HomeMy WebLinkAbout05 CLAIM 08-28, GUZMAN 09-02-08Agenda Item 5
~' Reviewed:
AGENDA REPORT City Manager
Finance Director
MEETING DATE: SEPTEMBER 2, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT: CONSIDERATION OF CLAIM OF MARIA GUZMAN, CLAIM NO. 08-28
SUMMARY:
This is a claim of a trip and fall over a defect which the Claimant described as a change in
elevation in a bike lane. She listed her injuries as fractures of both arms and a contusion with
possible internal derangement to her left knee. This has been marked as an unlimited civil case.
RECOMMENDATION:
That the City Council deny Claim Number 08-28, Maria Guzman, and direct Staff to send notice
thereof to the Claimant's Attorney.
FISCAL IMPACT:
None.
DISCUSSION:
Staff and the City's Claims Administrator have determined that the area where the Claimant fell on
the bike trail and the sidewalk adjacent to it are both in good condition - it has not been confirmed
that there was any prior notice of defect or requests for repair at this location. There are signs
posted along the bike trail stating that pedestrians and motor-driven vehicles are prohibited.
This appears to be a case of questionable liability on the part of the City. Staff is recommending
denial of the claim at this time to commence the six month statute of limitations.
C~~,~,,"' "~
R ald A. Nault
Fina ce Director
ATTACHMENT: Copy of Claim No. 08-28
ConsiderationOfClaimOfMariaGuzmanNo08-28.doc
C,~-IM AGAINST THE CITY OF TUSI ...
(For Damages to Person or Personal Property)
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Claim No:
PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the City 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 {Government 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 Government Code of the State of Califomia, 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 (Government 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: ~Ulc~r,~ ~ ~ zw-c.~
Home Address:
Home Telephone: ' Work Telephone:
2. Post Office address t~o which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: ~,~ w, „ ~ Telephone: S y~ Z p ~ ,ti
Post Office Address: ~ o i t7nva, ~-. S t Le
3.
4.
The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence: c~ ~, -,pS"-p g Time of Occurrence: ~ ~ j1 ~ yo c=~+
Location: Q,~ ~~,,.~ mod.-~:~.~ ~ t3~Zi ~-.- ~- laid .1.iS~h
Circumstances giving rise to this c aim:
General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
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5. The name or names of the puL~~o employee or employees causing the injui, ,damage, or loss, if known.
6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand
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 of
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 not
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 not
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 Code
§910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the
City of Tustin requests that you answer the following questions.
7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
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: 1'`i
w831o
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If applicable, please attach any medical bills or reports or similar documents supporting your claim.
If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance 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
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City/Agency Vehicle; location of City/Agency vehicle at time of
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 a
proper diagram signed by claimant.
13 8 21 J,~~..-~,,~ra- ~,~~
SIDEWALK
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PARKWAY
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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: p s
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