The URL can be used to link to this page

Home My WebLink About11 CLAIM DULGERIAN 02-05-01AGENDA RE DR'T NO. 11 02-05-01 MEETING DATE: TO' FROM' SUBJECT: FEBRUARY 5, 2001 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY CLAIM OF TRAVIS M. DULGERIAN;.CLAIM NO. 00-39 SUMMARY: The City Attorney is recommending that the City Council reject Claim No. 00-39, Travis M. Dulgerian. RECOMMENDATION' After review and investigation by the City's Claims Administrators and by this office, it is recommended that the City Council reject the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. FISCAL IMPACT: There is no fiscal impact with this action. BACKGROUND: The claimant alleges that unmarked construction caused damage to his car. The claimant states that he was southbound on Newport Boulevard and ran over metal plates in the roadway at approximately 11581 Newport Boulevard. He alleges that the impact of the plates damaged the underside of his car. In the claimant's description of the accident location, it appears that this accident happened in an unincorporated area, outside City limits. The City's Claims Administrators sent the claimant a letter in December, informing him of this fact and stating that this area of Newport Avenue is within the County of Orange's ownership and control. The amount claimed is $300.00, which was his deductible; his insurance company may file a claim with the City for $4,211.65. We would recommend that this claim be denied as well. ATTACHMENTS' Claim 31784\1 .. CITY OF TUSTIN '" CL, ,.~¢1 AGAINST THE CITY OF . ,..oTIN (For Damages to Persons or Personal Property) The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within six ('6) months after th.e incident or event occurred. Be sure your claim is against the City of Tustin, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, City .of Tustin, 300' Centennial Way, Tustin, California 92780. WHEN COMPLETING THIS FORM, PLEASE TYPE .OR UsE BLACK INK To the Honorable Mayor and City CoUncil, City of Tustin, California' The undersigned respectfully submits the following claim and information relative to damage to person and/or property: . 2~ a. Name of Claimant: Address of Claimant: Ci~/ZipCode' ~)~~~ ' ~'~ 7' ~, ." Telephone Number: (~ &-~ .. ' DateofBi~h: _~ ~'.,... ~.¢% -... ' ...... Social Security ~fimbe~: _ ~(~ ~~~~~ ...... .. Name, telePhone, and post off'ce address to which claimant desires notices to be sent (if Other than above):. _ ................ , .................. . , · e . This claim is submitted against' ' a. >4 The City of Tustin only, b. ., The following employee(s) of the City. of Tustin only: C. City o{ TuStin and tl~'~ fo~j0~Jng emPi°yee(s)'"0~ the'Ci~y"°f Tu'sti~ 0nly:.. OccurrenCe or event from which the claim arises: a. Date: /~,UQL~ .~_O, %OOO ....... b. Time: I_')-:.:~O fz~td. · F/x. OY'tOk'.~ c. Place ~(Exact and Specific i'0c~ti°n)· _;Fl':'¢ ~-~' d. '-' How and under wh'at circumsta'nce~ di'd 'dai:n~ 'o~' injury. Oc~:U~-.~ .specify the particui.~ar occurrence, event, act or omission you claim caused the injury or damage (use additional o 7~ paper if necessary/~'~. (;L,~ O~ ~-¢~2,~ ee What particular ac. tion. by the city,.or its employees, ca, used the alleged damage or injury? Give a description of the injury, property damage or loss so far known at the tim.e of this claim. there were no injuries, state "no injur!es". _ ' "' ' . . '&o6 ........... .- Give the ~ame(s) of the City employee(s) causin~ the ............... Name and address of any other person injured' . Name and address of the owner efa. qy.damaged property:. · 9~ Damages Claimea' Amount claimed as of.this date: ,~OC~ ,(~) . Estimated amount 'of f.~[ture costs: t) Iq ~ vq OL~ ff'} . Total amount claimed: ·, Attach .basis for computation of amounts Claimed (include c°~'i'e~ Of ail' bills, invoices, estimates, etc.) . 