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Home My WebLink About18 LATE CLAIM BRIANSKY 04-20-98 LAW OFFICES OF ~X¢OODRUFF~ SPRADLIN & SMAR. A PROFESSIONAL CORPORATION AGENDA MEMORANDUM NO. 18 4-20-98 TO: HOnorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: RE: April 15, 1998 Application of John Brlansky to File Late Claim; Claim No. 98-10 RECOMMENDATION: After review by this office and the City's Claims Administrator, it is recommended that the City Council deny the Application and direct the City Clerk to send notiCe thereof to the claimant.and the claimant's attorneys. DISCUSSION: The claim.is for over $50,000 in personal injuries received in a two (2) vehicle accident on Harvard Avenue near the City boundary with lrvine. The accident occurred on June 13, 1997. Mr. Brlansky admits that he did not hire anyone to investigate the scene or 'conduct any discovery prior to speaking with his attorney. He hired his attorney more than six (6) months after the accident. Pursuant to Government Code Section 911.2 a claim for personal injuries must be filed within six (6) months of the date of the accident. However, an application to file a late claim shall be granted Where: The failure to present the claim was through mistake, inadvertence., surprise or excusable neglect and the public agency was not prejudiced in its defense by the failure to present the claim within the time specified in'Section 911.2 In our opinion, waiting over six (6) months to contact an attorney and not making any investigation whatsoever does not meet the criteria for "mistake, inadvertence, surprise, or excusable neglect." Even though the claimant may not have known at first of the necessity to file a timely claim, the claimant should have promptly investigated or consulted an attorney and not waited over six (6) months to do so. if the City Council denies the application, the claimant's remedy is to file a petition fOr relief in the Superior Court. Enclosure cc: William A. Huston, City Manager LOIS E. JEFFRE~//~ ~ 1102-9810 61441_1 ]0 ]! !4 !? 2O 2! 22 23 24 27 DEBRA SCHUL'I-Z. LAW OFFICES OF DEBRA SCHULTZ 100 Pacifica, Suite 340 lrvine, CA 92618 (714) 450-1030 Attorney for Plaintiff FEB ! ? 1998 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CLAIM OF JOHN TIMOTHY BRLANSKY Claimant, vs. ) ) THE CiTY OF IRVINE, THE CiTY OF ) TUSTIN ) ) Defendants. ) ) CLAIM FOR PERSONAL INJURIES Government Code Section 910 TO: CITY OF IRVINE and THE CITY OF TUSTIN: Your are hereby notified that John Timothy Brlansky, whose address is claims damages from the City of irvine and the City of Tustin in an amount greater than $50,000.00 and subject to jurisdict'ion of the Superior Court of The State of California. This claim is based upon personal injuries sustained by John Timothy Brlansky on or about June 13, 1997, in the City of irvine and the City of Tustin. At such time and place, claimant, John Timothy Brlansky was traveling northbound on Harvard in the #1 lane when he was struck by Kristen Ann McCormick Vick dUe 'to the negligence of the · . they City of irvi'ne and the City of Tustin. A copy of the police report is attached. : The amount claimed by claimant, John Timothy Brlansky as of the date of presentation of this claim is unknown, but will be greater than $50,00.00, and in an 10 ll 12 14 15 16 17 19 2O 21 .22 23 24 amount subject to the jurisdiction of the Superior Court of the State of California. Ail notices 6r other communications, with regard to this claim should be sent to claimant C/O Law Offices of De~ra Schuitz,. 100 Pacifica, Ste. 340, irvine, CA 92707. DATED: FEBRUARY%'1998 LAW OFFICES OF DEBRA SCHULTZ DEBRA SCHULTZ, Attorne~//~r Claimant · 25 26 27 28 -2- ITEMS MARKED BELOW WHICH ARE .rOI.LOWED BY AN AiT~.RISK{ol SHOULD :~E =_XPLAINED IN THE NARRATIVE i ;:ST NUmaR ,m 0; ~&RTY .