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HomeMy WebLinkAbout08 CLAIM SARA ROJERS 09-20-99 LAW OFFICES OF WOODRUFF~ SPRADLIN & SMART A PROFESSIONAL CORPORATION NO~ 8 9-20-99 AGE DA MEMORANDUM DIRECT DIAL: (714) 564-2607 DIRECT FAX: (714) 565-2507 E-MAIL: LEJ@WSS-LAW.COM TO: FROM' DATE' RE: Honorable Mayor and Members of the City Council City of Tustin . City Attorney September 14, 1999 Claim of Sarah Rogers; Claim No. 99-27 RECOMMENDATION After investigation and review by this office and the City's Claims Administrators, it is recommended that the City Council deny the claim and send notice thereof to the claimant and the claimant's attorneys. DISCUSSION This is a property damage claim for $281.38. Claimant suffered damage to the front tires of her car while driving on Jamboree Road near Edinger. This claim appears to be related to construction in the area that is under the control of Silverado Constructors. There is no liability or responsibility for the City. The claimant has been provided with the telephone number and contact person at'Silverado Constructors. Enclosure cc: William A. Huston, City Manager 110303\1 Office of the City Clerk JUly Z/, 1WWW Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 C ity of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3026 FAX (714) 832-0825 Re: Transmittal of Document(s). Claimant: Sarah N. Rogers Claim No.' 99-27 Filed With City: 7-26-99 X Receipt of Claim/Summons and Complaint by the City Clerk's Office on: Date: 7-26-99 Time' 11:30 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 Attorn.ey. 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 carder(s) if they so request. Upon receipt of advice from the City Attomey,.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 7-27-99 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, Valerie Crabili Chief Deputy City Clerk City of Tustin _AIM AGAINST THE CITY OF TL '.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 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 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 FORMt PLEASE TYPE OR USE BLACK INK ' TO THE HONORABT.R 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: b. ADDRESS OF CLAIMANT: c. CITY/ZIP CODE: -[ d. TELEPHONE NO: ¢ ) e. DATE OF BIRTH: . f. SOCIAL SECURITY NO: g. DRIVERS LICENSE NO: 2. Name, telephone and post office address to' which claimant desires notices to be sent (if other than above):' 3. This claim is submitted against: a. ~ The City of Tustin ohly. b. The following employee(s) of the City of Tustin only: The-City of Tustin and the following employee(s) of the City of Tustin only: 4. Occurrence or event from which the claim arises: b. TIME: ~:~ ~.H. c. P~CE (Exact and specific location): ~ ~C~ -- d. HOW. and under what circ~stances did damage, or inju~ occur? Specify ~e particular occurrence, event, act or omission you claim caused the inju~ or damage (Use additional paper if necessa~): e. WHAT particu.~ action by the City, or '-s employees, caused the alleged damag~ or injury? 5. Give a description of the injury, property damag.e or loss ~so far known at the time of this claim.' If there Were no injuries, state "no injuries". 6. Give the name(s) of the City employee(s) causing the damage or injury: 7. Name and address of any other person injUred: 8. Name and address of the owner or any damaged property: 9. Damages claimed: a. Amount claimed as of the date: ~-~l .~ b.' Estimated amount of future costs: ~/~ c. Total amount claimed: %~1.