sheet.
we -- we just can't find anything that shows that her property was lost or taken, that she didn't -- didn't receive it.
she did sign a form that said she received all of her property and her cash.
>> okay.
>> all right.
so -- we are recommending denial.
she is not here.
>> okay.
>> which is a surprise.
>> ms.
rivera.
>> that's a slip and fall at juvenile court.
it was on one of the rainy days, she was leaving the facility.
she had gone there for some legal advice for her daughter.
on her own accord, actually realized that it wasn't even juvenile court, they referred her to the municipal court.
and as she was leaving, she fell on the way out the double doors.
and ended up being transported by ambulance that -- that day.
there's -- we went back and we looked at the video.
i mean not video, took pictures on another rainy day, they do have the wet mats, those mats in the foyer.
there's a sign that says caution.
it was raining I mean it was outside, we don't really feel like the county has any liability for the outside of the building.
and inside there was caution signs posted.
so -- so we recommend denial there, also.
>> the mats on the floor as well.
>> yeah, in the --
>> so she fell outside of our building.
>> well, there's some conflicting -- everything -- there was no witnesses, nobody saw her fall except for her daughter who was with her.
so it appears, the nurse said she fell, who came afterwards, advised that she told her she fell outside.
now, when I told her the claim was being denied, she told me she fell in the foyer.
>> okay.
>> so we really don't know.
>> it isn't clear where she fell.
>> [one moment please for change in captioners] renacker
>> yes, sir.
>> and Travis County also has immunity for this.
>> I move we approve staff's recommendations.
>> second.
>> passed on all four claims, second by Commissioner Davis.
any more discussion?
all those in favor?
this passes by unanimous vote.
>> thank you.
>> thank y'all very much.
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Last Modified:
Tuesday, May 19, 2009 2:00 PM