Loading...
HomeMy WebLinkAbout13 CLAIM R. ALLEN SLUR 01-05-98 LAW OFFICES OF WOODRUFF~ SPRADLIN & SMA A PROFESSIONAL CORPORATION NO. 13 1-5-98 TO: FROM: DATE: RE: MEMORAN-DUM Honorable Mayor and Members of the City Council City of Tustin City Attorney December 19, 1997 Claim of Roy Allan Slurry Seal, Inc.; Claim No. 97-46 RECOMMENDATION: After investigation and review by this office and that of the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to give notice thereof to the claimant and the claimants' attorneys. DISCUSSION: This claim is related to a claim filed by Rose Kissell. Ms. Kissell alleged that due to debris left on a sidewalk and no caution sign that she tripped and fractured her left ankle. This claim was tendered by the City to R.J. Noble' Company for defense and indemnity. Neither the Noble Company nor its insurance carrier have stepped up to defend and indemnify the City of Tustin. In fact, Ms. Kissell has now filed a complaint againt the City of Tustin in Superior Court. In that action, the City has filed a cross-complaint against R.J. Noble. Roy Allan Slurry Seal was a subcontractor of R.J. Noble, and R.J. Noble appears to be trying to place the responsibility for this incident on them. They in turn now appear to be seeking to place the blame on the City. The City's investigation shows that the contractor's trucks were entering and exiting via driveways over the sidewalk where Ms. Kissell allegedly fell and that debris was left on the sidewalk. LOIS E. JEFRI~_.¥// ~ Enclosure 1102-g746 56584_1 CITY OF TUSTIN c~,~lrVl AGAINST THE CITY u. TUSTIN (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 Tus~in withir 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 identif~ 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 subm~s the following claim and information relative to. damage to person and/orproperty.~Olaim filed in coniunction with cross-complaint, due to oriAinal xclaim filed by ln.a t t ear' b. C. d. e. f. Name of Claimant: Address of Claimant: City/Zip Code: Telephone Number: Date of Birth: Social Security Number: plaintiff Rose Kisse!l, who filed complaint in this ROY AIIAN SIURRY SEA1, INC. 11922 Bloomfield Avenue Santa Fe Sp~ings, CA 90670 (562) 864-3363 ~/A N/A . g. Driver License Number: N/A Name, telephone, and post office address to which claimant desires notices to be sent (if other than above)- Margot M. Harvey, laskero & Associates , 1551 North Tustin, Avenue, Suite 100, Santa Ana, CA (714) 571-0407 This claim is submitted against: a. × 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: April 16, 1997 b. Time: 3:20 p.m. c. Place (Exact and Specific Location): on sidewalk - west side of Prosp.~-~ hCrw~ Main and Third Streets 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 necessar, Plaintiff slipped ar 11 on crack in sidewalk e. What particular action by the City, or its employees, caused the alleged damage or injury? Failure to prooer!v maintain the Citv sidewalk . 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". Plaintiff alleAedlv fractured her left ankle - see Plaint4 cf, -,- s claim, attached hereto as Exhibit "A" and incorpora herein by reference . Give the name(s) of the City employee(s) causing the damage or injury: LTnknown o Name and address of any other person injured' Unknown , Name and address of the owner of any damaged property: Unknown , 10. Damages Claimed- a. Amount claimed as of this date: See Plaintiff's claim R×h~_hit "A" b. Estimated amount of future costs' ' - c. Total amount claimed' d. Attach basis for computation of amounts claimed (include copies of all bills, invoices, e'stimates, etc.) Names and addresses of all witnesses, hospitals, doctors, etc. See Plaintiff's claim Exhibit "A" 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 dayof ~ , 19 ~7 Date Filed: 2:6:LAIM 17/96! Exhibit "A" CITY OF TUSTtN CL) , AGAINST THE CITY OF JSTIN ,'f-ne la~.*v provides genera!iy .'.:-,at a c!aim must be filed with 'the Cfty C:erk of the City cf Tustin within -- six (6} mont_h.,~a~er the incidentor even..` occurred, 8e sureyo~,rc~a~m is ~g~inst~he.Ci~y of Tustin. no~ another public entity. ~Vhe~e space ;s insufficie.~t, please use ~ddSional paper and identify information by paragraph number. Completed c[8[ms must be ma,;ed or delivered to the C~ty Clerk. City of TustM. 300 Centennial Way, Tustin, California 92780. ~,MHEN COMPL=---FING THIS FORM. PLEASE TYPE OR USE ~' Tn rh~ Hnnnr;ihlm htl~.tnr ~nc{, .r'itv Council, Cit,,, al Tu_.ti,-~, C-'.I:/' .... :~,. The undersigned respectfully submits [he foflov,,[ng clair.", and information relative to demag,, to person and/or proc)arty: o b. Address of C;lalman~.: d. Telephone Number: __ e. Da:e of Birth: /~ f. Social Security Number: g. Driver License Number: 1 Name, telephone, and post office address 1:o which ctai.m/a,~t de~ notices to be sent (if other than 'above}: o This claim is submitted against- a. The City of Tus:ir-, only. b. The fo[low;r,g empto,te, a{s} of the City of Tust;,~ o,nly- c... The Citt o,~rustin and zhe following emp/oyee(s)of the City of Tus~in 'oniY' Occurrence or event from which the claim arise~' ,,,. 77 b. Time: :~.' Z,O O,rTl c. ~[ace (Exa~ '" d. and-qpc~cif/c Locaz;or,)- On ¢idc. c,.Jr,..( 'r.. - c,,./e.~ z- s.,'c/~. az_.. .... Howland under 'what Circumstances did damage or ;~jur'¢ occur? Specify the ~ar~;cular occurrence, even~, act or omission you claim caused the inju,y or damage (use addi:ionaJ eo · ~ _ '~Jhat ~arzicul~r action by the City, or hs employees, caused ;~ alleged damage or iniury~ C~]ve a description ct ~ne ?n]ury, prooer-.y damage or toss so far kr:o'.';,~ at th~ time of this c:aim. II 5. Give the namens] of t. he City employee(s) causing the damage or . N~.me t~nd addre-~- of s,~¥ ~ther person ',,,ju,-_d' / Name and address of the o'w2ar of any damaged ;~roperw' Oa,,mages Claimed' a. Amoun~ c;aimed as of ~his daze: b. Estimated amount of future costs' c. Total ambunt claimed' _(J_ r',_ ~ ~¢-.,¢','~ .' '~ d. A~tach basis for computation of amoun.:s c:n~med (~nc:ude cop~es of all estimates, e~c.) '0. WARNING- IT IS ~ CRIMINAL OFFENSE TO FILE ~ FALSE CLAIM -- (Penal Code Section 72' Insurance Code Section I have read the matters a~'~d ~Latcf~,ut~t:~ made {n ~,he above claim and I know the same to be true af m.y own knowredge, except as to ~hose matters stated to be u¢o2. information or belief and as to suchma~,,ars I believe the same to b~zrue, lcer/~ifyunderpenaIwofparjur'!tha'the foregolng is true C';~imant's Signa .