~T :&ULT · ~ 0~ ~0~ O~w~' ' D UNCNOI~' ' '. !A m~- "~'--' " C q.A I1~ ...... · ~ SNOW'~G -- ~GHTING ~ ~AI~ ~TREET LIGM?S ~ DA~C · ~O STRE,.rT '.JGHTS 'B w~ : ~ L.~CSE MATERIAL ON RDWY ' , (~ OBST~dCTION ON ROADWAY' T'RAFRC CONTROL DEVICES' { ~ CONTROLS NOT FUNCTIONING° iD NO CO~O~ ~; FACTOR' ~, . OF CO~N ~!A "~" -' " I C R~m END iD ~o*oao~ ' i E NIT 0~ -- OTHER'.' - ,~IOTOR VEHICLE iNVOLVED wITH NON-CDU.~ON ~DESTRIAN MOTOR I D MOTOR VEH. ON OTHER ROADWAY MOTOR VEHK~.E iH ANIMAl- ;ix=.;) OBJECT: i PEDESTRla~I'S ACT10N ,~ A NO P~.DEiTm~N WVOLVB0 AT INTERSEC'~ON . COK~."~C:.'ON OK ROADWAY' ROADWAY wIDT~ I D ~OSSI~ - NOT IN ~O~WA~ ;LD02ED' J E ~N ROAD - IN~UDES ~ULnER ~J~: CDNDI~ONS lCCROSSING IN C~OSSWAt. J( - NOT AT INTERSECTION i G A~OAC~ / LE~NG SCHOOL Bus PASSENGER CAm w. TmAm~ j : ' lA STOOD MOTORCY~: s~o~ ,~ j ~ aeO~G STRAIGHT i I I D Pic]cuP OR PANEL ,'~UCX I ! I ~. mCx:uP: P~NEL .':'~r,. w: T~ i I i F TI~ICI: OR TRUCX ,'~IACTOR ; ~ i C ~AN OFl~ ROAD TRC~K. ~.Oa W / ,n.R. I i i F ~ACING U ,"URN sc~ooLs~ ~ ; IG a~CX:NG O~ER BUS M~. CON~. ~OUI~ENT - ~ J IJ CHANG]~ ~NES ecY~ ~ , iK BARKING MANUEVER OTHER VEHI~ ; PEDE~t&N I l M OTHER UNSA~ TJRNING MO~ t I j p ~ERGI~ OTHER A$SOC:~TE~ FACTOR (MARK 1 TO 2 n'EMS}- AVe .~C':K3N VK3d.~TK~ C, JTED__ .~ ~$ I I i I i C~ TRAVELING WRONG WAY I I t ! I I jcvcs,=,.--T- jJJ ~ HaD - UND~ IN~UEN~ I I ~ ~ ~SION O~E~: ~ I J C H~- NOT UNDER IN~U.' I t I ~ INA~N~ON' I ; I D BeD · IMPAIRMENT UNK.' I I I ~ UNDER DRUG INFLU." BV~ SE~.ION v~OI,~,?~ON~ ~ ¥~S I I !G ST0p~,G0:umC I ! J~'! ENTEmNG; :..E.Av'.NG RAMP SO~qlETY - DRUG =~4YSIC~L iMARI~ 1 TO 2 ri'EMS1 i I J F IMPAIRMENT · IiHY$ICAL' ~t~lous C=~'.~S]ON : ! IG iMPAtRMENT NOT KNOWN UNFAMILIAR WIT"H ROAD ! j I j J JK, DEFECTIVEVE"'E~UIP'; --;~''° __ YES t~ I N NONE ~PeAmENT I0 RUNAWAY VEI'eC'1:. INVEiTI~TF..~ BY I i I I t!~ UNINVOLVED.VEHIClE I. I I M OTHER I + I Il.IL NUMBER NJURED / WITNESSES / PASSENGERS SEA~NG PosmoN ,,=.,==,,,,,~.,==,~ 123 STA. WGN. REAA AR. OC'...-~. O~ VAN ~SITION UNKNO~N'N OTHER SAFETY EQUIPMENT L - &IR ~ DE~YED M - AIR ~ NOT DE~D N - ~ER P - N~ REOU~RED ~RN~S N~ US~ ~ REPAINT H~N~ US~ O - ~N V~ USED HARNESS N~ US~ R - IN V~l~ N~ USED ~INT US~ S - IN V~ USE UNKNOWN ~AINT N~ US~ T - IN ~ IM~O~R USE U - NONE IN VEHIC~ L~. FE.JECTED FROM VEH. I E~('T-'~T OF INJURY ("X" ONE) INJURED WAS {"X" ONE) ','VITNESS i ~*.SSENGER ONLY j ONLY SEX II, JURY :I~LJURY INJURY OF t~ldN , ' ' =3 U S., Pf-CNE i 51RTHDATE RES. PHONE. lNJU flED TAKEN . TAKEN Irm Ir'mlolc l NA~E i ~iRTHD,lu,,..E i RE& PHONE( ) ( ~uS. P~,,CNE AJ~DR~ ;~,--;-~-'T. C.:TY. STAT~ -~P) iN~URF. D TAKEN TO: N,~E ~R'THE~.TE I ~-~ PHONE 5US. I · ....RESS ;5T~E-=T. ~TY. E",ATF_ ~P) ~NJURED TAKEN TO: I, laloi RES. PHONE I( ) ( ) ~NJU~ T~. FORM 72-38 ! ,. [' . __ '\ 'IRVINE POLICE DE~ARTM~--NT CA0302500 .SUPPt.EgENTAL 'lj~'. ~ STATEME' ADDITIONAL OR ADJ~ LD$$ INVOLV~ SUPPLEMENTAL (BOX: 4) R-_--~-=. - REPORTING PARTY INVOLVEM~T CODE: PAR - PARENT_ VIC - VICTIM OTH - OTHER NUMBER · ~ ~.- il. CODE SE,~,'ION OF ORIGiNAl. ~ VE~K::.E 7' nES~DE','nAL ~ C~MME]:IC3AL ~ NAR~,, C --_ .;UV ADDRESS (,.,~=T ~ i :o. cn'v I 11. s'rATE I~z. ca= I13- HOME P~"KDNE - ( ADD (~L. ~F JUV3 NAME OF P~_.R,.%ON MAKJNG STAT'.~,4E.NT 2:~ BUS~NES, S ADDI::IES, S _~ \ \ ..:=.., --.. - ~ - - 2g. D,~,T-~ME 5TATF. JdENT W~ i; =N 31. ITEM. NO]. QUANTTTY I SF._RIAL NO.' [FIRS"~ (MiDDI.~ . J 20. DATE CF :BIRTH 20A. AGE . . . . . 37 il. REC:OVE. RED ' I UNIc'OUNDE~ . I I Il 113 NUW8~I J ~ ~ h__j_l. I I ?a~e Of .