HomeMy WebLinkAbout14 CLAIM B. SALAZAR 03-16-98 LAW OFFICES Of
V~OODRUFF~ SPRADLIN & SMART
A PROFESSIONAL CORPORATION
AGE DA
MEMORANDUM
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
March 11, 1998
RE:
Claim of Boris Salazar; Claim No. 97-47
NO. 14
3-16-98
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 the claimant's attorneys.
DISCUSSION: The claimant alleges property damage and personal injuries due to a two-
vehicle, rear-end accident. The claimant was driving northbound on Red Hill approaching
Edinger. The claimant stopped as he observed east/west traffic on Edinger crossing in
front of him. When the claimant's vehicle stopped, it'was rear-ended by another party.
(The other party has also filed a claim with the City.) Based on available information, we
view this case as one of questionable liability for the City. While there appears to be some
evidence that the signal lights at the intersection may have malfunctioned prior to the
accident, such malfunction does not excuse either party to the accident from driving safely.
The claimant appears to have acted properly by braking to avoid an accident. The driver
of the second car appears to be at fault, driving in a negligent manner at a speed unsafe
for the conditions. In the event that litigation ensues on this claim, the City would tender
its defense to Computer Service Company Division that maintains the signal lights at the
intersection. If there was any malfunction of the lights, itwas related to their work and their
failure to correct a known problem at the intersection. The Division has been put on notice
of this claim.
LOIS E. JEFFREY
Enclosure
cc: William A. Huston
City Manager
59935_1
Office of ".e City Clerk
December 16, 1997
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
C
ity of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
Re-
Transmittal of Document(s) ~ ~ ~,./7 ~_ ~
Claimant' Boris Salazar - !///
Claim No.' 97-47 ~_FF~ ~ ~. 7997
Filed With City' 12-16-97 ~. .......
Receipt of Claim/Summons and Complaint by t~J"C~'~y' Ct-er.k-~?Office on-
Date- 12-16-97
Time' 8-40 a.m.
By'
Personal Service upon the undersigned
Regular Mail
Certified/Registered Mail
Interdepartment Mai 1
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 12-16-97 'to the City Attorney
and Department Head, and the original was forwarded to the Finance Department.
S,~cerely,
,~' Valerie Crab~l_~
Chief Deputyt. Gqty Clerk
U
Enclosures
Law Offices .Of
Sheldon L. Davis,
1428 N. Broadway
Santa Ana, California 92706
(714) 835- 1371 Fax (714) 835-5856
PLEASE REPLY TO:
PLEASE REFER TO FILE NO.:
December 10, 1997
City of Tustin
Claims Department
300 Centennial Way
Tustin, California 92780
Re- Our Client - Boris Salazar
Claim No. : ?
Date of Accident- October 16, 1997
Location - Redhill & Edinger St., Tustin
Dear Sir or Madam,
Please be advised that I am now the Attorney of Record for the the
abOve-named client in an action against you. Please communicate
with me on all further matters and submit any documents connected.
With this matter directly to this office.
Also, enclosed ~lease find a copy of the police repor and the
Designation of ~ttorney form pursuant to section 2695.2(c).
Thank ~ou for your courtesy and cooperation.
S incer ~e~y~\\
SHELDON L. DAVIS, JR.
Attorney at Law
SLD, JR/ab
Enclosures
CITY OF TUSTIN
CLAIM AGAINST THE CITY OF '[oSTIN
(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: BORIS SALAZAR
b. Address of Claimant:
,
f. Social Security Number:
g. Driver License Numb'er:
Name, telephone, and post office address to which claimant desires notices to be sent (if other
than'above): SHELDON L. DAVIS, JR. , Attorney at Law
1428 N Broadway, Santa Ana, CA 92706
.
This claim is submitted against:
a. X The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
C.
The City of Tustin and the following employee(s) of the City of Tustin only:
Occurrence or event from which the claim arises:
a. Date: October 16, 1997
b. Time: 4: 30 P.M.
c. Place (Exact and Specific Location): Redhill and Edinger Streets,
Tustin, CA.
