HomeMy WebLinkAbout14 CLAIM OF J. JARVIS 01-05-98 LAW OFFICES OF WOODRUFF, SPRADLIN & SMA A PROFESSIONAL CORPORATION MEMORANDUM NO. 14 1-5-98' TO: FROM: DATE: RE: Honorable Mayor and Members of the City Council City of Tustin City Attorney December 19, 1997 Claim of Janelle Jarvis (by Ruth Ann and John Jarvis) RECOMMENDATION: After investigation and review by this office and the City's claims administrators, it is recommended that the City Council deny the claim and send notice thereof to the claimants and to the claimants' attorney. DISCUSSION: Janelle Jarvis a minor, was playing at the Tustin Sports Park and caught her hand in an Orange County Register newspaper dispenser. When she pulled her arm back the entire stand fell on top of her causing her injury. The injuries included a broken arm, contusions, cuts, scarring, and emotional distress. The parents claim emotional distress and loss of earnings as well. Based on our review of the facts to date, there is no evidence of a dangerous condition of public property. LOIS E. JEFFREY' Enclosure Office of the City Clerk November 3, 1997 Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re' Transmittal of Document(s) of Tustin ,.c /~/~. O0 Centennial Way - · Tustin. CA 92680 (714) 573-3026 FAX (714) 832-0825 · . Claimant' Janelle Jarvis by Ruthann Jarvis Claim No.' 97-44 Filed With City' 11-3-97 Receipt of Claim/Summons and Complaint by the City Clerk's Office on' Date' 11-3-97 Time- 9- 15 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 11-4-97 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, /"3. l~ /""] · Valerie Crabill ,~m~JJ' Chief Deputy_.~City Clerk i, ~ Enclosures City of Tustin 'r~IM AGAINST THE CITY OF ~STIN (For Lges to Persons or Pers¢ 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 92780 WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California: The undersigned rssp=~tfu!iy submits the following claim and inforr~ation relative to damage to person and/or property: Janelle Jarvis, a minor, by and through her Guardia] 1'. a. NAME OF CLAIMANT:Ad Lite_m, Rutb~nn Reis Jarvis; Ruthann Reis Jarvis b. ADDRESS OF CLAIMA/~T: IJb3Z Prospect Avenue J~l~ c. CITY/ZIP CODE: Santa Anna, CA 92705 d. TELEPHONE NO: (714 ) 669-9386 e. DATE OF BIRTH: Janelle 09/16/93; Ruthann 09/07/59; John f. SOCIAL SECURITY NO: Janelle: 625-70-2394; Ruthann 553-3b-~Zb4; g. DRIVERS LICENSE NO:Ruthann: N5802439 John:'bb4-Z3-01~l John: N4231595 2. Name, telephone and post office address to which claimant desires notices to be sent (if other than above): c/o Richard E. Donahoo, Esq., Horton Barbaro & Reilly, 200 N. Main Stree~ Second Floor, Santa Aha, CA 9Z~Ol 3. This claim is submitted against: a. xxx The City of Tustin only. b. The following.employee(s) of the City of Tustin only: Ce xx~ The City of Tustin and the following employee(s) of the City of TUstin ,only: Claimants d~scovery is continuing. Claimants are unaware of the names o~ any czty employees who may be responsible. 4. Occurrence or event from which the claim arises: a. DATE: August 8, 1997 b. TIME: approximately lt:0o a.m. c. PLACE (Exact and specific location): Tustzn sports Fark, i~850 Robin: 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 paper if necessary): On the above date~ the minor was playing at the Tustin Sports Park being watched by her mother. Outside the co~ee sta~ are news- paper dispensers. The minor caught her hand in t~e Orange.c~u~3~y Register Dispenser. When she Dulled arm, the entire stanu ze±± on top of her caus lng' personal ln]urzes. Darticu!? action by the City, or its employees, caused alleged damage r injury? Creatinq and .ntaining a dangerous co' cion of newpaper disp in a children'= play area, unsecured to groun~ which fail and in~e children. Jarvis 6. 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 iniuries". Investi at~~n is continuing, but injuries to minor include broken arm, contusions, cuts, scarring, emo~uu~ ~ .... ~_-~ .---- °shn clai~---e~ot- di-----~re~~, Load_of E~~~~~~~~:- Give the name(s) of the city emp~o~=; ~ ~ ~ U~nown at this time. 7. Name and address of any other person injured: Not applicable. ~. ~ame and address of the owner or any damaged property' 9. Damages claimed: Unknown at this time, but are above a. Amount claimed as of the date: . ' ' b. Estimated amount of future costs: ]urisdic~ional ~aini~u~ l~...~t uf c. Total amount claimed:, the Superior Court, State of CA. d. Attach basis for computation of amounts claimed (include copies o~' all bills, invoices, estimates, etc. 10. Names and addresses of all witnesses, 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 matt~'r be!~''~ the same tc-be .... true. I certify under penalty or perjury that the foregoing is TRUE AND CORRECT. Executed this ~ ~day of _~~ ,19~7_, at Tustin, California. DATE FILED: CLAIMANT' S · ~ ' n Ruthann ~eis Jar¥1s¥ G~.ardla Ad Litem for Janelle Jarvis, Bi:CLFORM / Ruthann Reiss Jarvis Revised 8/96 a minor 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26¸ 27 28 .. PROOF OF SERVICE BY CERTiFiED Y~.iL I, the undersigned, hereby declare that I em over the age os eighteen .years and not a party to the within action. My business address is 200 North Main Street, Second Floor, Sarma Ana, California 92701. On the date indicated below, I served by Certified Mail (return receipt requested) a true copy of the following documents: CLAIM AGAINST THE CITY OF T~STIN. said documents were served in a sealed envelope with postage thereon fully prepaid, in ~the United States mail at Sarma Ana, California, California, addressed to each of the below listed parties. City Clerk__ City of Tustin 300 Centennial Way Tustin, CA 92780 ctober 24, 1997 ~at Santa Aha, Executed on O I declare under penalty, of p~jury that i California,California the foregoing is true and correct. ~ ~ .' /I ~, // ~