HomeMy WebLinkAbout07 CLAIM 07-40, CLARENCE CURRY 02-05-08AGENDA REPORT
MEETING DATE: February 5, 2008
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONSIDERATION OF CLAIM OF CLARENCE CURRY, CLAIM NO. 07-40
SUMMARY:
The Claimant reported that high winds caused a large branch from a City tree to break and
fall on his parked vehicle. This resulted in damage to the signal light casing, front bumper
and outside mirror, and scratches along the side of the car.
RECOMMENDATION:
That the City Council deny Claim Number 07-40, Clarence Curry, and direct Staff to send
notice thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
The City's Claims Administrator confirmed with Staff that the tree involved had been
inspected and trimmed on schedule (most recently in 1999, 2002, 2004 and 2006) and there
was no evidence of disease. There is nothing to indicate the cause of the Claimant's loss
was other than the excessive wind conditions, which are outside of the City's control. Staff is
recommending denial based on the finding of no fault attributable to the City of Tustin.
RonaId A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 07-40
ConsiderationOfClaimOfClarenceCurry. d oc
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
Received via:
PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the Citv of Tustin, not another public entity.
C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence
(Government Code § 911.2).
D. Claims for damages to real property must be filed no later than one year after the occurrence (Govemment Code § 911.2).
E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered.
F. A claim must be presented, as prescribed by the Govemment Code of the State of California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on
his behalf (Govemment Code § 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
Name and Post Office address of the Claimant:
Name of Claimant: Clarence Curry
Home Address: 14301 Heatherfield Dr
Home Telephone: 717/832-4784 Work Telephone: 310) 332-
2. Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: Clarence Curry Telephone: 714/832-4784
Post Office Address: P.O. Box 1971
date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence:12/25/07 (Christmas) Time of Occurrence:12 noon
Location: Across from residence of 14301 Heatherfield Dr.
Circumstances giving rise to this claim: High winds caused large branch from city tree to break and
fall on Black Mercedez parked on the street.
General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
Damage appears to be a broken side/signal light casing, scratched
front bumper (passenger side), the outside mirror and a few scratches
along the side of the car.
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5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
N/A
6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousan~
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation c
the amount claimed (include copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation:
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do nc
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does nc
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP
86.)
^ Limited Civil Case ^ Unlimited Civil Case
You are required to provide the information requested above in order to comply with Government Coi
§910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, tl
Ci of Tustin re uests that ou answer the followin uestions.
7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the clan
arises:
James Coco
14310 Heatherfield Dr
Tustin, CA 92780
8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
N/A
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: AAA (Auto Club of So Cal Telephone:
Address: TustinInsurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
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READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by."X" and by showing house numbers or distances to
street comers. If City/Agency Vehicle was involved, designate by
letter "A" location of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City/Agency Vehicle; location of City/Agency vehicle at time o'
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1"and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto
proper diagram signed by claimant.
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good
faith and with reasonable cause.
Signature: Date: 12/27/07
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IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION.
SIGN BOTH FORMS.
APPLICATION FOR LEAVE TO PRESENT A
LATE CLAIM TO THE CITY OF TUSTIN
The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being madE
within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances
leave to present a late claim will be granted (Government Code § 911.6). The reason for delay in presenting the claim is:
Date Signature of Claimant
Revised 12/2004
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