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HomeMy WebLinkAbout16 CLAIM CRYSTAL 07-07-98 LAW OFFICES OF WOODRUFF~ SPRADLIN & SMAR ~ A PROFESSIONAL CORPORATION AGENDA TO: MEMORANDUM Honorable Mayor and Members of the City Council City of Tustin FROM: "City Attorney DATE: June 30, 1998 RE: Claim of Fred, Kathy & Angela Crystal; Claim No. 98-23 NO. 16 7-7-98 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 to the claimant's attorneys. DISCUSSION: The claimants allege various soft tissue injuries stemming from a multi vehicle accident at the intersection of Dodge Avenue and Newport Boulevard. The total amount claimed is. $56,700.07. This incident occurred at an intersection owned and controlled by another City. The City of Tustin has no jurisdiction or control over the intersection of Newport and Dodge where the accident allegedly occurred. LOIS E. JEFFREY(.2' /,/~/ b Enclosure cc: William A. Huston, City Manager 1102-9823 64911_1 3une 9, 1998 Office of the City Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 JUN 1 1 19~J~ C ity of Tustin 300 Centennial Way Tustin, CA 92680 (714) 573-3026 FAX (714) 832-0825 Re: Transmittal of Document(s) Claimant: Claim No.' Filed With City: Fred, Kathy, Angela Crystal 98-23 6-8-98 X Receipt of Claim/Summons and Complaint by the City Clerk's Office on: Date: 6-8-98 Time: 11'25 a.m. By: 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. ]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. Other: A copy of this letter and enclosures were sent on 6-9-98 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. [~cerely, , ' Beverley Whi~e DEndeoPsuU~ City Cl~k ,," ' LAW OFFICES OF John Quincy Adams and Associates'~' :.. . ----~. . '-'.¥i..,' :' . .... John Q. Adams, Esq. David W. Osborne, Esq. 1421 No. Wanda, Suite 180 Orange, California 92867 (714) 639-8233 FAX (714) 639-3165 June 3, 1998 Palm Desert Office San Diego Office (888) 994-9996 Toll Free email: mrjqa@aol.com City Clerk, City of Tustin 300 Centennial Way Tustin, CA 92680 RE: OUR'CLIENTS: FRED, KATHY AND ANGELA CRYSTAL Dear Sir/Madam: Please find enclosed our completed City of Tustin Claim Form for Damages to Persons or Personal Property for Fred, Kathy and Angela Crystal, along with an extra copy. Would you please conform the extra copy, and return it to our office in the enclosed return'envelope. Thank you for your assistance in that regard. Should you have any questions regarding the above, please contact the undersigned immediately. ~truly yours, .. / LAW ©FFICES OF 3OHN Q. ADAMS / DAVID . Enclosures DWO:kc City of Tustin f 'M AGAINST THE CITY OF ~N (For Da~ ~s to Persons or Persc ~ Property) 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 92680 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: · -~ 1. a. NA_M]E OF CLAIMANT: Fred, Kathy and Angela'Crystal . b. ADDRESS OF CLAIMANT: d. TELEPHONE NO: ~ f. SOCIAL SECURITY NO: 2. Name, telephone and post office address to whiCh claimant desires notices to be sent (if other than above) ~ John Q. Adams, Esq., Law Offices of John Q. Adams, 1421 N. Wanda, Suite 180, Oranger CA 92867, (714) 639-823'3 3. This claim is submitted against: a. XX 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: occu=e c. a DATE- December 8, c. PLACE (Exact and specific location) :Intersection of Newport Boulevard and Dodge Avenue in the City of Tustin, California. d. HOW and under what circumstances did damage or injury occur? Specify ~te particular occurrence, event, act or omission you claim caused t~.e injury or damage (Use additional paper if necessary): See attached. e. WHAT particular ~ction by the city, or it~ employees, caused the alleged damage ~ ~jqry? The City of Tust~ nag actual and/or con~ jctive notice of the ~dangerous condition at"the intersection o~ Newport Boulevard and Dodge Avenue a sufficient time prior to December 8, 1997, to have -taken mesaures to protect against the dangerous condition. 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". See attached. 