1 Entered SB CL 11L0559 DWM/11 JANINE J. EDMONDS CLAIM OF: Dwain Tharpe through his attorney Paul B. Mazur, P.C. Attorney at Law P.O. Box Atlanta, Georgia For bodily injury alleged to have been sustained from a motor vehicle accident on March 28, 2011 at Cascade Road. THIS ADVERSED REPORT IS APPROVED BY: ERIC RICHARDSON DEPUTY CITY ATTORNEY r czl.3 ADVERSE REPORT PUBLIC SAFETY & LEGAL ADMINISTRATION COMMITTEE DATE.
2 CITY OF ATLANTA OFFICE OF MUNICIPAL CLERK RHONDA DAUPHIN JOHNSON, CMC MUNICIPAL CLERK 55 TRINITY AVENUE, S.W. SUITE 2700 ATLANTA, GEORGIA Main (404) Fax (404) May 13, 2013 Dwain Tharpe c/o Attorney Paul B. Mazur, PC P. 0. Box Atlanta, Georgia R-3080 Dear Mr. Tharpe: I sincerely regret that you have been adversely affected by the circumstances raised in your claim for damages against the City of Atlanta. Your time and patience in this matter has been greatly appreciated. However, I must notify you that the Atlanta City Council Adopted an Adverse Report on your claim at its regular meeting on May 3, In consultation with the City's Law Department, who conducted an investigation of the situation, the Council has determined that the City cannot accept responsibility for this matter and therefore cannot pay this claim. If you desire any further information, please contact the City Attorney's Office/Claims Division at (404) Sincerely, Rhonda Dauphin Johnson, CMC Municipal Clerk cc: Claims Division/Law Department
3 DEPARTMENT OF LAW - CLAIM INVESTIGATION SUMMARY Claim No. 11L0559 Date: April 16, 2013 Claimant/Victim Dwain Tharpe BY: (Atty) (Ins. Co.) Paul B. Mazur, Attorney at Law Address: 44 Broad Street. Suite 600, Atlanta, Georgia Subrogation: Claim for Property damage $ Bodily Injury $ Date of Notice: 07/22/11 Method: Written, Proper X Improper Conforms to Notice: O.C.G.A X Ante Litem (6 Mo.) X Date of Occurrence 03/28/11 Place: Cascade Road Department: Watershed Management Bureau: Management Office: Employee involved: Gary Andrews Disciplinary Action: Driver's training NATURE OF CLAIM: Claimant alleges bodily injury sustained when the vehicle he was riding in was struck by a city vehicle. The investigation determined the claimant has filed a lawsuit to resolve his claim. INVESTIGATION: Statements: City employee X Claimant X Pictures X Diagrams Reports: Police Traffic citations issued: City Driver Citation disposition: City Driver Others Written X Oral X X Dept Report X Other Claimant Driver Claimant Driver BASIS OF RECOMMENDATION: Function: Governmental Ministerial X Improper Notice More than Six Months Other Damages reasonable City not involved Offer rejected Compromise settlement Repair/replacement by Ins. Co. Repair/replacement by City Forces Claimant Negligent City Negligent Joint Claim Abandoned Respectfully submitted, RECOMMENDATION: INVESTIGATOR JANINE J. EDMONDS Pay $ Adverse X Account charged: General Fund Water & Sewer Aviation Claims Director/Manager: (-6(6'; Concur/date Concur/date Deputy City Attorney: Committee Action: Council Action FORM 23-61
4 PAUL B. MAZUR, P.C. ATTORNEY AT LAW THE GRANT BUILDING, SUITE BROAD STREET, N.W. ATLANTA, GEORGIA (404) FAX (404) ENTERED SB 11L W. HAYES July 7, 2011 Mayor Kasim Reed BY CERTIFIED MAIL c/o City of Atlanta DOMESTIC RETURN RECEIPT 55 Trinity Avenue, S.W. ARTICLE #: Ada'Ad, GA Mr. Ceasar C. Mitchell, President BY CERTIFIED MAIL c/o Atlanta City Council DOMESTIC RETURN RECEIPT 55 Trinity Avenue, S.W. ARTICLE #: Atlanta, GA Chief George N. Turner BY CERTIFED MAIL c/o City of Atlanta Police Department DOMESTIC RETURN RECEIPT 226 Peachtree Street ARTICLE #: Atlanta, GA RE: My Client: Mr. Dwain Tharpe Responsible Entity: City of Atlanta Responsible Driver: Mr. Gary Andrews Date of Loss: 3/28/11 Dear Mayor Reed and Council President Mitchell and Chief Turner: Please be advised the undersigned and Attorney Frank B. Lieppe represent Mr. Dwain iing scr",v; h;"'as " di."^f result of a rear-end automobile collision caused completely and entiiely by the negligence of Mr. Gary Andrews Monday, March 28, 2011, on Cascade Road approaching its intersection with Utoy Springs Road in Fulton County, Georgia. Please accept this letter as our client's ante litem notice to the City of Atlanta pursuant to O.C.G.A Accordingly, please be advised of the following: NOTICE OF OCCURRENCE AND CLAIM: Liable Entity: Liable Individual: City of Atlanta Mr. Gary Andrews Date of Occurrence: March 28, 2011 Time of Occurrence: Approximately 4:35 p.m.