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
paperifnecessary ~ traffic control lights this intersection
were green ~or all directions of travel, i.e. North/South
and East/West.
e. Whatparticularaction bythe City, oritsemployees, causedthealleged damage orinjury?
Failure to maintain and synchronize the traffic control
lights.
,
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".
P~operty Damage to claimant's automobile $352.52
Injury to neck and back.
.
Give the name(s) of the City employee(s) causing the damage or injury:
Unknown
7. Name and address of any other person injured' Unknown
.
.
10.
Name and address ofthe owner of any damaged property: Same
t.~ q,astinns l. a;b; & c.
as answers to
Damages Claimed:
a. Amount claimed as ofthis date: $352.52
b. Estimated amountoffuturecosts: Unknown
C. Total amount claimed: Unknown
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.
WM. E. DIFIORI,
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 ! 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 / ~ day of ,/Q~c ~,~_/~,~ , 1 9
Date Filed:
2:CLAIM (7/96}
TO: CITY OF TUSTIN
Claim Number: ..
Date o~ Losg :10/16/97
pUrsuant to Section 2695.2 (c) of the California Code of Regula.-
tions Title, 10, Chapter 5; .[ At~thorize Sheldon L. Davis;
( Name )
. my Attorney to }~ar~dle my Personal Injury
(q~ype of Claim)
claim under the above captiol~ed loss.
This autorizatior, shall be valid flor only one year from the below
date unless renewed by the undersigned. Any and all prior
author~.zation are hereby revoked by the undersigned as of the
date o~ this authorization.
S I g'na t t~r e
BORIS SALAZAR
Pti.ted Name
October 17, ]997
Date
]
Address
(
Telepl~one
I,RA~'J,-IC C'OLLISION RI~PQRT _
:IAL DISTRICTNUMBER
SPECIAL CONDITIONS NO INJ I H&R FEL
1 [ ] TUSTIN cENTRAL
couNTY Dl~r BEAT 9 7 -- 0 7 3 12
~ MO DAY YE.AR TIME(2403) I'd:lC I I OFFICER I.D.
COLLISION OCCURRED ON:
~o REDHILL AV. 1-0116197 1608 3022 000718
..
C DAY OF 'WEE~ TOW AWAY pHOTOGRAPHS BY:
A MILEPOST IN'FORMATION:
T THURSDAY [ ] YES IXI NO
I STATE HWY REL
O
N p~ AT INTERSECTION ~'rl'H: .,LLY.,,~L.~.~_
~~ ~ VE" Y"----~ MAKE'MODEL/COLOR ] UCENSE NUMBER STATE
'PA. RTY DRIVER'S LICENSE NUMBER
1 83. TOYT.CELICA.Bt~I. ....
DRIVER NAM E(FIRST.MIDDLE.~
~ BORIS SAI_~Z/X_~ ------
-- OWNER'S NAME [X~-]SAME AS DRIVER
PEDF-.S- S'rREET ADDRESS
.~
OWNER'S ADDRESS [~r] SAME AS DRIVER
)ARKED CITY/STAI'F./ZIP
~
~.cETUST .
, s~ ............. ~'~'"~ ,,RTHDATE £,,SPOOFVE.,C,.EONOR'~ERSOF: [ ] OFFICER ~ DRIV~ []OTH~
BcY- DRIVEN
OTHER HOME PHONE BUSINF-.~S PHONE ' PRIOR MECHANICAL DEFECTS: NONE APPARENT .~
[ ] ( ( Cm'USEONLY ] DF_SCRIBE VEHICLE DAMAGE SF[ADE IN DAMAGED AR]
- -- VEHICLE TYPE J
-- INSURANCE CARRIER POLICY NUMBER J ' [ ] UNIC []NONE [~] MINOR
~ TOTAL
ALLSTATE : :. ---------
I SPD LMT
R~.DH I V . 4 __ ~uCF..~SE m~.ER s'rA~
VEHYR M AK E./MODEUCOLOR i
~ DRIVER'S LICENSE NUMBER STATE ~A~ETY
2 ~88. TOYT..COROL~-.~/BT...