6. Give the name(s) of the City employee(s) causing the 'damage or injury' N/A. 7. Name and address of. any other person injured: Jessica H. Zumberqe, Jr.r David A. Browne, 8. Name and address of the owner or any ~damaged property:Fred Crystal, ' ' Christopher D. Zumberqe, 9. Damages claimed: ,, a. Amount claimed as of the date' See attached. 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 witnesses, hospitals, doctors, etc. W~_RNING: 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 ! ~o~ 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 t_~ue. I certify under penalty or perjury that the foregoing, is TRUE kND CORRECT. Executed this 3rd day of June ,19 98 , at Tustin, California. DATE FILED- CSAIMANT Joh or Fred, Kathy an ' CLFORM Revised 4/29/91 Occurrence or event from which the claim arises: 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: The signage, traffic lights and design of the intersection at Newport Boulevard and Dodge Avenue in the City of Tustin made it a dangerous condition of public property as of December 8, 1997. Claimants' injuries were'proximately caused by the dangerous condition of the property when a multi-vehicle accident occurred at the intersection. The condition'of the property created a reasonably foreseeable risk of the kind of injuries that were sustained by the Claimants. 5. Give a description of the injury, property damage or loss so far known at the time of this claim. Fred Crystal -- Sustained soft tissue injuries to his neck and back; cervical sprain/strain; injury to wrist ~and shoulder. Kathy Crystal -- Sustained serious injuries to her neck and back; cervical spine injuries; hand/finger dislocation; has been wearing a halo brace since the accident. Angela Crystal -- Sustained soft tissue injuries to her neck and back; neck sprain; lumbar sprain; injury to left knee. 9. Damages claimed: a. Amount claimed as of this date: Fred Crystal, $2,017.21 (Medical Specials); Kathy Crystal, $50,059.21 (Medical Specials); Angela Crystal, $4,623.65 (Medical Specials). b. Estimated amount of future costs: Unknown as to Kathy Crystal; Fred and Angela Crystal have completed their medical treatment. C e de Total amount claimed: $56,700.07 Attach basis for computation of amounts claimed 10. Names and addresses of all witnesses, hospitals, doctors, etc.: Witnesses: 1. Jessica H. Zumberge, 2. David A. Browne, Jr., Hospitals and Doctors: 1. Santa Ana Tustin Rad. Med. Group, 1450 ~N. Tustin Avenue #132, Santa Aha, CA 92705-8631, (714) 835-8698. 2. Western Pathology Med. Assoc. Inc., 1450 N. Tustin Avenue #132, Santa Aha, CA 92705-8631, (714) 835-8698. 3. Western Medical Center - Santa Aha, P.O. Box C-11912, Santa Aha, CA 92711, (714) 564-7200. 4. Mark W. Brown, M.D., Inc., 999 N. Tustin Avenue, Suite 201, Santa Aha, CA 92705, (714) 972-3110. 5. Western Trauma Physicians, Trauma Services, P.O. Box 25033, Santa Ana, CA 92799-5033, (714) 476-2459. 6. Medix Ambulance Service, P.O. Box 1000, Lake Forest, CA 92630, (714) 470-8921. 7. Ando & Aston Physical Therapy Inc., 140 Chaparral Ct. 220F Anaheim Hills, CA 92808-2239, (800) 747-1299. 8. JJ&R Emergency Medical Group of California, Inc., P.O. Box 5100, Corona, CA 91718-5100, (800) 845-8843. 9. Matthew K. Wong, Aquatic Rehab. Sport Med., 2854 N. Santiago Blvd. 103, Orange, CA 92867. City of Tustin ~ AGAINST TEE CITY OF. (For D~ as to Persons or Perso lin Property) 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 92680 W]tEN 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: · .. 1. a. N~_~E OF CLAIMANT-Fred, Kathy and Angela' Crystal. b. ADDRESS OF CLAIMANT-1268 ' d. TELEPHONE NO- .C f. SOCIAL SECURITY NO' 2o Name, telephone and post office address to which claimant desires notices to be sent (if other than above): John Q. Adams, Esq., Law Offices of John Q. Adams, 1421 N. Wanda, Suite 180t Oranqe~ CA 92867, (71'4) 639-8'233 3. This claim is submitted against: a. XX 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. 4. Occurrence· . December or event,f8 ~~hich the claim arises: a. D~TE. b. Ti.~E- App~in',ately 7-00 p.m. c. PLACE (Exact and specific location)-Intersection of Newport Boulevard and Dodge Avenue in the City of Tustin, California. d. HOW and under what circumstances did damage or injury occur? Specify rite particular occurrence, event, act or omission you claim caused r_b.e, injury or damage (Use additional paper if necessary)- See attached. e. WHAT particular ~tion by the City, or it~ employees, caused the alleged damage · %j~!