HomeMy WebLinkAbout17 CLAIM MCKINLEY 11-15-99 LAW OFFICES OF
WOODRUFF~ SPRADLIN & ~
A PROFESSIONAL CORPORATION
AGENDA
..,RT
NO. 17
11-15-99
DIRECT DIAL: (714) 564-2607
DIRECT FAX: (714) 565-2507
E-MAIL: LEJ@WSS-LAW.COM
MEMORANDUM
TO:
FROM:
DATE'
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
November 9, 1999
Claim of Michael McKinley; Claim No. 98-37 -
RECOMMENDATION
After investigation and review, it is recommended that the City Council deny the
claim and send notice thereof to the Claimant and to the Claimant's attorneys.
DISCUSSION
Claimant alleges that he slipped in water/algae covering a sidewalk in front of
1051 Bryan. He does not claim any damages but says that his entire body is "sore."
The City of Tustin does not own, maintain or control the landscaped strip between the
sidewalk and the parking lot of the Tustin Care Center where there are sprinklers
located. In fact, this landscaped strip is owned and maintained by the Tustin Care
Center. The City has tendered this claim to the Tustin Care Center and to their
insurance company. There is no evidence of City liability for this condition of the
sidewalk. Accordingly, we recommend denial of the claim.
LOIS E. JEFFRb'-"Y ~ 5/ 0
Enclosure
cc: William A. Huston, City Manager
112736\1
Office of the City Clerk
ixlovemser ~u, J.~
City of Tustin
300 Centennial Way
Tustin, CA 92780
~ (714) 573-3026
/.~ ~ ~¢ FAx (714) 832-0825
$~ ~ '
1998
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re:
Transmittal of Document(s)
Claimant: Mike McKinley
Claim No.: 98-37
Filed With City: 11-9-98
X
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date: ~.~.-9-98
Time: 1~:45 a.m.
By:
Personal Service upon the undersigned
Regular Mail
Certified/Registered Mail
]:nterdepartment Delivery
The enclosed Claim (or Application to File Late Claim) was presented to this office
as indicated above and has been referred to the appropriate City department for its
investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Lois E.
.]effrey, City Attorney. By this letter, you are authorized to commence the
necessary investigation of this claim on behalf of the City.
We request that you give such notices as may be appropriate to the City's
insurance carrier(s) and further request that you submit your preliminary and all
subsequent reports to the City, with a copy to the City Attorney and to the
insurance carrier(s) if they so request. Upon receipt of advice from the City
Attorney, we will plan to present this matter to the City Council and/or take such
other steps as are directed by the City Attorney.
Other:
A copy of this letter and enclosures were sent on :[ 1-10-98 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
S,,}qcerely, ,~/ ,.,
/~~ai-erie Crabill L)
Chief Deputy City Clerk
Enclosures
CITY OF TUSTIN
CLA,,¢~ .jAINST THE CITY OF T .'IN
(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 (6) 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 idehtify
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'
I .
.
a. Name of Claimant: /~~
b. Address of Claimant'
c. City~ip Code: '~~
d. Telephone Number:
e. Date of Birth:
f. Social Security Number'
g. Driver License Number:
Name, telephone~nd post office address to which claimant desires notices to be sent (if other
than'above): ~ ~. ,~~ [~~'~o~~ ~ff.~~/
.
This claim is submitted against:
a. ,,"- 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: II-~_'ctr~
b. Time'
c. Place (Exact and Specific Location)'_
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~
e.
s, c~used~ the alle, ged~damage or injury
What p~rticular action, by the City., or its employee
Se
Give a description of the injury, property damage or loss so far known at the time of this claim.
If ther~were no ijpiuries_, state "no injuries".
.
Give the name(s) ~/t~ City employee(s) causing the damage or injury:
.
Name and address of any other person injured'
.
Name and address of the owner of any damaged property:
.
Damages Claimed'
a. Amount claimed as of this date'
b. Estimated amount of future costs:
c. Total amount claimed' o~/~ ~___./ate¢
d. Attach basis for computation of amounts claimed (include copies of all bills, invoices,
estimates, etc.)
10.
add,ress~_.s, of all vv~i~t~sses, hosc,tals, doctors, etc
WARNING'
IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I 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 certi' ~under penalty of perjury that the foregoing is true
and correct. ~_/~~/(. ,/~L~..L~
Claimant's Signature: -
Executed this ~"~ dayo, dgff. ,19~?
Date Filed:
2:C:LAIM (7/96)