~.OADWAY: The roadway involved is the intersection of Harvard Avenue ~_nd .Mol: -- · ~offett wes.t of the intersection is a two way east/west roadwa':' with one weStboUnd lane, one eastbound !efZ turn lane, and one eastbound tiyht turn lane. ~e west side o.f Moffett is entry/exit, to the M.C.A.S.H. f~ily housing.. This oortion of Moffett is entirely within the City of Tustin. Ecs: of the intersection Moffett (old V~leneia) is a closed barricaded, unimproved roadway in the.City of Irvine. ~larvatd Avenue is ~ four lane north/south roadway with two through traffic lanes for each direction. North of the intersection the northbound and southbound lanes ar~ semar~;ed ~ ~ainted divider, and there are separate ~nd marked southbcur, d right turn lanes and a northbound bicycle lane. Sou~h of the intersection the northbound and southbound lanes separated by · t~ised center divider. ~ete is a marked ~nd signal controlled northbound left :urn lane. Ther~ are bicycle lanes for each direction. ~atked and controlled pedestrian crossings are provided on both sides of Moffet~ across Harvard Avenue and on the west side of l~arv~rd Avenue across Moffet~. . The boundary marke~s for the cities of Itvine 'and 'Tustin painted blue and/or white, includin~ one 80 feet north of t~ north curb fa~ of Moffett; 26 feet east of the west .curb face of ~atv~rd Avenue; another 100 feet south of the south curb face of Moffatt, and 8 feet east of the west curb face of ~atvard Avenue. Both roadways ate constructed of asphaltic concrete and each surface is well m~rked ~nd in ~ood temair with no 'apparent surface defects. Supervisor .a~.proving' Copy to Traffic TRAFFIC COLLISION Page 1 - DR 97-7108 INJURIES' Driver #2, Bdansky,. was treated at the scene by Orange County Fire Authority personnel for minor abrasions and contusions. He refused further medical treatment. STATEMENTS' Ddver #1, Vick, stated she had been traveling southbound on Harvard and she was in the left turn lane waiting to make a left turn onto eastbound Paseo Westpark. ' She said she approached the .intersection and she thought she saw a green turn arrow. She said she entered the intersection beginning to make her left turn. She Said she did not see vehicle ='-"2 at' all prior to the impact. She estimated her speed st approximately 10 to 15 mph. Ddver #2, Bdansky, stated he had been traveling' northbound on Harvard in the #1 lane approaching the intersection with Paseo Westpark. He stated his signal was green and had been for some time. He said just pdor to the intersection he saw vehicle "1 = enter the intersection, making a left turn from southbound Harvard onto · eastbound Paseo Wes .tpark directly in front of him. He said he had no time to br~.ke or avoid the collision. He said his front end struck the left side of vehicle #1's front end as it entered the intersection. He estimated his speed at approximately 45 to 50 mph. Witness #1, Bourdo, stated she was westbound on Paseo Westpark stopped for ~ red signal waiting to make a dght tum onto northbound Harvard. She said she saw a green Taurus pr'epadng to make tum onto eastbound Paseo Westpark from southbound Harvard. She said she saw a gray vehicte headed northbound on Harvard. She said vehicle #1, the Taurus, turned dght in front of vehicle ¢2 which had no time to stop. She said the signal for north and southbound traffic on Harvard was green. TYPE OF COLLISION' This was a vehicle vs. vehicle head on type collision. Initial impact occurred between the dght side of vehicle #l's front bumper and grille, and vehicle ¢'2.'s front bumper and grille. TRAFFIC COLLISION Page 2 - DR 97-71 O8 POINT OF IMPACT: The POI occurred within the intersection at the intersecting points between the #I northbound lane of Harvard and the turning radius from the left ~rn lane of southbound Harvard to eastbound Paseo Westpark. This POI was