Howard v. City & County of San Francisco

KAUFMAN, P. J. By stipulation of the parties, the sole issue presented to the trial court was whether the respondent, City and County of San Francisco, was estopped from asserting the defense of noncompliance with section 87 of the Charter of the City and County of San Francisco, which requires that all claims against the city must be presented to the controller within 60 days after the occurrence from which it is claimed the damages have arisen.

The trial court found that on July 6, 1958, the appellant, Samuel Howard, was the driver of a taxicab owned by his employer, Jessie J. Matthews. Appellant was injured in a collision with a municipal bus on July 6, 1958. A few days after the accident, one Albert Patello, another employee of Matthews, visited the claims department of the municipal railway and obtained the claims forms. On August 11, 1958 [well within the 60-day period], Matthews went to the claims department of the municipal railway, filled out his claim for property damage to his cab and informed the municipal railway that appellant had sustained injuries in the accident. At this time, Matthews was given a claims form by an employee of the city and was informed that the appellant’s claim had to contain the full amount of medical expenses and loss of earnings. Matthews indicated that the appellant was still under the doctor’s care and unable to work and that as soon as the appellant was released from the doctor’s care and knew the total amount of medical expenses and loss of [604]earnings sustained, the claim would be filed. The city’s employee replied: “All right.” Matthews brought the claim form to the appellant and told him that as soon as he could ascertain the extent of his medical expenses and loss of earnings, he had to complete the form and file it with the city. On or about August 15, 1958, the appellant asked Matthews whether he had filed appellant’s claim. At various times thereafter, about August 30 or September 1, appellant asked Matthews about the filing of the claim.

Appellant was discharged by the doctor on October 23, 1958, and on November 7, 1958, filed his claim against the city, with a copy of his medical bills and other special damages and presented the documents to the Claims Department of the Municipal Railway of the City and County of San Francisco. The city denied the claim on the basis of section 87 of the charter.

The trial court found that the city was informed of the appellant’s injury on August 11, 1958, when Matthews presented the property damage claim. The court also found that in discussing appellant’s claim with the claims department of the municipal railway and in securing the claim, Matthews was acting as the agent for the appellant, but that Matthews was a stranger to the instant action; and further found that at no time did the appellant speak with any representative of the city, either in person or by telephone. On the basis of these findings, the trial court concluded that because appellant failed to file his claim within 60 days of the occurrence, the city was not estopped from asserting the defense of section 87, thus barring the appellant’s action against the city, and entered its judgment accordingly.