HomeMy WebLinkAbout12 CLAIM 08-41 SOSA 11-18-08Agenda Item 12
• Reviewed:
AGENDA REPORT City Manager
~` „~,Y ~ y Finance Director
MEETING DATE: November 18, 2008
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONSIDERATION OF CLAIM OF CHERYL, MARTIN AND EMMA SOSA, CLAIM NO. 08-41
SUMMARY:
The Claimants reported, through their Attorney, that the three of them sustained personal injuries in
an accident which occurred in May 2008 on Seventeenth Street and Holt Avenue. The Claimants
allege this accident was due in part to defective road design and/or inadequate lighting, sign
postings, sight lines, signal light phasing, speed control and/or warnings. The Claim is that this
dangerous condition was created by an act or omission on the part of the City of Tustin, or that the
City had actual constructive notice and a sufficient time prior to the incident to take measures to
protect against the dangerous condition. They are filing for damages in the amount of $600,000.
RECOMMENDATION:
That the City Council deny Claim Number 08-41, Cheryl, Martin and Emma Sosa, and direct Staff to
send notice thereof to the Claimants' Attorney.
FISCAL IMPACT:
None.
DISCUSSION:
Staff and the City's Claims Administrator have determined that this incident occurred outside the City
limits in an unincorporated area of the County of Orange. The City of Tustin does not maintain or
control the location and has no jurisdiction over the lighting, signage or design of the intersection. It
is recommended that this claim be denied.
ona A. Nault, Finan Director
ATTACHMENTS: Copy of Claim No. 08-41
ConsiderationOfClaimOfCheryl, MartinAndEmmaSosa. doc
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
ived Via:
U.S. Mail ~'h ~ F<
Inter-Office Mail
^ Over the Counter
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Time Stamp: ~ c
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Claim No: .~ d ~~"'~
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PLEASE NOTE: ~ ~'
A. Read entire daim before filing.
B. Be sure your daim 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 oaxm-ence (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 daim must be presented, as prescribed by the Government 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 (Government Code § 910.2).
G. This form is for the convenience of those desiring to present daims 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 daims.
H. Completed daims 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: Chervl Sosa, Martin Sosa, Emma Sosa
Home Address:
Home Telephone: Work Telephone:
2. Post Office address to which the person presenting the daim desires notices to be sent:
(If different from above)
Name of Addressee: Peter A. Noronha, .Esq. Telephone: 714-558-1400
Post Office Address: Cham ers, Noron a & Ku ota
2070 N. Tustin Avenue
Santa Ana, CA 92705
3. The date, place and other dreumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence: May 3 , 2 0 0 8 Time of Occurrence: 12:5 0
Location: 17th St. and Holt Ave. , Tustin, CA
Circumstances giving rise to this daim: Please see "Claim for Personal Injuries
(Govt. Code Section 910)" attached.
4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
Please see "Claim for Personal Injuries (Govt. Code Section 910)"
attached.
Page 1 of 4
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5. The name or names of the public employee or employees causing the injury, damage, or loss, ff known.
Unknown.
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: Please see "Claim for Personal Injuries
Govt. o e ec ion a ac e .
If amount claimed exceeds 510,000: 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:
Unknown other than vehicle occupants.
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:
Please see "Claim for Personal Injuries (Govt. Code Section 910)"
attached.
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.: Wawanesa Insurance Telephone: (800) 427-9669
Address: 9050 Friars Rd. , Ste. 100
San Diego, CA 92108 Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
2002
Claimant's Veh. Lic. No.: Vehicle Make/Year: Volkswagen Jetta
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 acddent claims, place on following diagram name of
streets, including North, East, South, and West; indigte place of
accident by `X° and by showing house numbers or distances to
street comers. If City/Agency Vehide was irnolved, designate by
letter °A" location of City/Agency Vehide when you first saw it,
and by 'B' location of yourself or your vehide when you first saw
City/Agency Vehicle; location of City/Agency vehide at time of
accident by °A-1" and location of yourself or your vehide at the
time of the acadent by °B-1" and the point of impact by `X.°
NOTE: tf diagrams below do not fd the situation, attach hereto a
proper diagram signed by daimarn.
