HomeMy WebLinkAbout21 CLAIM C. WILLIAMS 12-07-98 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMAIx
A PROFESSIONAl. CORPORATION
MEMORANDUM
-NO. 21
12-7-98
T.O:,
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
December 3, 1998
RE'
Claim of Christina Williams; Claim No. 98-34
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 direct the City Clerk to send
notice thereof to the claimant and the claimant's attorneys.
DISCUSSION'
The claimant alleges in excess of $117,000 in personal injuries arising out of an
accident at the intersection of Tustin Ranch Road and Irvine Boule.vard. Specifically, the
claimant alleges that the City failed to properly cone, restrict and post signs prohibiting left
turns at the intersection, or in the alternative fail to properly control a defective stop light.
Our preliminary investigation of the facts in this matter does not indicate any liability on the
part of the City. It is recommended that the claim be denied.
.t×/v~'~
JEFFRE~ r--f/' 0
Enclosure
cc: William A. Huston, City Manager
1102-9834
72176_1
Office of the City Clerk
November 2, 1998
Carl Warren & Co.
P. O. Box 25180
Santa Aha, CA 92799-5180
Re'
C
Transmittal of Document(s)
Claimant:
Claim No.:
Filed With City:
Christina Williams
98-34
11-2-98
ity of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
NOV - 4 1998
X
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date: 11-2-98
Time: 8:45 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.
Ot[~er:
A copy of this letter and enclosures were sent on 11-2-98 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
S/~cerely, , /---
,"")~" ,~Valerie Crab,~ ) , '
1"t~' Chief Deputy~ity Clerk
CITY OF TUSTIN
cLAIM AGAINST THE CITY OF TUSTIN
(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 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'
,
a. Name of Claimant: Christina Williams
b.. Address of Claimant:
c. City/Zip 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)' Michael B. Mattingley, CALVO & MATTINGLEY, 1002 North Ross
Street, Santa Ana, CA 92701, (714) 550-0775
.
This claim is submitted against:
a. 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) ofthe City of Tustin only:
The names of the employee(s) are not known to claimant at
this time.
.
Occurrence or event from which the claim arises'
a. Date' 5/29/98
b. Time' 2: 25 p.m. (approximate)
-- - -
c. Place (Exact and Specific Location)' Intersection of Tustin Ranch Road and
d,
Irvine B°ul~-vard
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 necessary:_
E ATTACHMENT 1
e. WhatparticularactionbytheCit¥,oritsemployees, causedtheallegeddamageorinjury?
.
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"..
SEE ATTACHMENT 1
.
.
,
.
10.
Give the name(s) of the City employee(s) causing the damage or injury'
The names of the City of Tustin employee{s)' are not known to
claimant at this time,
Name and address of any other person injured:claimant,
is not aware of any other
Nameandaddressoftheownerofanydamagedproperty: Christina Williams~
Damages Claimed'
a. Amount claimed as of this date: $1~7~9~_75+
b. Estimatedamountoffuturecosts: $ 10:000.00+
c. Total amount claimed: $117,905.75+ (SEE ATTACHMENT 1 )
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.
SEE ATTACHMENT 1
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.
Claimant's Signature: .....
Executed thiS
MICHAEL B. MATTINGLEY, Attorney for Claimant
day of October , 19 98 ·
Date Filed'
2:CLAIM (7/96)
ATTACHMENT 1
TO
CLAIM AGAINST THE CITY OF TUSTIN
(FOR DAM3%GES TO PERSONS OR PERSONAL PROPERTY
(d) This claim arises out of the defective stoplight and/or
failure to properly cone, restrict and post signs
prohibiting left turns at the intersection of Tustin
Ranch Road and Irvine Boulevard.
(e) The City of Tustin and/or its employees failed to
maintain, insPect and control the defective stoplight
and/or failed to properly cone, restrict and post signs
prohibiting left turns at the intersection of Tustin
Ranch Road and Irvine Boulevard.
.
As a result of the accident claimant sustained injuries to her
neck, back, shoulders and head. Additionally, she was
pregnant at the time of the accident and as a result of the
accident she experienced abdominal pain and it is believed
that it caused unnatural movement and position of the baby
within claimant's womb. As of this time claimant's damages
are as follows:
Doctors Ambulance Service
Western Medical Center
Kevin Parker, D.C.
St. Joseph Medical Group
Future Medical Expenses
Loss of Income
Future Loss of Income
General Damages
Total
395.75
200.00+
2,300.00+
10.00
5,000.00+
5,000.00+
5,000.00+
100,000.00
$117,905.75+
10. Witnesses:
Christina Williams, 515 E. Broadmoor Trail, Orange, CA 92869;
William Furniss, 13902 Sanderstead Road, Santa Aha, CA 92705;
Gary White, 13307 Verona, Tustin, CA 92780; and
Kathleen Pennell, 21325 Canterra, Lake Forest, CA 92630.
Healthcare Providers:
Doctors Ambulance Service, 23091 Terra Drive, Laguna Hills, CA
92653;
Western Medical Center, 1001 N. Tustin Avenue, Santa Aha, CA
92701;
St. Joseph Medical Group, P.O. Box 11587, Santa Aha, CA 92711
CLAIMANT-- CHRISTINA WILLIAMS
GOVERNME/Tr CLAIM
-1-
CITY OF TUSTIN
DOL--5/29/98
1 PROOF OF SERVICE
"' 9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA, COUNTY OF OR3~GE
I am employed in the County of Orange, State of California.
I am over the age of 18 years and not a party to the within action.
My business address is 1002 North Ross Street, Santa Ana,
California 92701.
On ~,~A ~ /¢~ 1998 I served the foregoing document
described as: CLAIM AGAINST THE CITY OF TUSTIN (FOR DAMAGES TO
PERSONS OR PERSONAL PROPERTY) on interested parties in this action
by placing a true copy thereof encloSed in a sealed envelope
addressed as follows:
City Clerk
City of tustin
300 Centennial Way
Tustin, CA 92780
BY CERTIFIED MAIL (Z 133 792 522) : I caused such envelope,
with postage thereon, to be placed in the United States mail at
Santa Aha, California.
EXECUTED
_, 1998 at Santa Aha, California.
STATE: I DECLARE UNDER PENALTY OF PERJURY, under the law of
the State of California, that the foregoing is true and correct..
~LiE f. tH~SEN
- 1 -