HomeMy WebLinkAbout09 CLAIM LOUISE HALL 04-19-99 LAW OFFICES OF
V¢OODRUFF~ SPRADLIN
A PROFESSIONAL CORPORATION
.ART
NO. 9
9-99
MEMORANDUM
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
April 13, 1999
Claim of Louise Hall; Claim No. 98-38
RECOMMENDATION'
After investigation and review by this office and by the City's Claims
Administrators, it is recommended that the City Council deny the claim and direct the
City Clerk to send notice thereof to the claimant and the claimant's attorneys.
DISCUSSION'
The claimant slipped and fell on a wet sidewalk on Tustin Ranch Road near
Bryan Avenue. The claimant alleges she suffered a broken wrist, broken arm and had
to have surgery. The exact amount of damages has not been specified. City
investigation has indicated that the wet sidewalk was related to a water valve located on
a landscaped grass strip on the property owner's side of the sidewalk. Nearby
businesses include McDonald's and K-Mart. This landscape strip is not owned and
maintained by the City. This situation was caused by the property owner or the property
owner's landscape maintenance company. The property owners potentially liable for
this claim include the Irvine Company, Frisbee Management, and C&B Commercial
Real Estate Brokerage Services. Under State law, the private property owner is liable
for damage occurring to a public sidewalk from their activities. The City had not been
previously made aware of the wet sidewalk condition. Under ali of these circumstances,
there is no basis for City liability. The companies named above have been made aware
of their potential involvement in resolving this claim.
LOIS E. JEFFREY (~ p ~/ ~
Enclosure
cc: William A. Huston, City Manager
103310\1
Office of the City Clerk
i~ovemuer ze, l~o
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re: Transmittal of Document(s)
Claimant: Louise Hall
Claim No.: 98-38
Filed With City: 11-!8-98
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3026
FAX (714) '832-0825
NOV £ 3 1998
X
Receipt of Claim/Summons and Complaint by the City Clerk's Office on'
Date: 11-Z8-98
Time: 8:45 a.m.
By:
Personal Service upon the undersigned
Regular Hail
Certified/Registered Hail
]: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.
Jeffrey, 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 11_-18-98 to the City. Attorney and
Department Head, and the original was forwarded to the Finance Department.
,_~~ ,~ncerely, ~
Chief Deputy City Clerk
Endosures
CITY OF TUSTIN
CIA AGAINST THE CITY OF ,TIN
(For Damages to Persons or Persona 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 identify
information by paragraph number· Completed claims must be mailed or delivered to the City Clerk,
City of Tustin, 300 Cehtennial Way, Tustin, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Ma'/or and City Council, City of Tustin, California:
The undersigned-respectfully submits: the 'following claim end information 'r~ative to. damage to
person and/or property'
·
a,
Name of Claimant: ~ou±se H~ll
Address of Claimant:
City/Zip Code' [
Telephone Number: (
Date of Birth:
Social Security Number:.
Driver License Number: california Identification Number -
.
Name, telephone, and post office address to which claimant desires notices to be sent (if other
than'above)' N~ ~ll. w._~q. / .q~fford & ~all. 1851 E. First Street, suite 1010r
Santa Ana, CA 92705 (714) 835-0132
.
This claim is submitted against:
a. x The City of Tustin only.
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'
Ce
4,
Occurrence or event from which the claim arises:
a. Date' 3.0-:27-98'
b. Time: lr>nr-owlma'l-o_lv 2:00 o.m.
c. Place (E~ct and Specific L6cation): Sidewalk on Tustin Ranch Road near Bryan Avenue
d. How and under what circumstances did damage or injury occur? Specify the particula;
occurrence, event, act or omission you claim caused the injury or damage (use additi,o, nal
paper if necessary 'p and fall on water and de'
d~_ to a broken l~-rlqation valve adjacent to th
- '-ream4nc ~or~c_~ sidewalk
.walk.
e. What particular action by the City, or its employees, caused the alleged damage Or injury?
~tv allowed a danqerous condition to exist on their property.
,
Give a description of the injury, property damage or loss so far known at the time of this claim.
If there were no injuries, state "no injuries".
Broken wrist. Broken arm. Surgery.
.
Give the name(s) of the 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:
.
10.
Damages Claimed'
a. Amount claimed as ofthis date' Medical expenses continuing.
b. Estimatedamountoffuturecosts: T~~ ~ ~h~.~
c. Total amount claimed: -
d. Attach basis for computation of amounts claimed (include copies of ali bills, invoices,
estimates, etc.)
Names and addresses of all witnesses, hospitals, doctors, etc.
Hoag Hospital.
WARNING:
IT iS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM
(Penal Code Section 72; Insurance Code Section 556.0)
! have read the matters and statements made fn 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:
Executed this _ %]r.h day of ~ovember
, 1998 ·
Date Filed' November 16, 1998
2:CLAIM {7/96)