located approximately 25 feet west of the east curb line of Harvard and 10 feet south of the north curb line of Paseo Westpark. This is based upon involved parties and witness statements, vehicle damage, collision debris and vehicle fluids deposited upon the roadway, collision scrub deposited upon the roadway, and'the position and location of both vehicles at their uncontrolled POR. OPINIONS' Ddver #1, Vick, was in violation.of 21801 (a) CVC (Failure to yield to oncoming traffic while making a left tUrn). This is based upon involved parties and witness statements, vehicle damage, collision debds and vehicle fluids deposited upon the roadway, collision scrub deposited upon the roadway, and the position and location of both vehicles at their uncontrolled POR. Ddver #1 received a citation at the scene from Traffic Officer Vandersluysveer. CT] S. Meyer #2241 Approval: ) ~.~ Date' June ~ 1997 10 11 12 13 14 15 16 17 lg 19 2O 21 22 24 25 26 27 28 PROOF OF SERVICE BY MAIL\PERSONAL STATE OF CALIFORNIA: COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 100 Pacifica, Suite 340, Irvine, California 92618. On February 9, 1998 I served'the foregoing document described as CLAIM FOR PERSONAL INJURIES in this action by placing a true copy thereof in sealed envelope addressed as follows: City of Irvine office of the City Clerk I Civic Center Plaza Irvine, CA 92714 City of Tustin Office of the City Clerk- Attn Beverly 300 Centennial Way Tusitin, CA 92780 John T. Brlansky [ x ] (BY'MAIL) ! deposited.such envelope in the mail at IRVlNE, California. The envelope was mailed with postage thereon fully prepaid, i am readily familiar with the -firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit Executed on at lrvine, California [ ] (BY PERSONAL SERVICE) ! delivered such envelope by hand to addressee. the Executed on February 9, 1998 at irvine, California. [ X ] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [ ] (Federal) I declare that i am employed in the office of a member of the bar of this court at whose direction the service was made: '~ .~LfA LLINAS -3- Office of the City Clerk March 30, 1998 · Carl Warren & Co. P. O. Box 25180 Santa Aha, CA 92799-5!80 Re: Transmittal of Document(s) City of Tustin 300 Centennial Way Tustin, CA 92680 (714) 573-3026 FAX (7.14) 832-0825 Claimant' John Brlansky Claim No.' 98-10 Filed With City' 3-30-98 Receipt of Claim/Summons and Complaint by the Ci{y Clerk's Office on' Date' 3-30-98 Time' 2' 36 p.m.. By' Personal Service upon the undersigned Regular Mail x Certified/Registered Mail Interdepartment Del ivery The en'closed 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. 3effrey, 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' ¢ Aoolication fo.r Leave to Present Late Claim A copy of this letter and enclosures were sent on 3-30-98 to the City Attorney and .Department Head, and the original was forwarded to the Fina'nce Department. £ncl osur~s 10 11 12 13 14 15 17 18 19 2O 21 22 23 :4 25 26 27 28 DEBRA SCHULTZ LAW OFFICES OF 'DEBRA SCHULTZ 100 Pacifica, Suite 340 irvine, CA 92618 (714) 450-1030 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE IN THE MATTER OF THE CLAIM OF JOHN TIMOTHY BRLANSKY PAT BRLANSKY (Loss of consortium) Claimant, VS. THE CITY OF IRVINE, THE CiTY OF TUSTIN Defendants. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM [Government Code Section 911.4] TO: CITY OF TUSTIN o Application is hereby made for leave to present a late claim under Section 911.4 of the Government Code. The claim is founded on a cause of action for personal injuries sustained by John Timothy Brlansky which accrued on or about June 13, 1997, and for which a claim was not timely presented. