HomeMy WebLinkAbout11 CLAIM SON NGUYEN 09-05-00AGENDA
REPORT
NO. 11
09-05-00
MEETING DATE: sEpTEMBER 5, 2000
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
CLAIM OF SON NGUYEN; CLAIM NO. 00-14
SUMMARY:
The City Attorney is recommending that the City Council reject Claim No. 00-14, Son
Nguyen.
RECOMMENDATION'
After review and investigation by the City's Claims Administrators and by this office, it is
recommended that the City Council reject the claim and direct the City Clerk to send
notice thereof to the claimant and the claimant's attorneys.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND:
'The claimant alleges over $600 in damage to his car, including his stereo, due to
striking a "large rectangular metal plate" covering a trench in a construction zone.
Redhill Avenue was undergoing a major resurfacing on or about the date of the incident
and Ali-American Asphalt was the contractor for the project. This claim has been
forwarded to Ali-American Asphalt for their review and handling. Since Ali-American
Asphalt effectively had control of Redhill Avenue at the time of this incident, any
condition created by their construction work would be their responsibility.
ATTACHMENTS:
Claim
CITY OF TUSTIN
CLAIM AGAINST THE CITY OF TL,,¢TIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within six
months after the incident or event occurred. Be sure your claim is against the City of Tustin, not another
public entity. Where space is insufficient, 'please use additional paper and identify information by
paragraph number. Completed claims must be mailed or delivered to the City Clerk, City of Tustin, 300
Centennial Way, Tustin, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Mayor and City Council, City of Tustin, California:
The undersigned respectfully submits the following claim and information relative to damage to person
and/Or property:
.
So
Name of Claimant: '
Address of Claimant:
Ci~/ZipCode:
Telephone Number:
Date of Bi,h:
Social Securi~ Number:
Driver License Number:
o
Name, telephone, and post office address to which claimant desires notices [o be sent (if other than
above):
o
This claim is submitted against:
a. v,/ The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
C.
The City of Tustin and the following employee(s) of the City of Tustin only:
.
, ,
Occurrence or event from which the claim arises:
a. Date: ~A-fi..__o~/5'] '2-o-e~
b. Time: 1~' :~z~ A-w'f
c. Place (Exact and Specific Location): gebHff LL ¢, 6'DINet::~, ~ ~ y4gZL¢ -¢-¢~
d. How and under what circumstances did damage or injury occur? Specify the particular
occurrence, event; act or omission you claim caused the injury or damage (use additional
paper if necessar'
o.
e,
What particular action by the City, or its employees, caused the alleged damage or injury?
.
o
Give a description of the injury, property damage or loss so far known at the time of this claim.
there were no injuries, state "no injuries".
Give the name(s) of the City employee(s) causing the damage or injury:
If
.
Name and address of any other person injured'
o
Name and address of the owner of any damaged property: ~~- A:s ttC,ot/~-
.
10.
Damages Claimed: '. ~
a. Amount claimed as of this date: ¢ ~'g °i'. fo I R" .~ ~¢. ~ 2_ ~- ¢'7'g'7. R-~ '7-07-A'-~
b. Estimated amount of future costs: ~.~u~- /~TI c.( t¢~ ~'l-h'-r.~ --r-/~4.¢-
c. Total amount claimed' '¢'72'7. ¢'~
d. Attach basis for computation of amounts claimed (include copies of all bills, invoices,
estimates, etc.)
·
Names and addresses of all witnesses, hospitals, doctors, etc.
WARNING'
IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM
(Penal Code Section 72; Insurance Code Section 556.0) .
Executed this
I have read the matters and statements made in the above claim and ! know the same to be true of my
own knowledge, except as to those matters stated to be upon information or belief and as to.such matters I
believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct.
Claimant's Signature:_ ~~
~3o ,20 Oo .
Date filed this ~t) day of /q~¢.-~ , 20 _~O .
2:CLAIM (1/00)
Wednesday March 15, 2000, I was travelling southbound on Redhill, approximately 30 yards before the
railroad track near the intersection of Redhill and Edinger, I drove over a fairly large "patch" on the
rightmost lane that causotsome damages to my vehicle.
Due to ongoing road re. pair on Redhill, apparently a large rectangular metal plate was used to cover some of
the open trenches on the road. However, there wasn't any tapering on the leading edge of the metal cover so
the cover was literally straight up about 4-5 inches above the ground. My right wheels hit the barrier quite
violently and the immediate damages that I can tell was that there was severe "clunking" underneath the car
and that the radio's sound output was gone. I've found that by firmly tapping on the dash directly above the
indash stereo unit would temporary restore sound output but that would last only a very short time period
until I hit any small imperfections on the road. Not conducive, to safe driving practices...
I initially contacted Caltran. I was told by the receptionist that surface streetswas not Caltran's area of
jurisdiction but that Caltran have heard numerous complaints of the exact location of the problem that
morning. I was referred to Tustin Public Work.
I Contacted Tustin Public Work and spoke with CeeCee Garcia and reported the problem. CeeCee was to
dispatch an inspector to the site to repair the problem area. CeeCee also referred me to Tustin City Clerk.
An additional note: the following day I went back to the site with a camera to document the problem but it
was already repaired. There was some material added on the leading edge to "taper" it properly. So I do not
have ~tny picture of the area before the repair.
I Contacted City Clerk and spoke with Lee Mahoney to obtain claim forms to submit repair estimates.
I'm submitting two separate damage repair estimates, one for the exhaust system and the other for the stereo.
Some further clarifications for the two repair estimates:
Estimate 1 - from Maxed Performance in Huntington Beach for the exhaust system:
replace the damaged front muffler and the broken exhaust hangers2 Also to perform a front end alignment.
Total of exhaust repair estimate is $389.61.
Estimate 2 - from A1 & Ed's Autosound in Orange for the stereo unit:
replace the indash stereo unit. However, due to the unique and rather non-standard cornponents that VW
used in its automobiles, it's necessary to use an adapting harness to replace the VW's unit with a standard
indash stereo head unit (since an exact replacement from VW is no longer available). The additional harness
is $30. The total for the stereo repair is $338.32.
Total of the 2 estimates is $727.93. I would appreciate a prompt response so that I can repair the damages as
soon as possible to both avoid additional damages to the exhaust system (,ar~ut down unwanted noise) and
to stop having to drive with one hand and repeatedly slap the dash with the other hand while driving. It's
rather disconcerting and most definitely unsafe.
Thank you for your considerations,