Please see "Claim for Personal Injuries (Govt. Code Section 910)" attached.
SIDEWALK
CURB -~
CURB ~
PARKWAY
SIDEWALK
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
Signature:
Date: 10/22/08
Peter A. Noronha, Esq.
Attorney for Claimants
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L~
PETER A. NORONHA
LAW OFFICES OF
CHAMBERS, NORONHA & KUBOTA
2070 NORTH TUSTIN AVENUE
SANTA ANA, CALIFORNIA 92705
(714)558-1400 /Fax: (714) 55&0885
ATTORNEY BAR NO. 107088
Attorneys for Claimants
CHERYL SOSA, MARTIN SOSA, and EMMA) CLAIM FOR PERSONAL INJURIES
SOSA, by and through her Guardian) (Government Code §910)
Ad Litem CHERYL SOSA, )
Claimants, )
vs. )
CITY OF TUSTIN, )
Respondents. )
YOU ARE HEREBY NOTIFIED that CHERYL SOSA, MARTIN SOSA, and
EMMA SOSA, a minor (born on by and through her Guardian Ad
Litem CHERYL SOSA (the minors mother) hereafter collectively,
"Claimants", whose address is
claim damages from CITY OF TUSTIN (hereafter
"Respondents"), in the total amount of $600,000.00 (Six Hundred
Thousand Dollars), computed as of the date of presentation of this
claim.
This claim is based upon personal injuries sustained by
claimants in an accident on or about May 3, 2008, on 17t'' Street and'
Holt Avenue, in the City of Tustin, County of Orange, State of
California.
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CLAIM FOR PERSONAL INJURIES (Government Code §910)
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1 At the time and place mentioned, claimant CHERYL SOSA was
2 driving her 2002 Volkswagen Jetta and claimants MARTIN SOSA, and.
3 EMMA SOSA were passengers in the vehicle. Claimants were traveling
4 northbound on Holt Avenue turning westbound onto 17t'' Street. JAMES
5 CARRUTHERS was driving his 2000 Toyota Tundra eastbound on 17tH
6 Street and collided into claimants vehicle.
7 Claimant CHERYL SOSA thereby sustained serious and
8 debilitating injuries, including but not limited to multiple pelvic
9 fractures, a fractured clavicle, right kidney laceration, and other
10 medical injuries requiring extensive hospitalization.
11 Claimant MARTIN SOSA thereby sustained injuries, including but
12 not limited to a chest injury, general bruising, and other medical
13 injuries.
14 Claimant EMMA SOSA thereby sustained injuries, including but
15 not limited to child seat bruising, and other medical injuries.
16 Claimants allege that the accident, was due at least in part
17 to inadequate lighting in the area, and/or inadequate and/or
18 dangerous and defective design of the road, and/or inadequate
19 warnings and sign postings, and/or inadequate speed control and
20 signs and warnings, and/or inadequate sight lines, and/or
21 inadequate signal light phasing. Vehicle operators meeting at the
22 said intersection as above described are unable to observe one
23 another approaching until to late to avoid collision. The situation
24 described above constituted a trap for persons using the highway
25 with due care.
26 The dangerous condition was created by the negligent and/or
27 wrongful act or omission of an agent or agents, or an employee
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CLAIM FOR PERSONAL INJURIES (Government Code §910)
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1 and/or employees, of the City of Tustin while acting in the course
2 and scope of said agency. and/or employment. The City of Tustin
3 either created the dangerous condition and/or had actual
4 constructive notice of said dangerous condition and a sufficient
5 time prior to the incident so that measures could have been taken
6 to protect against said dangerous condition.
