HomeMy WebLinkAbout13 CLAIM CURTIS 98-27 09-21-98 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMA!
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
NO. 13
9-21-98
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: 'City Attorney
DATE:
RE:
September 16, 1998
Claim of Rhonda Thorstad-Curtis; Claim 98-27
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'
Claimant alleges $225.52 in damages to her windshield from a dirt hauler that pulled
out in front of her vehicle at Jamboree and Edinger. On the date of the incident, these
streets were under the control of the County of Orange and its contractors as part of the
Edinger/Jamboree interchange project. In addition, liability for damage to the windshield
would appear to rest with the owner/operator of the vehicle that dropped the debris on the
road. As the City did not control the roadway at the time of the accident and does not own
the vehicle that dropped the debris, the City has no liability for this claim.
JEFFI{~Y~J f ~
Enclosure
cc: William A. Huston, City Manager
1102-9827
68342_1
Rhonda Thorstad-Curtis
12 Pienza
Irvine, California 92606
Telephone 714-857-9571
Facsimile 714-857-9551
June 30,1998
City of Tustin
Civic Center
300 Centennial Way
Tustin, California
Reference is made to · 1998 Ford Explorer Sport
Dear Sir or Madam:
The purpose of this letter is to inform you of an incident 'that took place the morning of
June 23, 1998. I was traveling to an appointment with Dr. Sheen at St. Joseph's Hospital from my
residence in Irvine. I was northbound on Jamboree when a dirt-hauler pulled out in front of my
vehicle, spilling rocks, one of which directly hit my windshield chipping and cracking it in the
process. I did not attempt to pull over the sizable vehicle, due to Jamboree's current construction,
not to mention, I am 9 months pregnant. However, I was able to identify a license number of the
city vehicle: 1VR9891.
I am seeking reimbursement for the repair of the windshield for my vehicle. Please advise
me as how to proceed with evidence of damage or the necessary estimates required for such repair.
I look forward to your response, please contact me at the address and number listed above.
Thank you for your cooperation in this matter.
Sincerely,
Rhonda Thorstad-Cu~tis ~
City of Tustin
CLA AGAINST THE CITY OF TUST!
(For Damac to Persons or Personal 'Dperty)
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 FORM, PLEASE TYPE OR USE BLACK INK
.TO THE HONORABLE MAYOR AND CITY COUNCIL, ci%y of Tustin, California:
The undersigned respectfully submits the following claim and information
relative to damage to person and/or property:
1. a. NAME OF CLAIMANT:
b. ADDRESS OF CLAIMANT:
c. CITY/ZIP CODE:
d. TELEPHONE NO:
e. DATE OF BIRTH:
f. SOCIAL SE~ITY NO:
g. DRIERS 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. w-' The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
Ce
The City of Tustin and the following employee(s) of the City
of Tustin only:
4. Occurrence or event from which the claim arises:
a. DATE: ~a ~. ,~ga
b. TIME: ' ' ~PP~oIIg*'~6u~ 9 :~O ~D
c. PLACE (Exact and specific location): _]~mmoz~z.
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 necessary):
eo WHAT particular %ion by the City, or its. '-mployees, caused the
alleged damage or njury?
/
5. 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".
6. Give the name(s) of the City employee(s) causing the damage or injury:
7. Name and address of any other person injured: N/A
8. Name and address of the owner or any damaged property:
9. Damages claimed:
'a. Amount claimed as of the date: ~~.
b. Estimated amount of future costs:
c. Total amount claimed:.
d. Attach basis for computation of amounts claimed (include copies of
all bills, invoices; estimates, etc.
10. Names and addresses of all {~itnesses, 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 or perjury that 'the foregoing is TRUE AND
CORRECT.
Executed this ~ day of..
,19 9~ , at Tustin, California.
DATE FILED: ~u~ $,
·
CLAIMANT' S SIGNATURE
Bi: CLFORM
Revised 8/96
07/07/9~
16:42 "J~'909 605
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REQUEST / QUOTE-FORM
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INSURANCE INFORMATION:
Customer #:
Company: _~_
A&ent: _
Policy#:_
Co'Full
D.O.L.:
Bill to Cust.#:
Company Phone Number.
AgerR Phone Number:.
Claim / Code #:
_ Verified By:
· Location o~ Loss:
Deductible _
HAT #: --
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VEI41CLE INFORMATION:
Body S~e:
PA~'T NUMSER:
.
Se
O,:/e ~/4 Door / Sedan / Hatchback / Sra. W~
V,I,N.: ....
S~qLrvICE INFORMAnt:
Service Date: _
Otc-/e one:.
NOTES:
lvlobile / Shop / Pick-up / Delive'
Job Schedule Time: