HomeMy WebLinkAbout04 CONSIDERATION OF CLAIM OF JACOB SOUTSOS, CLAIM NO. 09-37Agenda Item 4
- Reviewed:
_ ~ AGENDA REPORT City Manager '
~~` Finance Director N/A
MEETING DATE: JUNE 15, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: CONSIDERATION OF CLAIM OF JACOB SOUTSOS, CLAIM NO. 09-37
SUMMARY:
The Claimant sustained personal injuries and property damage as a result of an auto vs.
motorcycle accident that occurred on April 15, 2009 at the intersection of Tustin Ranch Road and
EI Camino Real. The claimant is alleging that the City created and/or maintained a dangerous
condition at the intersection, including but not limited to a dangerous traffic signal. The
claimant/motorcyclist was found at fault in the accident, as opposing traffic still had a yellow signal
and he did not wait for the intersection to clear before entering it.
RECOMMENDATION:
That the City Council deny Claim Number 09-37, Jacob Soutsos, and direct Staff to send notice
thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
The City's Claims Administrator, NovaPro, has completed their investigation and concludes that
there is no liability on the part of the City. Traffic signals appear to have been operating properly,
and there is no evidence to suggest that a dangerous condition of public property exists at the
subject intersection. The vehicle code requires drivers to make sure an intersection is clear prior
to entering on a green light. Staff is recommending denial of the claim.
t~~'~,
Kristi Recchia
Director of Human Resources
ATTACHMENT: Copy of Claim No. 09-37
CLAIM AGAINST THE CITY OF TUSTIN e~j,i, ~~ TUSTIN
(For Damages to Person or Personal Property)
Received Via: 1aOgT~ S~a3np~ ~, 3
^ U.S. Mail
^ Inter-Office Mail
[Over the Counter Claim No: ~ 9-..37
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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 (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.
Name and Post Office address of the Claimant:
Name of Claimant: JACOB SOUTSOS
Home Address:
~J
Home Telephone: Work Telephone:
2. Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: LAW OFFICES OF VINCENT J. TIEN Telephone: (714) 844-8436
O Post Office Address: 17291 IRVINE BOULEVARD, SUITE 150
TUSTIN, CA 92780
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence: 04/15/09 Time of Occurrence: APPROX. 1439
Location: INTERSECTION OF TUSTIN RANCH ROAD AND EL CAMINO REAL
Circumstances giving rise to this claim: CLAIMANT MOTORCYCLE RIDER WAS FACING A GREEN
SIGNAL AND PROCEEDED WITH REASONABLE CARE INTO THE INTERSECTION AND COLLIDED WITH
AN AUTOMOBILE THAT WAS TURNING LEFT ON A RED SIGNAL. CLAIMANT ALLEGES THAT CITY
OF TUSTIN IS LIABLE FOR GREATING AND/OR MAINTAINING A DANGEROUS CONDITION AT_THE
INTERSECTION, WITH NOTICE, INCLUDING BUT NOT LIMITED TO DANGEROUS TRAFFIC SIGNAL.
4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
PERSONAL INJURIES TO HEAD, BACK, SHOULDER, HAND, AND KNEE (AMONG OTHER THINGS);
MEDICAL EXPENSES INCLUDING EMERGENCY TREATMENT, HOSPITAL AND LONG TERM CARE;
LOSS OF EARNINGS DUE TO THE INGIDENT; PAIN AND SUFFERING DAMAGES; AND PROPERTY
DAMAGE (TOTAL LOSS OF 2009 YAMAHA MOTORCYCLE)
Page 1 of 4
5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
INDIVIDUAL EMPLOYEES UNKNOWN AT THIS TIME.
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 ,~j 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.
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
[SEE ATTACHMENT 1]
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:
[SEE ATTACHMENT 11
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.: PACIFIC SPECIALTY INS. CO. Telephone: 650-780-4800
Address: 3601 HAVEN AVE., MENLO PARK, CA 94025
Insurance Policy No.:--
Insurance Broker/Agent: M_CGRAW INSURANCE SERVICES Telephone: 800-303-5000
Address: P.O. BOX 40, ANAHEIM, CA 92815
Claimant's Veh. Lic. No.:~ Vehicle MakefYear:09 YAMAHA YZF-R6
Claimant's Drivers Lic. No.: - Expiration: UNKNOWN
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-firsLsaw
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_diagramsigned by claimant.
SIDEWALK
CURB -~
x
E1 ~0.~~v~p
PARKWAY
SIDEWALK
N
CURB ~.
t
N
Warning: Presentation of a false claim is a felony (Pena! 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: ~ Q -~ 3 - O
Page 3 of 4
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
Revised 1212004
Signature of Claimant
Page 4 of 4
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ATTACHMENT 1
7. Name, address and telephone number of any witnesses to the occurrence or
transaction from which the claim arises:
POTENTIAL WITNESSES:
JAOOB SOUTSOS, c/o LAW OFFICES OF VINCENT J. TIEN, 17291 IRVINE......
BOULEVARD, SUITE 150, TUSTIN, CA 92780, 714-544-8436;
TARYN DONOVAN,
AND OTHER POTENTIAL WITNESSES.
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:
DOCTORS AMBULANCE SERVICE, 23091 TERRA DRIVE, LAGUNA HILLS, CA
92653, 949-951-1708;
WESTERN MEDICAL CENTER-SANTA ANA, 1001 N. TUSTIN AVE., SANTA
ANA, CA 92705;
ST. JOSEPH HERITAGE MEDICAL GROUP, 2501 E. CHAPMAN AVENUE,
ORANGE, CA 92869, 714-633-1011;
THE HAND CARE CENTER SHOULDER AND ELBOW INSTITUTE, 1140 W. LA
VETA, SUITE 860, ORANGE, CA 92$68;
AND OTHER MEDICAL PROVIDERS.
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LAW OFFICES OF
VINCENT J. "f16N
TUSTIN, CALIFORNIA
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action; my business address is 17291 Irvine Boulevard, Suite 150,
Tustin, California 92780.
On October 13, 2009 I-caused to be served-the foregoing-documents-described as: __
CLAIM AGAINST THE CITY OF TUSTIN on the parties in this action by placing the true
copies thereof enclosed in sealed envelopes addressed as follows:
CITY OF TUSTIN
CITY CLERK'S OFFICE
300 CENTENNIAL WAY
TUSTIN, CA 92780
BY MAIL: I caused each such envelope, with postage thereon fully prepaid, to be placed in
the United States mail at Tustin, California. I am "readily familiar" with the firm's practice of
collection and processing correspondence for mailing. It is deposited with U.S. postal service on
the same day in the ordinary course of business. I am aware that on the motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is more than
1 day after date of deposit for mailing in affidavit.
BY EXPRESS SERVICE CARRIER: I deposited in a box or other facility regularly
maintained by FEDEX, an express service carrier, or delivered to a courier or driver authorized
by said carrier to receive documents, each such envelope, in an envelope designated by the said
express service carrier, with delivery fees paid for.
BY FACSIMILE: I caused the foregoing documents to be sent to the addressee(s) above
via facsimile.
xx BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
addressee above.
xx (STATE) I declare under penalty of perjury under the laws of the state of California that the
foregoing is true and correct.
(FEDERAL) I declare that I am employed in the office of the member of the bar of this
court, at whose direction this service was made.
Executed this 13th day of October 2009 at Tustin, California.
V~~-
Vincent J. Tien
PROOF OF SERVICE