HomeMy WebLinkAboutStaff ReportKITTITAS COUNTY
Board of County Commissioners
AGENDA STAFF REPORT
AGENDA DATE: April 19, 2016
ACTION REQUESTED: Approve or Deny Claim of Greg Lutovsky.
BACKGROUND: The claimant, Greg Lutovsky, (“Mr. Lutovsky”) claims a county
dump truck/snowplow dumped sand/gravel on his 2015 Audi Q5,
allegedly causing damage to the hood, roof, windshield, grill, and
fenders of his vehicle. More specifically, Mr. Lutovsky claims that
on December 16, 2015, at 8:30-8:40 am, he was driving behind a
county dump truck/snowplow on Kilmore Road (the “pavement was
bare and dry”). He states the county dump truck/snowplow was
traveling at a rate of 30-35 mph. Due to the slow rate of speed of the
county vehicle, Mr. Lutovsky tried passing several times, but was not
able to pass because the county vehicle was close to the centerline of
the road and “tried to run me off the road.” Mr. Lutovsky further
claims that, at some point when Mr. Lutovsky’s vehicle was “100-125
feet” behind the county dump truck/snowplow, the dump
truck/snowplow dropped sand/gravel on the road, Mr. Lutovsky
“slammed on the brakes,” but his Audi was hit with the gravel/sand
nonetheless. Mr. Lutovsky claims there were no lights or signs on the
county vehicle alerting drivers sanding operations were taking place.
The total amount of the claim is $8,191.58, which is the amount Mr.
Lutovsky claims it will cost to repair the damage to his vehicle.
Kittitas County Claim #201603040039.
INTERACTION: Public Works confirms the county was engaged in sanding operations
along Kilmore Road at approximately 8:30 am on the morning of
December 16, 2016. Public Works also confirms the damage claimed
to the Audi is consistent with prolonged exposure to sand released
from a sanding truck. However, Public Works states the maximum
sand deployment range of the sander, at full speed, is less than the
100-125 feet claimed by Mr. Lutovsky. In other words, Mr. Lutovksy
was probably following the county vehicle at a much shorter distance
than he admits in his claim.
Public Works states all warning lights on the snowplow/sander were
activated during the snowplow/sanding operations.
Public Works disputes the description of the road conditions
(“pavement was bare and dry”) contained in the claim because the
county does not perform sanding operations during bare and dry
conditions. Public Works states the sanding operation was performed
due to icy conditions resulting from precipitation the night before.
Finally, Public Works disputes the claim the operator of the sander
tried to run Mr. Lutovsky off the road. It is difficult for the operator
of the sander to see the traffic behind them. If Mr. Lutovsky tried to
pass the sander, it is likely the operator did not see Mr. Lutovsky until
Mr. Lutovsky’s vehicle emerged along-side the sander. Also, it is
standard operating procedure for the sander to follow the center line
of the road when performing sanding operations.
The Risk Pool hired an adjuster to inspect the damage to the vehicle
and appraise the amount of damage and cost to repair the vehicle.
The adjuster’s repair cost estimate was consistent with the repair
estimate submitted by Mr. Lutovsky.
RECOMMENDATION: Approve or Deny Kittitas County Claim #201603040039. While it is
possible Mr. Lutovsky’s vehicle was damaged by sand released by the
county sander at the date, time, and place stated in the claim, it
appears the operator of the county vehicle acted appropriately and is
without fault. Moreover, it appears Mr. Lutovsky’s own actions (such
as aggressive driving and following the county sander too closely)
actually caused or contributed to the damage to his vehicle.
Nevertheless, Public Works recommends approving this claim.
HANDLING: Original – Clerk of the Board
Copy – Auditor
Copy – Prosecutor
ATTACHMENTS: Claim of Greg Lutovsky
Risk Pool Appraisal
Public Works’ Response
Picture of Sand
Copy of Relevant RCWs
LEAD STAFF: Christopher Horner, Deputy Prosecuting Attorney
Mark Cook, Public Works Director