~ d. Attach basis for computation of amounts claimed (include copies of all bills, invoices; estimates, etc. 10. Names and addresses of all witnesses, hospitals, doctors, etc. ~ WARNING: IT IS A CRIMINAL OFFENSE TO FIT.R 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 certify under penalty or perjury that the foregoing is TRUE AND CORRECT. Executed this [-~ day of ~~? ,19 ~ , at Tustin, California. B 1: CLFORM Revised 8/96 City of Tustin Attachment to the Claim for Damages Form Filed by Sarah Rogers 7/19/99 Attachment to ciaim form: I was driving north through the construction zone on Jamboree Road in the fast lane. In the middle of the fast lane was a concrete pad that was raised up above the asphalt drive lane by several inches. This pad goes out well into the drive lane of that fast lane. When my car ran over the pad, it immediately sounded like I hit a curb at 50 mph and it felt like I was in an accident. My left front center cap to my rim flew off the car and went up and over the center divide into the opposing side of traffic (fortunately there were no cars there at the moment that were hit by this flying object). I quickly put on my turn sisal to move over to the slow lane to assess the damage. I was able to maintain control of my vehicle during this process and luckily this construction did not cause an accident with another vehicle. As soon as I pulled off to the side of Jamboree Road, I heard the air being released from my tire. I called AAA for roadside assistance. (I did not put a claim in for their time because I think it is covered with my membership.) Please keep in mind that this particular lane was closed the day prior to this incident and, in my opinion, should have remained closed since the construction work was incomplete and the road condition of the fast lane was unsafe and unfit for driving. It appeared that the asphalt work was not complete; the level of the concrete pad was much higher than the asphalt. (In more recent days after this incident, it looks like the asphalt has been laid to match the level of the concrete.) I called the City of Irvine to suggest that the fast lane be shut down to avoid further accidents/claims. (I originally thought that this area was in the city of Irvine limits.) The claim in the amount of $281.38 represents the cost to: 1. Replace two front tires, one was blown out immediately upon impact and the other was damaged beyond repair from the incident. The front fires were only seven months old at the time of the incident. 2. Replace the center cap of the rim. 3. Check the wheel alignment on the vehicle (anytime your car hits something that hard, you need to have the alignment done on your vehicle). Assuming the claim amount is reimbursed to me, I will not put a claim in for my time to make ihese repairs. I had to take a half a day off work to take care of these repairs the following morning. Otherwise, this claim amount would be significantly higher. Please call me with any questions. Thank you. Sarah N. Rogers '.SERVICE ROGERS: :'=':": '" ~ TIMEDATE'"':' REQUESTEDREQUESTED' '07:.. >:-. /02 /99.. : -.' ]..",..'- .... - ?'.{-~ .."7:. '=~.::, > .:., :.-i. ;?:- E:I-CENSE RETURN'-PARTS-~';: NO SALESMAN.. ~'.-.' -.'OZ+9 / 049. .-:~ .., .:..~..,........ NUMBE · .-- c.,:~": ~ . _-;.-:i:--"-:-' - ' ' :' ".." - ' ' ' ":'-~::'.':~}:= ' '-~'~'7':' - - "'~ _.:- ' .... . , · _ . . . ~. .~ . ACcouNT! C"OB TC'?CUST! TYPE/STATE ..PAYMENT ~ETHoD 758500001' 8, O1 -13B7~ 0 '- CA -CHECK'. -'?: ~'?'"' ' ~ . . _. -.- ~..- ...: -. . SLSM TECH 0~9 0~9 ..- PRODUCT CODE BC OTY 156-~3B-0~%0 R ~ OTY. 8 ND. ~6VDMAHRlI9 040-D4 R 8 _ . DESCRIPTION Pl?5t60R!5 BTH SI EAGLE HP DSLRPTL TIRE DISPOSAL CHARGE 0ql-863 0~4-263 R 8 NEW VALVE STEH R 8 ' ~HEEL BALANCE - COHPL~ER SPIN _ : IN FRONT K-~RT:)-' !j'i.~ B. /-'::'-'" ;~:',:'~:~::::.:/~ :.':,%-~.~" ¥5%/ ._: ~'... '.....;.~ , , ,.: . '..:r: :~,~.- - ': . '. ,'.'.~-,,.-.~-'- ...... ' -',:~ :,:.. '::.'=.:::. ~-( tN BACK' OF.' BUILDINB ).;~ ,~,:~:: :. _ .. ~,-, ,:x:::::;: ~:.,~e~ '_. iSE/LINE. TOTAL _ . . r:.,;,. ~-:.a ..:.... . . - ' ?". :: is .Oo .6o : i-,'°o .oo 8.50 ,00 5,00 B.50 5.00 15,00 . ' .,~.57,,u 073-I6~. R 1 4 WHEEL ALIBNffENT W/~ wHEEL SPECS. .00: '~"'o~ .. COMPUTERIZED 4 ~HEEL ALIBNMENT. CHECK SUSPENSION, TIRES, AIR PRESSURE & STEERING cOmPONENTS: CORRECT' ALIGNMENT ANGLES. (VEHICLES NOT EOUIPPED WITH ADJUSTABLE CAMBER/CASTER FRO~ ffANUFACTURE('ADDITIONAL,'.- CHARB~ MAY APPLY) INCLUDES PRINTDUTS.'WARRANTY: 6 HDNTHS OR'6~O00 ~ILES.ON ~DRK~ANSHIi "":': &" AUTO." C~TER"?"'W I SHES ..TO !:THANK;EV~YONEYFDR:~§UR~!BUSINESE ~0 J.