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached hereto as Exhibit "A" and made a part hereof. · 2. The reason for the delay in presenting this claim is the mistake, inadvertence, surprise, and excusable neglect of the claimant as more particularly shown in the declaration of John Timothy Brlansky attached hereto. A copy of the police report and a copy of the newspaper article about this intersection is included in 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 2? 28 Exhibit "B". City of lrvine was not prejudiced by failure to timely file the claim as shown by the declaration of John Timothy Brlansky and Debra Schultz attached hereto as Exhibit '"C" and made a part hereof. WHEREFORE, it is respectfully requested that this application be granted and upon in accordance with Sections 912.4- that the attached claim be received and acted 912.8 of the Government Code. DATED: MARCH z~ 1998 LAW OFFICES OF DEBRA SCHULTZ BY: DEBRA SCHULTZ, Attorne~for Claimant -2- · py · ~ iRVlNE POUCE DEPARTME " TRAFF1C COLLISION REPO~ ~ L.j~ t IRVlNE Omng~ Count'y ~ J Number . t . IN¥OI.V J:§ V J:141~. j OWNC~qS N&IdlI: : . $-&mJr A,S Dm~tk .. - PA I~T'Y' 3 ITEMS ,MARKED =-ELCW WHICH AREn ,=-DLL~WED BY AN ASTERISKIo,~ SHOULD 5~ ~XP~INED IN ~E NARRATIVE i i ii ; i : ' A STO~ .o i i i . ~ '~O ~h~ NOT =U~ONI~' ? ' STREET UGHTS :] ',i~) MOT,~R vel.(. ~N GTHE~ RO~WA¥ ~,~E13 i~OTDR VEt.~ ~ ;,L.~K. ~0 STI;IF-.~f UGI.(TS ,' -- .'ARK - FLINCT1ONN,~'STREET LJC~TS NOT ] ,i H A..eU.~L: aD&OwN, ¥ SURe&CE '3 wrr C ~NOWY - iCY I ~ ~ ;::SE M&:Em&L ON ROvvY - aC. DESTRI&N'S aCTiON ii .~ .~:.,.DESTma~ WVOLVED C:q~SS;NG IN ~0~ - NOT ~ :NT~RSE~0N ' C .,'~STRU~--'.:..ON ON ROADWAY' I ~- =EDUC-ZD e0ADwa, Y wtDT,', ' ...T.' :LDODED' J G O,",,dEn'- , F ',c,? ,n aC.O 1 ~) :.R.'"SS:NG - ~OT IN '"C. ROSSWALK I ~ :N ;aOA0 - ;N~--..UOES S,)'IOULDER REV t 90 i ! : C MOTORC¥~_..F.: SCOOT'ER ? , ~ ~CXUP OR PANEL TRU~3C I , ; -- ~C~UP: PANEL TRK. W: TLR. ! ; , ~ TRUCX OR TRUCX ,'tRACTOR ,.~ ~ ~ PROt"'C:~[NG STRAIGHIT ~ ' C q,&N DF; ;DAD : D Ma. ICING RIGNT .'"'JRN .: MAKING '=='T TURN ~ ~ :. ,I..,I SCHOOL 9uS ~ ; i G a.4,CX;NG ' ; ' I OTHER 9US EMERGENCY i : t~ HWY. CONS3'. EOUIP~ENT - OTHER VEMICLF. ; 0 MOI~_D i , : OTHER ,*,SSOC:U,,TEO F&CTOR (MARK I TO 2 ITEMS}- vC ~.:T. IO~ v~:3~.~T~O~ ~ E~1: ~CT~3N v,O~TK)N ; C'/C $[.~,10~i vl0L~TI3N . _-:Tm I I : ~ VISION OB.~,C'JREMENT: i ~ i i::: ~A~:N'nON' STOP & GO TRAFFIC ENTERII~; ~t.~.~VU, dG RAMP t ' '1 =qE*vIOU$ COLL~S~ON ! , i J UNI:&MIL~R WITH ROAD __-- ] : ' j-,] SLOWING ~' STOPImNG I [ [J r2,1ANGING L,ANES t ! : K ='&RKING M&NUEVER '0 RUN&WAY vEl"ItC"l: I ' I I.Q. NUMBER UNINVOLVED OTHER NONE APe&RENT H~O - UNDER INFLUENCE at~3. NOT UNDER INFLU.' .SO - ;~a~T u-~.' UNDER D~G JN~U.' OTHER UN.~F~. ZING iNTO P'.mCEO TRAVE~ W~NG WAY oTHEe' SO~,~ · ~RUG~Y~L IMA~ I TO 2 ~MSI ~AO NOT ~ ORINEING I :.D.,,NUIdI~ . JNVESTIGA/ED BY ! I i ~ iMPAIRMENT - PHYSICAL' ' ; ' i G ,MP&IRMENT NOT KNOWN ! i !H NOT I i Il SLEEP'~. ;A,'~GUED SPECIAL INFORk4A TiON MATERIAL ; ; ! L ENTERII~ TRAFFIC SEATING POS[nON 1 2 ~ ~. ~o~ U~N ~5 5 ~'~ i O~_.Jl~Wl~j A. NON~ tN VE~ B - D - LA~ SAFE'FY EQUIPMENT :.~=~.,, ED FROM 'v'EH. w. Y?..~ : - '~OT :. ~- m":. ,AL:.~ SEX ~ OF INJURY {"X" ONE1 INJURED WAS ("X" ONE} INJURY INJURY INJURY %.NJU RE~ TAKEN TAKEN b. dF ~. qL I l I .R~1NE POLJC~' DEPARTMENT .r' 'lrnoNJd_ OR ~ ~ INVO~ U.PPLEMENTAL BO](4) R~ - RE~='ORTING PAfl'I'Y NVOLV_FM~=NT CODE: PAR - PARE]hiT_ vIC - V1CT~ OTH - OTH.~ j2.~T I · '"' RE.520_~NTtAL. -- pE.=S,2.,~ ~'~ I c.. hu~aE g. ADDRE.S~ (L~ST) (fiRST) ' (~aOOLE~ 11. ~TA~'I'E i :~- ~ t ~'1 ~DME il7. STATE j 1~, ~ PHONE 14~.. O~"PAT',~N i :~ 3US, A~O (S~I... ,F JUV~ 19. NA~4E ~ ==_.RS~N wAKING STAT=.-MENT [t,,~S~ ,/--.