5 ' Mayor Kasim Reed c/o City of Atlanta Mr. Ceasar C. Mitchell, President c/o Atlanta City Council Chief George N. Turner c/o City of Atlanta Police Department RE: My Client: Mr. Dwain Tharpe Responsible Entity: City of Atlanta Responsible Driver: Mr. Gary Andrews Date of Loss: 3/28/11 July 7, 2011 Page 2 Nature of Loss: The past, present and future pain and suffering sustained by Dwain Tharpe. Amount Claimed: In excess of $5,000, Claimant: Mr. Dwain Tharpe 120 Olde Overlook Court Atlanta, GA The past, present and future medical expenses incurred by Dwain Tharpe. The past, present and future emotional distresses sustained by Dwain Tharpe. The past, present and future lost wages sustained by Dwain Tharpe. Claimant's Attorneys: Frank B. Lieppe, P.C Powers Ferry Road Suite #: 265 Atlanta, GA (770) Paul B. Mazur, P.C. 44 Broad Street, N.W. Suite #: 600 Atlanta, GA (404) PRELIMINARY INFORMATION REGARDING CLAIM: At approximately 4:35 p.m. on March 28, 2011, Ms. Tammy Clark was lawfully operating her 2004 Kia Optima vehicle in an easterly direction on Cascade Road approaching its intersection with Utoy Springs Road in Fulton County, Georgia. Mr. Dwain Tharpe was a passenger in the aforementioned vehicle lawfully operated by Ms. Clark. The front of a 2005 Chevrolet Silverado vehicle operated by Mr. Gary Andrews forcefully and violently impacted
6 Mayor Kasim Reed c/o City of Atlanta Mr. Ceasar C. Mitchell, President c/o Atlanta City Council Chief George N. Turner c/o City of Atlanta Police Department RE: My Client: Mr. Dwain Tharpe Responsible Entity: City of Atlanta Responsible Driver: Mr. Gary Andrews Date of Loss: 3/28/11 July 7, 2011 Page 3 with the rear of the 2004 Kia Optima vehicle that contained Mr. Tharpe. Mr. Gary Andrews was a City of Atlanta employee at the time of the aforementioned occurrence, acting within the course and scope of his employment for the City of Atlanta. Accordingly, based upon principles of respondeat superior, the City of Atlanta is vicariously liable to Mr. Tharpe for the tortious acts and omissions of its employee, Mr. Gary Andrews. As a result of the aforementioned collision, Mr. Tharpe sustained personal injuries and physical pain and suffering and emotional pain and suffering and seeks compensation from the City of Atlanta for same. A copy of Georgia Uniform Motor Vehicle Accident Report #: is enclosed herewith for your review. Pursuant to O.C.G.A (a), request is hereby made that you provide me with a certified copy of the declaration pages of all insurance policies which may provide coverage for this loss. This request specifically encompasses any and all excess or umbrella coverages that may in any way be applicable to this loss. The original of my affidavit in furtherance of this request for insurance coverage information is enclosed herewith for your review. Thank you very much for your attention regarding this most important matter. Of course, should you have any questions and/or concerns whatsoever, please feel completely free to contact the unciersi ne our uailie` Very truly yours, PAUL B. MAZUR, P. PBM/j fc Enclosures (As Indicated) cc: Mr. Dwain Tharpe (With Enclosures) Frank B. Lieppe, Esq. (With Enclosures) Paul B. Mazur
7 RCS# /06/13 3:23 PM Atlanta City Council CONSENT I CONSENT AGENDA SECTION I; ALL ITEMS EXCEPT ADOPT YEAS: 14 NAYS: 0 ABSTENTIONS: 0 NOT VOTING: 2 EXCUSED: 0 ABSENT 0 Y Smith Y Archibong Y Moore Y Bond Y Hall Y Wan Y Martin NV Watson Y Young Y Shook Y Bottoms Y Willis Y Winslow Y Adrean Y Sheperd NV Mitchell CONSENT I
8 ITEMS ADOPTED ON CONSENT ITEMS ADOPDED ON CONSENT ITEMS ADVERSED ON CONSENT R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R-3033 ITEMS ADVERSED ON CONSENT 13-R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R-3082
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