7 Said negligence and/or said conditions caused/contributed to
8 the happening of the accident and serious injuries to claimants
9 CHERYL SOSA, MARTIN SOSA, and EMMA SOSA.
10 Claimants CHERYL SOSA and MARTIN SOSA incurred substantial
11 personal injury damages including hospitalization and
12 rehabilitation, surgeries, and permanent residuals, and other
13 damages and expenses including medical and hospital expenses, wage
14 loss and loss of earning capacity. Claimant EMMA SOSA incurred
15 substantial personal injury damages including permanent residuals,
16 and other damages and expenses including medical and hospital
17 expenses.
18 The names of the public employees causing the claimed damages
19 including the serious injuries to claimants CHERYL SOSA, MARTIN
20 SOSA, and EMMA SOSA under the circumstances described above, are
21 unknown to claimants at this time.
22 The complete nature and extent of the damages sustained by
23 claimants CHERYL SOSA, MARTIN SOSA, and EMMA SOSA as of the date of
24 presentation of this claim are not fully known. Claimants .will
25 amend their claim, if necessary, to state the extent of said
26 damages when fully ascertained.
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CLAIM FOR PERSONAL INJURIES (Government Code X910)
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The amount claimed, as of the date of presentation of this
claim, is computed as follows:
CHERYL SOSA
Expenses for Medical and Hospital Care: Unknown.
Loss of Earning Earnings: Unknown
Future Expenses for Medical Care: Unknown
Future Loss of Earnings: Unknown
Special Damages Unknown
General Damages $500,000.00
TOTAL DAMAGES INCURRED TO DATE
BY CHERYL SOSA: $500,000.00
MARTIN SOSA
Expenses for Medical and Hospital Care r Unknown
Loss of Earning Earnings: Unknown
Future Expenses for Medical Care: Unknown
Future Loss of Earnings: Unknown
Special Damages Unknown
General Damages $50,000.00
TOTAL DAMAGES INCURRED TO DATE.
BY MARTIN SOSA: $50,000.00
EbIl~i SOSA
Expenses for Medical and Hospital Care: Unknown
Future Expenses for Medical Care: Unknown
Special Damages Unknown
General Damages $50,000.00
TOTAL DAMAGES INCURRED TO DATE:
BY F~II~lA SOSA $50, 000.00
TOTAL DAM~IGES BY ALL CLAIINANTS: $600, 000.00
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CLAIM FOR PERSONAL INJURIES (Government Code §910)
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1 Jurisdiction over the claimants rests in Superior Court.
2 All notices or other communications with regard to this claim
3 should be sent to claimants, care of PETER A. NORONHA, Esq.,
4 Chambers, Noronha & Kubota, 2070 North Tustin Avenue, Santa Ana,
5 California 92705-7827.
6 DATED: October 22, 2008 CHAM ONHA & KUBOTA
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By:
g PETER A. NORONHA
Attorney for Claimants
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CLAIM FOR PERSONAL INJURIES (Government Code X910)
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PROOF OF SERVICE
I am employed in the County of Orange, State of California; I
am over the age of eighteen (18) years and not a party to the
within action; my business address is 2070 North Tustin, Santa Ana,
California 92705-7827.
On October 22, 2008, I served the foregoing CLAIM FOR PERSONAL
I
INJURIES (Government Code X910) on interested parties by placing,
true copies thereof enclosed in sealed envelope(s) with postage'
thereon fully prepaid, in the United States mail at Santa Ana,
California as follows:
CERTIFIED 1~iII, RETURN RECEIPT REQUESTED
(City Form and Pleading Form)
City of Tustin
City Clerk's Office
300 Centennial Way
Tustin, CA 92780
I am "readily familiar" with the firm' s practice of collection
and processing correspondence for mailing. Under that practice it
would be deposited with the United States postal service on that
same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after
date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State
of California the foregoing is true and correct. Executed on
October 22, 2008 at Santa Ana, California.
r
ONNE ORES