DRIVER NAME(FIRST.MIDDLE.LAS'T)
~ MICHELLE LINDA CL~VIJO --------
OWNER'S NAME ~] SAME AS DRIVER
PEDES- STREET ADDRESS
T_~
OWNER'S ADDRESS [~] SAME AS DRIVER
PARKED CITY/STATE/ZJP
~
BICY- SEX HAIR EYES HEIGHT WEIGHT ~IRTHDATE ~ DISPO OF VEHICLE ON ORDERS OF: [ ] OFFICER [~r] DRI~E~ [ ]OTHER
~ ~' H DRIVEN
OTHER ~OM£ P~ONE BU$1NE~ P~ONE PRIOR MECHANICAL DEFECTS: NONE APPARENT ~L REFER TO
[ ] ( ( Cl,P OSE ONLY i O~CR,BE vE~,CLE D^MA~E ~H~DE IN DAMAGED
- - VEHICLE TYPE [ JUNK [ ]NONE []MINOR ~,..~
INSURANCE CARRIER POLICY NUMBER J
STATE FARM
.:,,~-',~ 'r'-~'~ oN STREET OR .,~"rWAY
DHI L V ~ ' --
?AR~ DRIVER'S LICENSE NUMBER STATE ~--~ SAFETY VEH YR ] MAKEnaOD£~OLOR UCENSE NUM~Ea
.' . o o · . . . . · · · . · · · · · · · . . o ,
o . o . . . . .
DRIVER NAME(FIRST.MIDDLE.LAST)
__il_
PEDF. S- STREET ADDRE. SS ~CATED. COr'iSD
'ARRED CITYo'S-I'ATEYZIP I~.~.nC~ ex-.eDt ns p · ..
BIRTHDATE DIS
BICY- SEX ~Q~.13~.,!,..n. 1 ,,, '~n
O~E~HOMEP"ONE AOE S,-~DE'NDAMAOED'
c,,P ~ D~CR,BE VE.,C~E DAM
[ ] VEH'C%~ ~YPE I [ ] U~ [ ] NONE [ ]M,.OR
-- INSURANCE CARRIER POLICY NUMBER ~ i
~R S NAME ---'-----' I DISPATCH NOTIF ~~'l~rM_ ~,I~
PREPA '
· 000718 ~--//~ 6~'~',/
STATE
.
10 - 16 - 97 I 160~ 3022 00~,-8 i97-07312
I ,NOTIFIED
DWNERS NA I~{ E,'ADDRESS
PROPERTY
DESCRIPTION OF DAMAGE
DAMAGE
- SAFETY EQUIPMENT EJECTED FROM VEH
SEATING POSITION OccuP^NTs ~,,c BICYCLE- HELMET
I - DRIVER ~A - NONE IN VEHICLE L - AIR BAG DEPLOYED 0 - NOT EJECTED
2 to 6 - PASSENGERS B - UNKNOWN M - AIR BAG NOT DEPLOYED DRIVER I - FULLY EJECTED
'7 - STA. WON. REAR C - LAP BELT USED N · OTitER V - NO 2 - PARTIALLY EJECTED
I 2 3 8 - RR. OCC. TRK. OR VAN D - LAP BELT NOT USED ' P - NOT REQUIRED W - YES 3 - UNKNOWN
9 - POSITION UN'XNOV,'N E - SHOULDER ItARNESS USED
F - SIIOULDER HARNESS NOT USED CilILD RESTRAINT PASSENGER
4 5 6 0- OTHER G - LAP/SHOULDER ttARNESS USED Q - IN VEHICLE USED X - NO
It - LAP/SHOULDER HARNESS NOT USED R - IN VEHICLE NOT USED Y - YES
? J - PASSIVE R~ILAINT USED S - IN VEHICLE USE UNKNOWN
K - PASSIVE RF.&TRAINT NOT USED T - IN VEHICLE IMPROPER USE
U - NONE IN VEHICLE
-- IT K{ARK. WW lC A F L V,' R ' H PAIN D N H ARR T V
f'RI~IARY COLLISION FA~OR='~"~~ r TYPE OF YElUCLE COLLISION
LIST N1.,Ud BER I/) OF PARTY AT FAULT J L' TRAmC CONTROL DEVlCSS . .
