HomeMy WebLinkAbout07 CLAIM AMER. INS. 10-06-97 LAV~ OFFICES OF
WOODRUFF, SPRADLIN & SMART
A PROFESSIONAL CORPORATION
MEMORANDUM
NO. 7
10-6-97 '
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM' City Attorney
DATE:
September 26, 1997 ·
RE:
Claim of American Insurance for Culver Distribution; Claim No. 97-23
RECOMMENDATION'
After review and investigation by the City's claims administrators and by this office,
it is recommended that the City Council deny the claim and send notice thereof to the
claimant and the claimant's attorneys.
DISCUSSION:
The insurance company is seeking an amount it paid the owner of a delivery truck
for damage to the truck when the truck hit a City owned tree. The claimants allege that a
Iow hanging branch caused' the damage. However, the City's investigation indicates that
the truck hit the tree, not a branch and that the tree branches were within the accepted
overhang standard of 14 feet. There is no evidence of any negligence in the City's
ownership or maintenance of the tree.
LOIS E. JEFF
Enclosure
cc: William A. Huston, City Manager
1102-9723
52760_1
Claim Number:
CITY OF TUSTIN
CL i'M AGAINST THE CITY OF FUSTIN
(For Damages to Persons or Personal PropertY)
B170A-97-410442
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within
s. ix (6)'months after the incident or event occurred. Be sure your claim is against theCi"[yofTustin,
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: Culver Distribution, Inc. DBA: California Distribution
Address of Claimant: 14407 A/ondia Blvd.
City/Zip Code: La Mirada, CA 90638
Telephone Number: (714) 562-0814
Date of Birth' 6/19/48
Social Security Number: Unknown
Driver License Number: PO492625
.
Name, telephone, and post office address to which claimant desires notices to be sent (if other
than' above): The American Insurance Company, P.O. Box 1975, Santa Aha, CA 92702
(714) 669-7536
,
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: 12/27/96
b. Time' 1420
c. Place (Exact and Specific Location)'
17802 Irvine Blvd., l~_~tin, CA 92680
di
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
p'aper if necessary:
hop right corner '
--aveling E/B Irvine Blvd. #3 3
~ aility van.
when tree limb damaq~
e.
What particular action by the City, or its employees, caused the alleged damage or injury?
Failure to maintain heiqht of trailer 9'13" - vehicle code allows u~ to 13'6"
.
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".
$1306.89 property damages (includes insured's ($500 deductible). No injuries.
.
Give the name(s) of the City employee(s) causing the damage or injury'
.
Name and address of any other person injured'
N/A
.
Name and address of the owner of any damaged property:
City of Tustin
,
10.
Damages Claimed:
a. Amount claimed as of this date:
$1306.89
b. Estimated amount of future costs: None
c. Total amount claimed: $1306.89
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.
Incident report #96-09236 attached
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 matters I believe the same to be true. I certify under penalty of perjury that the f°regoing is true
and correct. .
Executed this ~0¢~ day of /,~,~,~_ , 19 ~ Z.
Date Filed: ~//~J~/~Z
2:CLAIM (7/96)