~ ,.i -'DA. I1. s ! I j11. &?. ~ NUkI~ER j ~ ~e,pJ4ov~l P~-~e Of F. OADWA¥: The roadway involved is the intersection of Harvard Avenue ant :doff et t. ......... . _ , N_S ~ wi;h one westbound lane, one eastbound !eft turn lane. and eastbound ri~h~ [urn lane. ~e wes~ side of >Ioffe[~ is en~ry/exi~ to the ~.C.A.S.E. f~ilv, ho'usin~. Th;s. po-t~on. . {.,?offett is ent~-e!y wi[bin the C[~y of Tustin. Eas~ of the intersection ~of~e[t (old V~ieneia) is a closed bar,!caded. unimproved roadway ~n the Cl:v of !rvjne. " 'an= north/south roadway '.vi ih cwo .-.arvard Avenue is a four ._ _ throu~'h traffic lanes for each direction. North of the '.'nt=-sec~on ........ ~he northbound :nd southbound lanes =r" seg=r_~e,~= _ a painted divider, and there are separate and marked southbound right turn lanes and a nor~.hbound bicycle lane. South of the intersection .~he northbound and southbound lanes separated by a raised.center divider. There is a marked and si=anal controlled northbound !eft turn lane. ~Th~-o :,o marked bicycle lanes for' each direction. >Iarked and Controlled pedestrian crossings are grovided on sides of ~offet~ across Harvard Avenue and on ~he wes~ side of Harvard Avenue across The boundary markers for .'.he cities of lrvine and Tus;in painted blue-and/or white, including' one 81] feet nor~'h of ~=tt; 2~ feet east of the west curb north curb fac% of .Yfof:. Earvard Avenue; another !00 feet south of the sou~h cur0 ~offett, and 8 feet east of the west curb face of Earvard D V .=Importing' Officer Sure:visor Approving' Comv to Traffic Both roadways are constructed'of asohaltic concrete and each surf_c.~ ~ is well marked and in ~ood to,air, with no apoar°n~.. - surface defects. f ace face TRAFFIC COLLISION Page 1 - DR 97-7108 INJURIES' Ddver #2. Bdansky, was treated at the scene by Orange County Fire Authority pe~onne! for minor abrasions and contusions. He refused further medical treatment. STATEMENTS' Ddver #1, ',Ack, stated she had been traveling southbound on Harvard and she ,,vas in the left turn lane waiting to make a left turn onto eastbound Paseo Westpark. She said she approached the intersection and she thought she saw a green turn =.n-ow. She said she entered the intersec+Jon beginning to make her left turn. She said she did not see Vehicle ~ at all pdor to the impact,. She estimated her speed approximately 10 to 15 mph. Ddver #2, Bdansky; stated he had been ~veling northbound'on Harvard in the #I !ane approaching the intersection with Paseo Westpark. He stated his signal was green and had been for some time. He said just pdor to the intersection he saw vehicle #1 enter the intemection, making a left turn from southbound Harvard onto eastbound Paseo West~ark directly in front of him. He said he had no time to brake or avoid the collision.' He said his front end struck the left side of vehicle #l's front end as it entered the intersection. He estimated his speed at approximately 45 to 50 mph. Witness #1, Bourdo, .stated she was westbound on Paseo Westpark stopped for a red signal waiting to make a right, turn onto northbound Harvard. She said she saw a green .Taurus p~'epadng to make. turn onto eastbound Paseo Westpark from southbound Harvard. She said she saw a gr~y vehicle headed northbound on Harvard. She said vehicle #1, the Taurus, turned dght in front of vehicle ~ which, had no time to stop. She said the signal for north and southbound ~ffic on Harvard was green. TYPE OF COLLISION: 7his was a Vehicle vs. vehicle head on type collision. Initial impact occurred between the dght side of vehicle #l's front bumper and gdtle,, and vehicle #'2's front bumper and gdlle. TRAFFIC COLLISION age - POINT OF IMPACT: DR 97-7108 The POI occurred within the intersection at the intersecting points .between the ¢i