-- A vC SEc'r~ON V~OLATED: CITED A CO,',~'ROLS FUNCTIONING X X A PASSENGER C*,USTN. WON.., ,A STOPPED
2 2 2 3 5 0 NO X B CONTROLS NOT FUNCTIONING' B PASSENGER CAR W I TRAILER_ X :a PROCEEDING STRAIGHT
B OTHER IMPROPER DRIVING' C CONTROLS OBSCURED !C MOTORCYCLE / SCOOTER [C RAN OFF ROAD ,.
C OTHER THAN DRIVER' D NO C~NTROLS PRESENT/FACTOR D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN
D UNKNOWN' TYPE OF COLLISION E PICKUP/PANEL TRK. W/TLR. E MAKING LEFT TURN
I~ FELL ASLEEP' A llEAD-ON F TRUCK OR TRUCK TRACTOR F MAKING U TURN
WEATHER fbtARK I TQ 2 j f~MS) B SIDESWIPE G TRK./TRK. TRACTOR W/TLR. G BACKING
~ A CLEAR X c REAR END H SCHOOL BUS X H SLOWING/STOPPING
~ B CLOUDY D BROADSIDE I OTHER BUS I PASSING OTHER VEHICLE
C RAINING E HIT OBJECT $ EMERGENCY VEHICLE ; CHANGING LANES
iD SNOWING F OVERTURNED K HWY. CONST. EQUIPMENT K PARKING MANEUVER
E FOG / VISIBILITY: G VEHICLE / PEDESTRIAN L BICYCLE L ENTEklNG TRAFFIC
F OTIIER': H OTHER': M OTHER VEHICLE M OTHER ~TURNING _
~ ~ V ! NV V W N PEDESTRIAN ~ -- -- N XI2q~ INTO Ot-"~-R~NG LANE
LIGHTING A NON-COL~ ~ION O MOPED O PARKED
X A DAYLIGHT B PEDF..STRIAN ~ I [ I P MERGING
B DUSK- DAWN X :c OTHER MOTOR VEHICLE ~ 2 3 OTHER ASSOCIATED FACTOR
-- MARK I TQ 2 J'I=~MS ~Q TRAVELING WRONG WAY
-- C DARK. STREET'LIGHTS D MOTOR VEH ON OTHER ROADWAY A VC SECTION VIOLATION: CITE IR OTHER':
__
D DARK - NO STREET LIGHTS E PARKED MOTOR VEHICLE
E ~ARK - STREET LIGHTS NOT FLI~qCTION F TRAIN B VC SECT1ON VIOLATION: CITE
~OADW&Y SURFACE G BICYCLE PI.~'SICAL
~ A DRY H ANIMAL: C VC SEC'I'ION VIOLATION: CITE ~L ~ (HARE ! TO 2 ITKHS1 _
X X A ~D ~,:rr B~-~ D~',~U,,O
B WET
C SNOWY - ICY { FIXED OBIECT: E VIS. OBSCURED:. B HBD- UNDER INFLU~
{F INA'rI'EI~'TION' C HBD - NOT UNDER INFLUENC~'
D SLIPPERY (MUDDY.O~LY.ETC.)
I OTHER OB,~ECT: G STOP & GO TRAFFIC D {-~D - IMPAIRMENT LINK.'
ROADWAY CONDITIONS il pEDESTRIAN'S ACTIONS H ENTERING / LEAVING RAMP E UNDER DRUG Uq'FLUENCE'
{U[ARK ! TO 2 ITEM5 '
A HOLES. DEEP RUTS' X I A NO PEDESTRIAN INVOLVED I PREVIOUS COLLISION F IMPAIRMEh'T - PHYSICAL'
B LOOSE MATERIAL ON RDWY' B CROSSING IN XWALK/INTERSECTION ,IUNFAMILIAR WITH ROAD ;C IMPAIRMENT NOT KNOWN
C OBSTRUCTION ON ROADWAY' C CROSSING IN XWALK NOT AT K DEFECTIVE VEH. EQUIP.: CITE H NOT APPLICABLE
INTERSECTION I ~rL. EEPY ! FATIGUED --
{D CONSTRUCTION - REPAIR ZONE
E REDUCED ROADWAY WIDTH ,. D CROSSING NOT IN CROSSWALK L UNINVOLVED VEHICLE ~'ECIAL I~TORMATION
F FLOODED' _ E IN ROAD - INCLUDES SHOULDER M OTHER':" A HAZ.AROOUS MATEICIAL _
iN
G OTHER': F NOT IN ROAD X X ' NONE APPARENT B SEATBELT FAILURE
SKETCH
·
· : I'^gl~ 9F
DATE OF COLLISION TII,,IE(2400J _- ,' NClC NUMBER ' OFFICER I.D. NUMBER
10 - 16 - 97 1608J 3022 000710 J 97-07312
EXTENT OF INJURY ('X' ONE) INJURED WAS "X' ONE.)
