HomeMy WebLinkAbout12 CLAIM AMOROSA 05-05-97 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMART
A PROFESSIONAL CORPORATION
NO. 12
5-5-97
TO' Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE: April 30, 1997
RE:
Claim of Jeanette & Charlene Amorosa; Claim No. 97-13
RECOMMENDATION:
After review by this office and investigation by the City's Claims Administrators, it
is recommended that the City Council deny the claim and direct the City Clerk to provide
notice thereof to the claimant and claimant's attorneys.
DISCUSSION:
This claim involves a pedestrian accident in which Mr. Charles Amorosa was struck
and killed as he was crossing La Colina Drive near Kenwood Lane. The City's Claims
Administrators have notified the claimants through their attorneys that the accident
occurred outside the jurisdiction of the City of Tustin in the unincorporated territory of the
County of Orange. The Claims Administrator has reminded the attorneys for the claimants
of the provisions of Code of Civil Procedure Section 1.038, that would allow the City to seek
recovery of its attorneys fees and costs, in the event of any litigation filed against the City.
This was a tragic accident, but the City of Tustin had no involvement whatsoever.
LOl~ E. JEFFRE'~' J/{/'
Enclosure
cc: William A. Huston, City Manager
1102-9713
45445_1
Office of the City Clerk
April 10, 1997
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re:
Transmittal of Document(s)
Claimant- Jeanette & Charlene Amorosa
Claim No.' 97-13
F. iled With City- 4-9-97
': .-.., ,, ..,. City of Tustin
... .'?,//.~
".'? ,""-. 300 Centennial Way
'~tO/'~b '4/~ '~.,,~' ~"'~ (714) 573-3026
Tustin, CA 92680
.,
FAX (714) 832-0825
Receipt of Claim/Summons and Complaint by the City Clerk's Office'on'
Date' 4-9-97
Time' 8'45 a.m.
By'
Personal Service upon the undersigned
Regular Mail
Certified/Registered Mail
Interdepartment Del ivery
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 Rourke,
Woodruff & Spradlin, Attn: Lois E. Jeffrey, City Attorney. By this
letter, you are authorized to commence the necessary investigation of this
claim on behalf of (he 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. Upo& 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 4-10-97 to the City Attorney
and Department Head, and the original was forwarded to the Finance Department.
SiAcerely, ,
· .q · ~ i
Beverley White t/ J
Deputy City C16r-k
Eric t osures
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LA\V OI:FICILS OF
FARNELL & KOONTZ
'I'iLIAL LA\~'ERS
RONALD E NOIL\IAN. BAR NO. I(H752
4675 MAC.~RTHUR CO[IRT. 12TH I"LOOR
NEVVI'ORT BEACH. CALIFOILNIA 92660- I$'t 9
PHONE (714) 553' 1300; FAX (714) 553 0904
(SI'ACE IIEI.()\V
Attorneys for Claimants
CLAIM AGAINST GOVERNMENT ENTITY
JEANETTE B. AMOROSA, CHARLENE
AMOROSA, and EXECUTRIX OF THE
ESTATE OF CFL4.RLES AMOROSA,
Claimant,
VS.
CITY OF TUSTIN,
Respondent.
NOTICE OF GOVERNMENT CLAIM
[Government Code section 910]
TO:
CITY OF TUSTIN
ATTENTION: CITY CLERK
300 CENTENNIAL WAY
TUSTIN CA 92780
(714) 573-3025
claim:
///
The Claimants hereby make a claim against the CITY OF TUSTIN and state the following
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1)
2)
3)
The post office address of the Claimants is:
c/o
FARNELL & KOONTZ
Trial Lav, b,ers
4675 MacArthur Court, Suite 1200
Nexvport Beach, CA 92660-1849
(714) 553-1300
All notices concerning this claim should be sent to that address.
The date and place of occurrence giving rise to this claim are as follows'
(a)
(b)
November 20, 1996;
The approximate intersection of La Colina Drive and Kenwood Lane in the
County of Orange.
Circumstances giving rise to this claim are as follows:
(a) On or about November 20, 1996, pedestrian, CH?DLLES AMOROSA,
husband to Jeanette B. Amorosa and father of Charlene Amorosa, was struck
and killed as he began crossing La Colina Drive from north to south, by a
vehicle proceeding westbound on La Colina Drive.
(b) Without limiting the areas of potential negligence, as there has been no
discovery conducted at this time, the CITY OF TUSTIN and its employees
negligently created and allowed an unsafe condition of public property, to wit:
by the negligent design of the street and intersection in and around the area of
La Colina Drive and Kenwood Lane; failing to properly establish and maintain
speed limits; not providing appropriate stop signs, traffic control signals or
other safeguards in and around the area of the subject accident; failing to
provide any type of warning of pedestrian activity orany other warning signs
in the area of the' accident; failing to provide any form of intersection lighting
or street lighting at the subject intersection or in the area of the accident
location; failing to provide any sidewalks or adequate and appropriate
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(c)
DATED- APril 7, 1997
· CITY OF TUSTIN Government (?latm
crosswalks and/or crossing lanes in the location of the accident site; by
creating a roadway in the area of the accident location which is conducive to
higher speeds of traffic despite notification by residents of the dangerous
condition of the roadway; failing to conduct sufficient traffic / speed surveys
and/or safety investigations in the subject area; and failing to properly patrol,
monitor and maintain the.roadway near the ~accident location so as to eliminate
or reduce the number of speeding, careless and/or reckless drivers.
As a result of this negligence and other negligence of the CITY OF TUSTIN,
Claimants have suffered injuries and general and special damages in excess of
the minimum jurisdiction of the Superior Court of the State of California.
FARNELL & KOONTZ
Trial Lawsers
~ONALD E. NORMAN Attorneys for Claimants
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PROOF OF SERVICE
1013A (3) CC.P. Revised 5/1/88
STATE OF CALIFORNIA
COUNTY OF ORANGE
I am employed in the County of Orange, state of California. I am o,,,er the age of 18 and not a party
to the within action; my business address is 4675 MacArthur Court, Suite 1200, Ne'`,,-port Beach, CA
92660-1849.
On April 7, 1997. I serYed the foregoing docUment described as:
NOTICE OF GOVERNMENT CLAIM
[Government Code section 910]
on the interested parties in this action
/' 7 by placing a true copy thereof enclosed in a sealed en,,,elope addressed as stated below':
.7)( by placing th~thereofenclosed in a sealed envelope addressed as stated belo,,v:
CITY OF TUSTrN
ATTENTION: CITY CLERK
300 CENTENNIAL WAY
TUST1N CA 92780 (714) 573-3025
/X/ BY MAIL
/X/ As follows: I am "readily familiar" with the finn's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that
same day with postage thereon fully prepaid at Newport Beach, California in the ordinary course of
business. I am aware that on motion of the party served, service is presumed invalid if postal cancellati°n
date or postage meter date is more than one day after date of deposit for mailing in affidavit.
Executed on April 7, 1997, at Newport Beach, California.
I declare under penalty of perjury under the laws of the State of California that the above is true and
correct'. ' ·
/~{ PATRICIA A. LAWSON