northbound lane of Harvard and the Dining radius from the left turn lane of southbound Harvard to eastbound Paseo Westpark. This POI was located approximately 25 feet west of the east curb line of Harvard and 10 feet south of.the nord~ curb line of Paseo Westpark. This is based u[~on involved parties and witness statements, vehicle damage, collision debris and v'ehic!e fluids deDosited u[~on the roadway, collision scrub deposited upon the roadway, and the posi'tion and l'ocsdcn of both vehicles at their uncontrolled POR. : OPINIONS: Driver #1, Vick, was in violation of 21801 (a) CVC (Failure to yieid to oncoming tr=_ff'ic while making a left turn). T'his is based upon involved parties =_.nd witness statements, vehicle damage, collision debris and vehicle fluids deposited upon the roadway, collision scrub deposited upon.the roadway, and the [~osition =_nd l'ocadcn of both vehicles at their uncontrolled POR. Driver #1 received ~ citation =_t the scene from Traffic. Officer Vandersluysveer. CT[ S. Meyer #2241 bw Approval: 2 '~~~ c~' Date: June ~ 199T 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 26 27 28 DEBRA SCHULTZ LAW OFFICES OF DEBRA SCHUL77_ 100 p acifica, Suite 340 lrvine, CA 92618. (714) 450-1030 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA · · FOR THE COUNTY OF ORANGE CLAIM OF · JOHN TIMOTHY BRLANSKY ) ) Claimant, ) ) ) VS. ) ) THE CITY OF IRVINE, THE CITY OF ) TUSTIN ) ) Defendants.. ) ) CLAIM FOR PERSONAL INJURIES Government Code Section 910 ' TO: CITY OF IRVINE and THE CITY OF TUSTIN: Your are hereby notified that John Timothy Brlansky, whose address is claims damages from the City of Irvine and the City of Tustin in an amount greater than $50,000.00 and subject to jurisdiction of the Superior Court of The State of California This claim on or aDo," '~n personal injuries sustained by John Timothy Brtansky .,,, ~n the City of Irvine and the City of Tustin. At such time and place, claimant, John Timothy Brlansky was traveling northbound on Harvard in the #1 lane when he was struck by Kristen Ann McCormick Vick due to the negligence of the they City of Irvine and the City of Tustin. A copy of the police report is attached. · · The amount claimed by claimant, John Timothy Brlansky as of the date of presentation of this claim is unknown, but will be greater than $50;00.00, and in an l0 l! 20 2! 24 25 27 2~ amount subject to the jurisdiction of the Superior Court of the State of California. Ail notices or other communications, with regard to this claim should be sent to claimant CIO Law Offices of Debra Schuitz.,..100 P. acifica, Ste. 340, Irvine, CA 92707. DATED: FEBRUARY ~ 1998 LAW OFFICES OF DEBRA SCHULTZ DEBRA SCHULTZ, Att0mey?)r Claimant -2- 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 2? 28 .OOF OF SERVICE BY MAIL\PI:_. _~ONAL STATE OF CALIFORNIA: COUNTY OF ORANGE: I am employed in the County of Orange, State of Califomia.! am over the age of 18 and not a party to the within action; my business address is 100 Pacifica, Suite 340. lrvine. California 92618. On February 9, 1998 i served the foregoing document described as CLAIM FOR PERSONAL INJURIES in this action by placing a true copy thereof in sealed enveicoe addressed as follows:. City of Irvine Off~ce of the City Clerk. 1 Civic Center Plaza irvine, CA 92714 City of Tustin Office of the City Clerk - Attn Beverly 300 Centennial way Tusitin, CA 92780 John T. Brlansky [ x ].