WIT NE.SS PASSENGER AGE SEX PARTY SEAT SAFETY EJECTED
ONLY ONLY FATAL SEVERE OTtlER VISIBLE COMPLAINT NUMBER POS. EQUIP.
INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BIKE OTHER
25 M X X i i g 0
NAM E."D.O.B.IA DDR ESS TELEP! 10NE
BORIS SALAZA-R
} (
(INJURED ONLY) TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES:
COMPLAINT OF PAIN TO NECK AND BACK.
I' 1 VICTIH OF VIOLENT CRIME NOTIFIED
TELEPHONE
~AM F./D.O.B.IADDRESS
(INJURED ONLY) TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES:
v v M NTII
NAME/D.O.B./ADDRES$
'{INJURED ONLY) TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES:
VI V M N i
NAM EID.O.B.IA DD R F..SS
(INJURED ONLY) TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES:
· v! M V
~AM E;D.O.B.IA DDR F-.-SS
( NL TAKEN TO:
DESCRIBE INJURIF~:
[ ] v,cr, M oF VIOLEnt CR,ME N~r,F,ED
S:TATE OF CALIFORNIA
NARRATIVE/SU PPLEM El,.. ,Al
p^~ q
·
DATE OF INCIDENT TIME NClC NUMBER OFFICER I.D. NUMBER
10/16/97 1608 3022 000718 97-07312
1
2
3
4
5
6
7-
8
9
10'
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
NOTIFICATION-
Dispatch received this request for service as a non-injury collision at 1612 hrs. I responded from
Walnut St. and Newport Av. for the report.
All times, speeds, and measurements are approx. Measurements were paced.
SUMMARY:
D1, SALAZAR, stated he was N/B Redhill Ay. in the #3 lane at approximately 35 MPH. The signal
for his direction of travel was green. As D 1 reached the US with Edinger Ay. he noticed E/B traffic was
also proceeding through the I/S and he presumed they had a green light as well. D1 braked to avoid a
collision with E/B traffic and was rear-ended by V2. D1 complained of pain to his neck and back and
did not desire immediate medical attention.
D2, CLAVIJO, stated she ,,vas N/B Redhill Av. in the #3 lane at approximately 35-40 MPH behind'V1.
The signal for her direction of travel was green. D2 noticed E/B traffic at Edinger was also proceeding
through the I/S. D2 saw V1 brake ahead of her and D2 applied brakes and rear-ended VI.
The signals at this intersection have been functioning improperly since 101597. Traffic signal
maintenance has been to the intersection 5-6 times on this date and 3-4 times today. The phasing has
been faulty and has allOwed two opposing directions to proceed at the same time. Upon my arrival at
the collision scene, i observed E/B traffic with a green signal and S/B traffic vdth a green signal at the
same time. I set the signals on 4 -way flash to prevent any further problems.
AOI:
4' N/O NCL EDINGER AV. AND 17' W/O ECL REDHILL AV.
CAUSE:
Based on statements and physical evidence D2, CLAVIJO, caused this collision and was in violation of:
CVC 22350: Unsafe speed for prevailing conditions.
RECOMMENDATION:
Refer to the traffic supervisor for review.
PREPARER'S NAME
J CA.R.TWRIGHT
I.D. NLrMBER
000718
DATE REVIEWER'S NAME DATE
10/16/97