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
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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 ~, // ~