(BY MAIL) I deposited.such envelope in the mail at IRVINE, California. The .envelope was mailed with Postage thereon fully prepaid. I am readily familiar with the firm's practice.of collection and processing correspondence for mailing, it is deposited with U.S. Postal Service.on'that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cance!iation date or postage meter date is more than I day after date of deposit for mailing in affidavit ,.Executed on at lrvine, California [ ] (BY PERSONAL SERVICE) ! delivered such envelope by hand to addressee. the Executed on February 9, 1998 at lrvine, Califomia.. [ X ] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [ ] (Federal) ! declare that I am employed in the office of a member of the bar of this court at whose direction the service was made: '~' .~LIA LLINAS -3- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JOHN TIMOTHY BRLANSKY I, JOHN TIMOTHY BRLANSKY DO HEREBY DECLARE: 1. On June 13, 1997, I was involved in an automobile accident.at an intersection on the border of the Cities of Tus'tin and lrvine. 2. I was completely unaware of any special statue for government claims until ! was informed in January, 1998. I then hired Ms. Schultz and authorized her to file a claim on my behalf. 3. ! had not hired anyone to investigate the 'scene nor conduct any other discovery regarding the accident prior to the speaking with Ms. Schultz I declare under penalty of perjury under the laws of the State'0f California that the information above is true and correct. ! am signing this on March 27, 1998 at irvine, California. -3- 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 2? 28 DECLARATION OF DEBRA SCHULTZ !, DEBRA SCHULTZ, HEREBY DECLARE AS FOLLOWS: 1. i, Debra Schultz, am licensed to practice in all the' State Courts of California and the Central Federal District Court. I am the attorney of record for Plaintiffs in this matter. .. 2. Mr. John Timothy Brlansky became my client more than six months after the accident. Mr. Brlansky was unaware of the necessity to file a government claim within six months. " 3. Upon receiving basic information, a government claim with the City of · Tustin and the City of Ir-vine was filed on February 9, 1998. The claims were denied on February 11, 1998 and March 13, 1998 respectively. 4. The cities would not be prejudiced in this matter as plaintiff had not had Counsel for more than six months and thus, did not conduct any discovery/investigation. I declare under penalty of perjury under the laws of the State of California that I am signing this on March 27, 1998 at lrvine, the information above is true and correct. California. DECLARANT -4- PROOF OF SERVICE BY MAIL\PERSONAL 10 ]! ]2 ],3 ],4 ],5 ]6 17 ]9 20 21 23 24 25 26 2? 28 STATE oF CALIFORNIA: COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party, to the within action; my business address is 100 Pacifica, Suite 340, irvine, California 92618. On March 27, 1998 I served the foregoing document described as APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM [Government (;ode Section. 911.4] in this action by placing a true copy thereof in sealed envelope addressed as follows: City of Tustin '-- B¥c,.~+-; ,c;~__j I~qo~' 1 Office of the City Clerk - Attn Beverly 300 Centennial Way. Tustin, CA 92780 John T. Brlansky [ x ] (BY MAIL) ! deposited such envelope in the mail at IRVINE, California. The envelope was mailed with postage thereon fully prepaid. ! am readily, familiar with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. ! am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit Executed on at Irvine, California [ ] (BY PERSONAL SERVICE) I delivered such envelope by hand to addressee. the Executed on March 27, 1998 at lrvine, California. [ X ] (State) ! declare under penalty of perjury under the laws of the State of California that the above is true and correct. [ ] (Federal) I declare that I am employed in the office'of a member of the bar of this court at whose direction_the servic, e was made. - ~I].IA--'LLINAS -.5-