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Home My WebLink About22 CLAIM S. VANAUKEN 12-07-98 LAW OFFICES OF WOODRUFF, SPRADLIN & SMA_ A PROFESSIONAL CORPORATION AGENDA MEMORANDUM NO. 22 12-7-98 TO: Honorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: RE: December 3, 1998 Claim of Sandra Vanauken; Claim No. 98-35 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 seeks approximately $500,000 for property damage and personal injuries. The claimant was involved in an accident at Irvine Boulevard and an off ramp off the 55 freeway. The claimant states that the adverse driver's vehicle ran the red light while claimant was making a left turn onto Irvine Boulevard; the adverse driver rear ended the claimant's vehicle. Based on our investigation of the facts, we do not see any liability on the part of the City. Accordingly, we recommend denial of this claim. Enclosure cc: William A. Huston, City Manager 1102-9835 72178_1 Office of the City Clerk November 9, 1998 Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re' Transmittal of Document(s) Claimant: Claim No.: Filed With City: Sandra Sue Vanauken 98-35 11-5-98 City of Tustin 300 Centennial W/ay Tustin, CA 92680 (714) 573-3026 ~ ~ ~ ~, ~ FAX (714)832-0825 NOV ] O 1998:~ '~ ~ ~iOObNOrr, Receipt Of Claim/SummOns and Complaint by tl~e City Clerk's Office on: Date: 11-5-98 Time: 8:45 a.m. By: Personal Service upon the undersigned Regular Hail Certified/Registered Hail 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. .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 11-9-98. to the City Attorney and Department Head, and the original was forwarded to the Finance Department. S~cerely, /! ~, L/Va[erie Crabili(-.''~ ~'~' Chief Deputy City Clerk Endosures CiTY OF TUSTIN CL, t AGAINST THE CITY O JSTIN. (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 withi~n 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: b. Address of Claimant: c. City/Zip Code: Sandra Sue Vanauken Name, telephone, and post office address to which claimant desires notices to be sent (if other than' above)' LAW OFFICES OF WAYNE P. PENN, 711 WEST VALLEY BLVD. #300 _ ALHAMBRA, CA 91803 626-289-5157 . 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) of the City of Tustin only' C. . Occurrence or event from which the claim arises' a. Date' 5/19/98 b. Time: - 11:00 a.m. c. Place (Exact and Specific Location)' 55 FWY/Irvine Blvd. Tustin 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 additional e. paper if necessary '~_aimant was rear ended at t' tersectj, on off ramp_ at 4th - and I.rvin~_.O5 FWY. City of Tt]~tfin. Ad, == drfiver's veb_~c]e r~n the r~4 light while claimant was makinq an left t,~rn on to Irvine Blvd. Adverse driver -rear ended claimant's vehicle. What particular action by the City, or its employees, caused the alleged damage or injury? The City of Tustin did carelessly, neqliqenlty and recklessly own. operate, lease, entrust, maintain a certain intersection traffic siqnals in such a manner so as to directly, and proximately, ca~s~, and,/~r c.~ntr4b,3te the injuries of c!aLm, ant_ - ., 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". The claimant sustained back and neck pain and cut lip, , Give the name(s) of the City employee(s) causing the damage or injury: Unknown at this time. , Name and address of any other person injured' . Nameandaddressoftheownerofanydamagedproperty' Sandra Sue Vanauken c/o Law Offices of Wayne P. Penn, 711 West Valley Blvd. 3300, ALhambra, CA 91803 o 10. Damages Claimed' a. b. C. d. Amount claimed as of this date: $2,105.99 property damage, medical to date: Estimated amount of future COSTS'$100' 000.00 $6,000.00 Total amount claimed' $500,000.00 estimate -- Attach basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.) Names and addresses of all witnesses, hospitals, doctors, etc. Adverse driver, Tustin police officer Killehua 625 ' ' ' 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 a. co r c . Claimant's Signature' " ' -- Executed this 4 th day of November ,1998 . Date Filed' 2:CLAIM (7196)