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HomeMy WebLinkAbout14 CLAIM 08-43 - REEVES 01-06-09Agenda Item 14 '~ • Y~ ~ Reviewed: :,,_~, AGENDA REPORT City Manager a. ~< Finance Director MEETING DATE: JANUARY 6, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF REX T. REEVES, CLAIM NO. 08-43 SUMMARY: The Claimant reported that workers or contractors on Irvine Blvd. near Red Hill had spilled a huge amount of bright red paint on the roadway, which he did not see until he was about to drive through it. Paint splashed the left side of his vehicle, along the bottom, onto the front and rear tires, on both wheels and in the wheel wells. He provided an estimate in the amount of $2,807.44 to remove the paint and refinish the car. RECOMMENDATION: That the City Council deny Claim Number 08-43, Rex T. Reeves, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: It appears following investigation by the City's Claims Administrator that this is not a case of liability as to the City of Tustin. Staff was able to determine upon field review that the color of the paint in the roadway was not "Traffic Red" as is used by City crews. Therefore, it would not have been our workers or contractors who spilled the paint. Staff is recommending denial of the claim. Ron A. Nault Finance Director ATTACHMENT: Copy of Claim No. 08-43 ConsiderationOfClaimOfRexReeve508-43. doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Via: TiTh~eTS'ta~S~ T U ~ T I +' i ^ U.S. Mail u inter-vmceavian ~fai~lVo:~~ 'A ~I' 0~ ^ Over the Counter v~ - ~~ 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 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 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. 1. Name and Post Office address of the Claimant: Name of Claimant: ~EX T. RE~vf~ 5 Home Address: ~' Home Telephone: ~ Work Telephone: ~ 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) 3 4 Name of Addressee: R ~~ T , (Z(c'~Y ~'~ Telephone: ~ ~ Post Office Address: (' The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: $ 4 / 0 $ Time of Occurrence: w>< .7 : ~ v q. M . Location: x'~~ne (31Vd , ' TuS~~n ~uS~' ~ FFi ~'1 t vr`1in vu ~wk,-ds Circumstances giving rise to this claim: ,~winc Dn ~~~ Q1~d . r~~ U0f k~ ~' ~,}~u,c,~2t s ~ IP u~ fi ~ ~ ~ -tie Ail W a d V 1 1 4..~ ~ .1.C i/~C~.t'S U ~~~ W l Ct w L ~ ~ `. 1 wuy v~ dr-J~ dhra u hen ~~. n Qr. v. e ~ ~i1~5 YM Gas n~ S~ ( sled VQ on , e ral escription of th inde to Hess, obligatif?~n~~ injury, dama '~ ~Y.A trro V Tlll+!'R a or loss incurred so far as you now know. Gt,l ~~ a.~ e ~ >~- mu Id ~ ~ v A ~ - e E~~~ Page 1 of 4 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. U~-knowln. 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: ~ 0~1`~tl~l>P~ ~h (~S 11MA~ ~1/D~NI G ~Od Seto ~j('AC1{' ' h ~n k ~ e i work nec:~s -ta rlnorl -i'ie 'n' ~,~', 1 'Nw.~e : ~ 2 go7. ~ ~ , r .s a 1 ck 2003 Me~cadas C~K. 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: ~+~ s~ r1,~rt~e {mown I~ov h Z bpi ewe o~W~e,,~ 5~~~ ~~ 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: 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.: 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. Page 2 of 4 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 corners. 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 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. SIDEWALK CURB ~ PARKWAY SIDEWALK CURB ~, 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: r!O ~2g / 0 s! Page 3 of 4 1321 E. POMONA SANTA ANA, CA 92705 547-8830 r? U~ ~~-~\l1'' ~~~~~ ~~'..r''t~N AUTO BODY & PAINT INVOICE # 55~~' OWNER ~ -~ PHONE ~ IIdSURANCECO. ~--, AIX)RESS AIUUSI'ER PHOiVB YFAR MAKE MODEL, Id(~A1SE ~-'~ ~ _ ~,~ ~. REPAIIt REPLACE ESTII~LATE OF REPAIR OOSI' MISC. PARIS SUB-LE'I' _ /_ ~ ,/ - ~ ~ n _ ~'•- ~ / ~ ~ ~~ Estimate By PARS PAINTMATFRWIS ~ ~F ~U~ This estimate is based on our inspection and does not cover addkionai parts or labor which may be required after the work has been started. After the work has started, worn or damaged parts which are not evident on first inspection may be discovered. Naturally this estimate cannot cover such contingencies Parts prices subject to SUBLET . change without notice. We reserve the right to deviate from the labor method and materials listed on the estimate dependent upon the availability of parts and labor. Estimate good for30 days. Hrs. of L.atwr Q S U ~ Per Hr. ' T .~ I hereby authorize the above repair work to be done along with the necessary material, and hereby grant you and/or your employees permission to operate the car, truck or vehicle herein described on streets, highways ar elsewhere for th f t ti d/ ' TC3WBII.[. e purpose o es ng an or inspection_ An express mechanic s lien is hereby acknowledged on above car, truck or vehicle to secure the amount of repairs thereto_ N t ibl f l d DEDLJCCABLE o respons or oss or e amage to cars or articles left in cars in case of fire, theft or any other cause beyond our controt_ Signature releases Miracle Design as power of attorney. ~jg~r~, TAX x ' ' LL7I AL ~ ~~©'~'