HomeMy WebLinkAbout07 CLAIM K. SHOFFEITT 06-07-99 LAW OFFICES Of
~VOODRUFF~ SPRADLIN &
A PROFESSIONAL CORPORATION
AGENDA
,ART
MEMORANDUM
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
May 18, 1999
Claim of Kathy Shoffeitt; Claim No. 99-1
NO. 7
6-7-99
DIRECT DIAL: (714) 564-2607
DIRECT FAX: (714) 565-2507
E-MAIL: LEJ@WSS-UAW.COM
RECOMMENDATION'
After investigation and review it is recommended that the City Council deny the
claim and direct the City Clerk to send notice thereof to the claimant and to the
claimant's attorneys.
DISCUSSION:
The claimant alleges that she was driving westbound on Irvine Boulevard, west
of Tustin Ranch Road, when a City eucalyptus tree in the center median dropped a
branch on her vehicle. This incident happened during a heavy windstorm. The City's
tree had been trimmed on a regular maintenance schedule; the tree was healthy and
showed no signs of being unstable. This appears to have been an "act of God" without
any City liability. .
..-~-7.:_.._ ' ...... ]~ .; /
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LOIS E. JEFFREY
Enclosure
cc: William A. Huston, City Manager
104960\1
Office of the City Clerk
January ll~ 1WWW
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re:
X
Transmittal of Document(s)
Claimant: Kathy Shoffeitt
Claim No.: 99-1
Filed With City: 1-7-99
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3026
FAX (714) 832-0825
JAN 1 8 1999
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date: 1-7-99
Time: 9:05 a.m.
By:
X
Personal Service upon the undersigned
Regular Mail
Certified/Registered Mail
Interdepartment 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.
.leffrey, 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 1-12-9~ to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
ncerely,
Valerie Crabiil (
Chief Deputy Ci~
Enclosures
Clerk
CITY OF TUSTIN
CL ,, I AGAINST THE CITY OF i USTIN
(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
~ix (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 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: K
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, and post office address to which claimant desires notices to be sent (if other
than' above): ~~ 0 L,/~.~
.
This claim is submitted against:
a..._'~,Z~ 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: I..~- ~- ~ ~
b. Time: ~'~O ~-. ~%~
c. Place (Exact and Specific Location)- i~l'/U~
·
,
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 necessar0
Se
ee
What particular action by the City, or its employees, caused the alleged damage or injury?
,/.,,, ,,,/
Give a description of the injury, property damage or loss so far known at the time of this claim.
w
Give the name(s) of the City employee(s) causing the damage or injury:
e
Se
10.
Damages Claimed:
a. ' Amount claimed as ofthis date:
b. Estimated amountoffuture costs:
c. T°tal amount claimed:
d.
Name and address of any other person injured: (~_.,~_~),~ ~
Name an~addr, ess °f the ownerof any damaged property.'~~ (~.~ ~
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)
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 of perjury that the foregoing is true
and correct. ~~~.~:~
Date Filed:~
2:CLAIM
0 !/04/98
TO WHOM IT MAY CONCER.N:
I APOLOGIZE FOR THE DELAY IN PROCESSING THIS CLAIM, MY HUSBAND AND I
WERE OUT OF TOWN. ON DECEMBER 9, 1998 I WAS TRAVELING DOWN IRVINE
BLVD. AND HAD GONE THROUGH TUSTIN RANCH ROAD W'HEN AN EUCALYPTUS TREE
BRANCH, THAT HAD BROKEN OFF AT A SHARP ANGLE Hrr MY MIRROR AND
COMPLETELY TOOK IT OFF.
I KNOW THAT YOU MIGHT CONSIDER. THIS AN ACT OF GOD, BUT THERE ARE
MANY OTHER. TREES THAT CAN BE PLANTED ON A MEDIUM THAT HAVE
STURDIER TRUNKS THAN THAT PARTICULAR TREE~ THERE WERE MANY TREES
THAT DID I~OT FALL WlTH THE V¢INDS.
I SUGGEST THAT IN THE FUTURE THE TOP HEAVY TREES BE ANCHORED DOWN
OR NOT PLANTED SO CLOSE TO TRAFFIC.
I HAVE ATTACHED A BILL THAT MY HUSBAND HAD ESTIMATED FOR YOU.
PLEASE CONTACT ME AT 949 583-0300.
·
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