10. Names and addresses of all witnesses, hospital.s, doctors, etc. WARNING' IT'IS A CRIMINAL OFFENSE TO FILE A FALS-E ~LAIM (Penal Code Section 72; Insurance Code Section 556.0) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters statefl to be upon information or belief and as to such matters I believe the same to be true. I certify of perjury that the foregoing is true and correct. Claimant's Signature ,,- _ . .. ......... Executed this... ~ day of ,20~x~ . · ' _ · Date filed this_, day Of ........ , 20.. . 2:CLAIM (1/00) On the morning of the August 20th' 2000, I was coming home from a friends' house at around 12:30 AM, and also had my girlfriend with me. While driving down Newport, heading west from Crawford Canyon, I came up on a covered up whole that was covering a city dug hole. Before these plates there were no signs telling of . construction ahead. I was driving the speed limit, which is 45, and when I saw the .plates I put the brakes on hard, at least slowing me down to 40, if not less. After hitting the plates, feeling the impact, I noticed that my truck now had a lower ride height. We immediately pull over, and looked underneath the vehicle, and discoVering that the frame and suspension was obviously damaged. I walked over to the plates and discovered that they had been overlapped creating an exposed cdg~. I then called my friend of whose house I was coming home from and he came to help me incase I needed a ride; he as well saw the plates along with my girlfriend. There was an SCE worker uP in the trees working, and after noticing my accident he put cones in the road to warn the other oncoming drivers. I then called AAA to have them tow 'my truck..to my house, and then later to Auto Body by Caldwell. They received my truck at Caldwell on the following Monday. The next morning after the accident, I went to the site where I had the accident, and the guys were working there, and they had stated that they take up, and take down the construction signs every day. The names of all the people stated above are enclosed, as well as pictures of the construction site the morning after. These prove there were no construction signs telling of the plates, and in fact, there was a sign that stated the construction zone ended, and was placed near the sp¢~d limit sign. These are enclosed. Repair Order 2217 10/25/(~) Page 1 Dar, age Report 21117 22772 GRANITE WAY, LAGUNA HILLS, CA 92653 (949) 951-6917 LABOR SHOWN IS FLAT RATE-NOT CLOCK- BAR:AB i00457 EPA:CAL 000 190 857 Vehicle Owner: JACK DULGERIAN Work: ( Date of Loss: 8/12 Vehicle: 85 CHEVR.OLET C 1500 BLACK Mileage: 110957 Vehicle ID Number AUTOHOBILE CLUB IRP 3350 HARBOR BL?D. 2NDFL COSTA MESA CA 9 ..... °~ (714> 540-4046 Policy: Claim No: .... FINAL BILL Written By ANTON HARRIS ........ Inspected By NANCY TRIPLET Price Met l I. RE~UE/F~ USU) ~CH F RA~. 2; ~cI~qNICAL LABOR T~ER R~R SPRI~S b, MI~ ~I~ L~R P~ FR~ FOR ~I~ G. MI~ ~ET ~RRECT TO S5~,~ ' m 8. M I~~~ PARTS ~Tm 9. R~VE & ~~ L~R ~DIATDR ~~ I1. ~ ~ 15. ~~I~ ~BOR ~~ BRAES 16, R~VE A ~E RI6~ F~T L~R ~R~ ARM ~VE &-~ ~T FReT L~R ~TR~ ~ 18, ~UE & ~E L~R ~~ A~ U ~TS (~) I9, RE~UE & ~E RI~ FRO~ ~TOR ~ ~VE A ~ L~T F~ ~TOR ~T MI~~~ PARTS ~L~~ ~ZflR~ ~TE '~I~ ~DR IS F~T ~ ~IT Labo) Mech Othr. Paint $ $. $ 1.00 33. 16. t~ F~9o F~5 45.~0 $ 16,96 336.03 73. P.5. 73,25 51.~ C-'9.75 50. ~0 78.81 27,4 1.5 1.7 0.3 ~[,7 ~,7 8.4 ~.6 2,7 .. 2,5 1.7 NOTES: C = customer payable repair i~em --- cont inued --- Repair Order 22173 0 , FINAL BILL Written By ANTON HARRIG .... Page 2 ================= ......... === FINAL BILL SUMMARY MECHANICAL LABOR METAL LABOR $ PAINT LABOR $ OTHER LABOR $ PARTS $ PAINT MATERIALS SUBLET S- OTHER SALES $ SALES ~'AX 2,585.00 .... 12.00· .... 126.00 .... 30.00 .... 1,563.69 66.96 1.00 2.62 126.38 47.0 hours 0.4 houros 4.2 hours 1.0 hours FINAL BiLL TOTAL $ 4,511.65· · Insurance Payable Repair Total Customer Payabie, including Deductible 4,211.65 ~00.00