Accidents happen. On Sept. 1, 2006, fragments of a bullet fired
at a charging pit bull by Hollister Police Officer Steve Vining
ricocheted and struck a woman who was standing nearby.
Accidents happen. On Sept. 1, 2006, fragments of a bullet fired at a charging pit bull by Hollister Police Officer Steve Vining ricocheted and struck a woman who was standing nearby.
That woman, Ortencia Avendaño, had called police for assistance while serving legal papers at a home in the 1300 block of Sunnyslope Road in Hollister.
Police officials have told the Free Lance Vining acted in accordance with department policy in firing on the dog.
Avendaño filed a claim against the city late last month, asking for $23,726.39 to cover lost wages and medical expenses she incurred as a result of being struck by the bullet fragments.
Following standard procedure, the Hollister City Council on Tuesday rejected Avendaño’s claim.
We understand why the council did what it did on Tuesday. As City Clerk Geri Johnson told the Free Lance earlier this week, the city must reject the claim and then forward the claim to its insurer in order to get the legal process started.
If a city-owned vehicle was involved in a crash with another car, we wouldn’t expect the City Council to fork over cash, but rather to submit the claim to the city’s insurer.
That’s why the city has insurance.
That procedure is duly noted, but we sincerely hope the city takes action without delay to make sure that Avendaño’s lost wages and medical bills are covered.
Based on the facts of the case that have been made available to the public thus far, it seems clear that Avendaño deserves to be compensated for her lost pay and medical bills resulting from the accidental shooting. In other words, the city is on the hook.
We urge our elected officials to ensure that justice is served in this case.
It is also worth noting another, seemingly rare factor in this case.
Avendaño asked for compensation to cover only her medical bills and lost wages. She didn’t ask for compensation for pain and suffering or emotional distress.
In our often overly-litigious society, this comes as a breath of fresh air, especially in light of some of the other claims filed against our public entities in the last few years.
In fact, $23,726.39 is a nominal figure when all things are considered.
This is made more clear when one considers District Attorney John Sarsfield’s $5 million-plus claim against San Benito County.
Last September, Sarsfield charged the Board of Supervisors with a host of civil wrongs stemming from the handling of a sexual harassment suit filed against his office in 2004.
Sarsfield claimed he was owed the money the because he suffered emotional distress and bodily injury as a result of the county’s mishandling of the case.
It was an unfortunate accident that resulted in Avendaño’s injury.
Nonetheless, the city should make sure she receives fair payment for lost pay and medical bills.
