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HomeMy WebLinkAbout05 CONSIDERATION OF CLAIM STEVEN M. AUSTIN SR, CLAIM NO. 10-04~- r ~,.' - MEETING DATE: TO: FROM: SUBJECT: SUMMARY: AGENDA REPORT JULY 6, 2010 WILLIAM A. HUSTON, CITY MANAGER KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES Agenda Item Reviewed: City Manager Finance Director 5 r' N/A CONSIDERATION OF CLAIM OF STEVEN M. AUSTIN SR., CLAIM NO. 10-09 The claimant alleges that a water spigot in his back yard blew a seal, causing water to squirt into the backyard. He attempted to shut off water to the house at the City's meter valve. While he was attempting to shut the water off, the valve broke and hit him in the eye. RECOMMENDATION: That the City Council deny Claim Number 10-09, Steven M. Austin, Sr., 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. The City was not called out to look at, or repair, the water valve at issue at the time of the alleged malfunction. Additionally, the City was not aware of any problems with the valve prior to the claimant turning it without permission, ultimately causing it to break. Staff is recommending denial of the claim. t~2~,~~~~ ~ Q,~ ~~ ~- Kristi Recchia Director of Human Resources ATTACHMENT: Copy of Claim No. 10-09 (`CLAIM AGAINST THE CITY OF TU~°i iiN (For Damages to Person or Personal Property) Received Via: ~~TT4ime;St ^ U.S. Mail ~~~ ~ ~i~~ ^ Inter-Office Mail z~lO ~ Over the Counter ~~;Iai~Nc~ ~: ~ ~ ~©-~~ 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 propert}r 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 (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: S ~ ~ 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) Name of Addressee: M ~ ~ ~ ~ 1^t Telephone: Post Office Address: h ~~i t ~ SkrQ r T CoE" ~ t 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: ~ ~~ I )Q Time of Occurrence• 9 ; ~~ p~ Location: i Z~-j j ~ ~,o Circumstances giving rise to thi claim: ~.f/~~,.. S < <~ • ` r _ 1 ,~ .. , _. - - hm . _ ~ - - - - - - art SDK ~~ ~-~.e ~~ w 3 c /a ~-dn~ke. si1c~,-h~ -f-I.e efz,~ ~ ~e vq lv~ ~ enotigqh w~ Pr 7~ I fo <fo-Fe~l-;`-,°fn f/i~ R~'y^ d,r~ ~, ~`n+o 4. Gener descriptio of the indebtedness, obligatiorYinjury, damage o loss incurred so far as you now know. ~~~ ~- a >°~ em car ~ ,f s w~t5 viawj+ ~~~t-~+~, ~~v` S~~eV~l 1+.o~cr> ~ ~s o!'s~~ r w,' ' ''1-~ ~Li ~~~~.z ~~~~~.r 4 w ~ cn n .~,,,~ ,+ .-F ~G~ uas g;v~v~ ~ !wi ` ` y `~ - ~ Pre SC r`j~}t[~n ~ {~"~ti~i` 9p~ ~ rhl. t~'~+3~dh ~qS //"t°""~r`~~g~1 of~+ 7ihe <y~ i5 s~'/l ~ain~/. E~~r~ s ~w~ o~' w~~ ~ ~~ Z~~S a-~ am -~-o r~P~urh n ~~ ~~1z -fir ~~c}~er -~z~~/eEV u js. 5. The name or names of the public employee or employees causing the injury, 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 ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury, damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basis for computation: ~,S 3Q, 9$ ~{- ~ h k-w~,v>1 ~ rt~oot-1 ~' ,~ 530 9 g ~ `S f~ e -i"o~i~ n~h~ l05'~' ~Ari~S,__.i/,~Z_SiR~j~t~ ~~jt.,~,ow-k ( ~~Q,~E~~3!;~ yrr~scri~~~ ~, ~rs~-~nc,~n,~N~fc~f $Z~~ ~ ~~~ ~ r ~Gf ~ ~ ~ ,~ k~vwn arw~k ~(>~ Su-~f+~r~~qq~i'f`S`}'iII ~e1S j~`~SO~eoN~ iSPr~ss~~I OK isn ~y~° wfffi ~c~'r~k~b ~ If atf~ount claimed exceeds $10,000: If the amoun~claimedyexceeds 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: Wt7S~n Me -cql C~~~r SQ ~~ ~~ /13Dt N, ~~s~{;~ ve S~K~ ~a Cam, Z7aS ~71y- 953 333 1-- G ee , ~ ~` K~a/l~ M 0 I~ .-~dlo~ 10 ~ 1 Ul, C l~a~ vhg v~~ile s~ ~-I~ 71J ~__ D r~a~ Cot ~ `~' ZS'tO~ ~71~1-) SsR'- 2-SZ-Z- ., 1f 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 ~~ . ti 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 "8" location of yourself or your vehicle when you first saw // CURB %/ 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 -7, 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: PARKWAY Page 3 of 4 Date: ~` ~.. 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 far delay in presenting the claim is: Date Revised 12/2004 Signature of Claimant Page 4 of 4