-y? The City of Tust~ naa actual and/or cona ~ctive notice of the dangerous condition at the 'intersection o~ Newport Boulevard and Dodge Avenue a sufficient time prior to December 8, 1997, to have taken mesaures to protect against the dangerous condition. 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". See attached. 6. Give the name(s) of the City employee(s) causing the damage or injury' N/A. 7. Name and address of any other person injured'jeSsica H. Zumberge, 11652 Newport Blvd., Santa Ana, CA 92705; David A. Browne, Jr.r 1824 N. Schaf£fer St., Orange, CA 92869. 8. Name and address of the owner or any damaged property:Fred Crys-tal, 1268 N. Kennymead St. ' Orange, CA 92869;' Christopher D. Zumberqe, 11652 Newport Blvd., Santa Ana, CA 92705. 9. Damages claimed: .. a. Amount claimed as of the date' See attached. 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. !0. Names and addresses of all witnesses, hospitals, doctors, etc. W~_RNING: IT IS A CRIMINAL OFFENSE TO FI~ A FALSE C~AIM!! (Penal Code Section 72; Insurance Cod~ Section 556.0) I have read the matters and statements made in the above claim and I 5~ow 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 t~-ue. I certify under penalty or perjuI-y that the foregoing is TRUE ~ND CORRECT. Executed this 3rd day of June 19 98 at Tustin California DATE FILED' John Q. Ad. ams,° Esq. Attorney for Fred, Kathy and Angel~ Crystal B 1 ' CLFORM Revised 4/29/91 4. Occurrence or event from which the claim arises: 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: The signage, traffic lights and design of the intersection at Newport Boulevard and Dodge Avenue in the City of Tustin made it a dangerous condition of public property as of December 8, 1997. Claimants' injuries were proximately caused by the dangerous condition of the property when a multi-vehicle accident occurred at the intersection. The condition'of the property created a reasonably foreseeable risk of the kind of injuries that were sustained by the Claimants. 5. Give a description of the injury, property damage or loss so far known at the time of this claim. Fred Crystal -- Sustained soft tissue injuries to his neck and back; cervical sprain/strain; injury to wrist and shoulder. Kathy Crystal -- Sustained serious injuries to her neck and back; cervical spine injuries; hand/finger dislocation; has been wearing a halo brace since the accident. Angela Crystal -- Sustained soft tissue injuries to her neck and back; neck sprain; lumbar sprain; injury to left knee. 9. Damages claimed: a. Amount claimed as of this date: Fred Crystal, $2,017.21 (Medical Specials); Kathy Crystal, $50,059.21 (Medical Specials); Angela Crystal, $4,623.65 (Medical Specials). b.~ Estimated amount of future costs: Unknown as to Kathy Crystal; Fred and Angela Crystal have completed their medical treatment. c. Total amount claimed: $56,700.07 d. Attach basis for computation of amounts claimed 10. Names and addresses of all witnesses, hospitals, doctors, etc.: Witnesses: 1. Jessica H. Zumberge, 2. David A. Browne, Jr., Hospitals and Doctors: 1. Santa Ana Tustin Rad. Med. Group, 1450 N. Tustin Avenue #132, Santa Aha, CA 92705-8631, (714) 835-8698. 2. Western Pathology'Med. Assoc. Inc., 1450 N.. Tustin Avenue #132, Santa Aha, CA 92705-8631, (714) 835-8698. 3. Western Medical Center - Santa Aha, P.O. Box C-11912, Santa Aha, CA 92711, (714) 564-7200. 4. Mark W. Brown, M.D., Inc., 999 N. Tustin Avenue, Suite 201, Santa Aha, CA 92705, (714) 972-3110. 5. Western Trauma Physicians, Trauma Services, P.O. Box 25033, Santa Aha, CA 92799-5033, (714) 476-2459. 6. Medix Ambulance Service, P.O. Box !000, Lake Forest, CA~ 92630, (714) 470-8921. 7. Ando & Aston Physical Therapy Inc., 140 Chaparral Ct. 220F Anaheim Hills, CA 92808-2239, (800) 747-1299. 8. JJ&R Emergency Medical Group of California, Inc., P.O. Box 5100, Corona, CA 91718-5100, (800)'845-8843. 9. Matthew K. Wong, Aquatic Rehab. Sport Med., 2854 N. Santiago Blvd. 103, Orange, CA 92867.