Quantcast
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Only poison will do

Lawsuit claims city interfered in gopher eradication operation

An insurance company is suing the City of San Diego in an effort to get out from having to pay a claim filed by a man who was injured at Ocean Beach's Robb Field after he stepped in a gopher hole while playing football in August 2013.

The company, Brit UW Limited, an offshoot of Lloyd's syndicate, was hired by Epic Pest Control, a contractor the city hired to address gopher infestation at the park. As part of the agreement, Epic was required to carry insurance in case of bodily harm. But according to the claim, filed in federal court on September 15, the insurance company claims the city interfered with the pest control company's treatment of the field.

"Brit’s investigation disclosed City interfered with the efforts of its insured, Epic, to control the population of gophers and other pests at the subject athletic field. This interference included City’s countermanding Epic’s choice of techniques and substances to employ, and City’s hiring others, including outside vendors, to do work at the subject premises."

If true, the insurance company says it is the city and not its client who is at fault.

Gophers have been an issue at Robb Field for years. In 2009, the city hired a contractor to come in and eradicate the rodents. Soon after, however, the Animal Protection and Rescue League became involved, objecting to the use of poison to kill the gophers. The city this time looked to other options to eliminate the gophers, thus the claim of "interference."

In August 2013, Andre Walker tore ligaments in his knee and injured his ankle and foot while running on the field. Not long after, he filed a complaint against the city. In the complaint, he named the city as well as employees Stacey LoMedico, Duane Skarbic, and Monica Honore. Epic Pest Control was also named as a defendant.

"[The city] knew, or should have known, of the ineffectiveness of the maintenance and eradication program to eradicate and control gophers, ground squirrels and other unknown rodents that were causing the holes, dirt mounds and uneven surfaces at Robb Field during the period of time leading up to the date of the hereinafter-described incident that caused the injuries and damages suffered by plaintiff, Andre Walker," reads the original complaint.

"This knowledge existed long enough for the City of San Diego, its employees and its outside vendors, including, but not limited to, defendant Epic Pest Control & Landscape Services, Inc. to take steps to change its maintenance and eradication program and thereby eliminate the cause of the holes, dirt mounds and other uneven surfaces so that steps could be taken to fill the holes and level the surface to a reasonable condition so that it would not be substantially hazardous to persons using Robb Field."

Brit UW Limited is requesting that the city provide and pay for its own defense because it did not allow Epic to perform the duties it was hired for.

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

North Park – the prime quartier

30th Street parking, Georgia Street bridge, PSA crash, water tower, North Park Main Street

An insurance company is suing the City of San Diego in an effort to get out from having to pay a claim filed by a man who was injured at Ocean Beach's Robb Field after he stepped in a gopher hole while playing football in August 2013.

The company, Brit UW Limited, an offshoot of Lloyd's syndicate, was hired by Epic Pest Control, a contractor the city hired to address gopher infestation at the park. As part of the agreement, Epic was required to carry insurance in case of bodily harm. But according to the claim, filed in federal court on September 15, the insurance company claims the city interfered with the pest control company's treatment of the field.

"Brit’s investigation disclosed City interfered with the efforts of its insured, Epic, to control the population of gophers and other pests at the subject athletic field. This interference included City’s countermanding Epic’s choice of techniques and substances to employ, and City’s hiring others, including outside vendors, to do work at the subject premises."

If true, the insurance company says it is the city and not its client who is at fault.

Gophers have been an issue at Robb Field for years. In 2009, the city hired a contractor to come in and eradicate the rodents. Soon after, however, the Animal Protection and Rescue League became involved, objecting to the use of poison to kill the gophers. The city this time looked to other options to eliminate the gophers, thus the claim of "interference."

In August 2013, Andre Walker tore ligaments in his knee and injured his ankle and foot while running on the field. Not long after, he filed a complaint against the city. In the complaint, he named the city as well as employees Stacey LoMedico, Duane Skarbic, and Monica Honore. Epic Pest Control was also named as a defendant.

"[The city] knew, or should have known, of the ineffectiveness of the maintenance and eradication program to eradicate and control gophers, ground squirrels and other unknown rodents that were causing the holes, dirt mounds and uneven surfaces at Robb Field during the period of time leading up to the date of the hereinafter-described incident that caused the injuries and damages suffered by plaintiff, Andre Walker," reads the original complaint.

"This knowledge existed long enough for the City of San Diego, its employees and its outside vendors, including, but not limited to, defendant Epic Pest Control & Landscape Services, Inc. to take steps to change its maintenance and eradication program and thereby eliminate the cause of the holes, dirt mounds and other uneven surfaces so that steps could be taken to fill the holes and level the surface to a reasonable condition so that it would not be substantially hazardous to persons using Robb Field."

Brit UW Limited is requesting that the city provide and pay for its own defense because it did not allow Epic to perform the duties it was hired for.

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Tahona Bar takes it to the street

Perks include cemetery view dining, and cocktails out of a VW bus
Next Article

North Park – the prime quartier

30th Street parking, Georgia Street bridge, PSA crash, water tower, North Park Main Street
Comments
1

The lawyers creed "Who has the money and how to get to it" If it is true that the City impeded and interfered with the company's work then they are in the liability chain. Typical of the City to let a contract and then muck it up.

Sept. 17, 2014

Sign in to comment

Sign in

Art Reviews — W.S. Di Piero's eye on exhibits Ask a Hipster — Advice you didn't know you needed Best Buys — San Diego shopping Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits City Lights — News and politics Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Excerpts — Literary and spiritual excerpts Famous Former Neighbors — Next-door celebs Feast! — Food & drink reviews Feature Stories — Local news & stories From the Archives — Spotlight on the past Golden Dreams — Talk of the town Here's the Deal — Chad Deal's watering holes Just Announced — The scoop on shows Letters — Our inbox [email protected] — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Of Note — Concert picks Out & About — What's Happening Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Pour Over — Grab a cup Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer News — Inside San Diego suds SD on the QT — Almost factual news Set 'em Up Joe — Bartenders' drink recipes Sheep and Goats — Places of worship Special Issues — The best of Sports — Athletics without gush Street Style — San Diego streets have style Suit Up — Fashion tips for dudes Theater Reviews — Local productions Theater antireviews — Narrow your search Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Waterfront — All things ocean Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close