HomeMy WebLinkAbout13 CLAIM L. QUINN 04-07-97 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMAIx ·
A PROFESSIONAL CORPORATION
MEMORANDUM
NO. 13
4-7-97
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE: April 2, 1997
RE:
Claim of Louise Quinn; Claim No. 96-52
RECOMMENDATION'
After investigation and review, it is recommended that the City Council deny the
claim and send notice thereof to the claimant and the claimant's attorneys.
DISCUSSION:
This claim involves a trip.and fall accident at Centennial Park. The claimant alleges
that while walking across the grounds at Centennial Park she tripped and'fell over a short
metal object sticking out of the ground. The claimant alleges that she sustained an injury
to her knee which resulted in an infection, and plastic surgery with a skin graft to the knee
area. The amount of damages alleged is in excess of $25,000. The investigation of the
City's maintenance of the park does not indicate any dangerous condition of public
property as alleged by the claimant. The claimant lives in the eastern United States.
Attempts to contact the claimant's attorneys regarding more details on the slip and fall have
been unsuccessful. At this time, the City has insufficient information to indicate any liability
on the part of the City of Tustin.
Enclosure
cc: · William A. Huston, City Manager
LOIS E. JEFFRE'¢' 0
1100-00001
44055_1
Office of the City Clerk
January 3, 1997
Carl Warren & Co.
P. O. Box 25180-
Santa Ana, CA 92799-5180
Re:
Transmittal of Document(s)
Claimant- Louise Quinn
Claim No.' 96-52
Filed With City' 12/30/96
C
ity of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
,.,.?~ (714) 832-0825
Receipt of Claim/Summons and Complaint by the City Clerk's Office on-
Date- 12/30/96
Time- 9:20 a.m.
By:
X
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 indicat'ed 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 the City.
We request that you give s'uch 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 1/3/97 to the City']:'Atto'Pney.,
Department Head, and the Finance Department. ' ..................
Si.ncerely,
White
/~/L~everl e~i ty Clerk
~~/ ~'res
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Frank P. Barbaro
BAR #044417
HORTON BARBARO & REILLY
200 North Main St., 2nd Fl.
Post office Box 4279
Santa Ana, California 92702
(714) 835-2122
Attorneys for Plaintiff
LOUISE QUINN
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
LOUISE QUINN,
Plaintiff,
vs.
) No.
) GOVERNMENTAL CLAIM FOR PERSONAL
) INJURY AND DAMAGES [PURSUANT TO
) GOVERNMENT CODE § 910, ET SEQ.]
)
CITY OF TUSTIN, and DOES 1 to )
50, Inclusive, )
· )
Defendants. )
TO:
CITY OF TUSTIN
c/o City Clerk
300 Centennial Way
Tustin, CA 92780
PLEASE-TAKE NOTICE THAT Claimaint LOUISE'QUINN hereby makes
claim against the above and makes the following statements in
support of the claim:
·
1. This claim is presented by Horton Barbaro & Reilly,
attorneys at law, on behalf of LOUISE QUINN. Claimant's address
is-
·
Louise Quinn
Ail notices with regard to this claim should be directed
to Claimant's attorneys:
Frank P. Barbaro'
HORTON BARBARO & REILLY
200 N. Main Street, Second Floor
P.O. Box 4279
Santa Ana, California 92702
3. The date and place of the occurrence giving rise to this
claim are July 4, 1996, in Centennial Park in the City of Tustin,
County of orange, State of California. Said property is owned,
operated and maintained by the City of Tustin, and Does 1 through
50, and each of them.
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11 follows:
The circumstances giving rise to this claim are as
12 a. This is a claim for personal injury arising out of
13 the negligent design, construction, ownership, assembly, and
14 maintenance of the park area, including, but not limited to, lack
15 of signs, warnings, improper planDing, aDd/or defective eqUipment
16 creating a dangerous condition and/or concealed trap, which was the
17 cause of. injury of Claimant, LOUISE QUINN.
.
18 b. At the above time and place, Claimant, LOUISE QUINN
19 was walking across the ground in Centennial Park, and was injured
20 when she tripped over a short metal object sticking out of the
21 walkway entering the picnic area causing severe injuries,
22 including, but not limited to a severe knee infection, knee
23 scraping, bursal sac removal and plastic surgery with skin graft to
24 the knee.
25 c. Claimant alleges that the aforementioned area was
26 negligently designed, constructed, owned, assembled, and/or
27 maintained in that there was a lack of signs, warnings, improper
28 planning, and/or defective equipment.
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d. As a direct and proximate result of these
conditions, Claimant, LOUISE QUINN, was injured.
e. Prior to this incident, the City of Tustin, and
DOES 1 through 100, inclusive and each of them, had actual and/or
constructive notice of the dangerous condition and/or concealed
trap, as hereinabove described, in sufficient time prior to the
injury to have taken measures to protect against the dangerous
condition. Claimant alleges that complaints by other individuals
have been made prior to the date of the accident on July 4, 1996,
to the City of Tustin, and/or DOES 1 through 100, inclusive and
each of them, in sufficient time for the necessary changes to be
made to prevent the occurrence of such an accident.
5. Claimant states that the City of Tustin, and DOES 1
through 100, inclusive and each of them, were acting within the
course and scope of ~employment %t the direction, supervision,
instruction and control of the City of'Tustin, and Does 1 through
100.
6. The names of the employees, independent contractors
and/or agents who were working for the City of Tustin, and DOES 1
through 100, inclusive and each of them, and who were responsible
for the incidents described above are unknown to Claimant at this
time. Claimant further contends that the City of Tustin, and DOES
1 through 100, inclusive and each of them, while acting as
principal, master and/or employer of the above-named individuals,
were negligent in the selection, hiring, training, maintenance,
supervision, and retention of same.
7. Claimant asserts that discovery is still continuing
regarding the circumstances of the accident in which Claimant,
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LOUISE QUINN, was injured. Claimant reserves the right to modify
this claim and amend any subsequent complaint upon discovery of'
information pertaining t° same.
8. Claimant, LOUISE QUINN'S, claim as of the date of this
claim is in an amount that would place it within the jurisdiction
of the Superior Court. The claim is based on injury, wage and
other losses in amounts to be proved later.
Dated:
December 23, 1996
HORTO~~EILLY
~ ~Fr~k P~,_a~=orneQs~or~-rb~Taimant ~
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1 PROOF OF SERVICE BY MAIL
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I am employed in the County of Orange, State of California.
I am over the age of 18 and not a party to the within action; my
busines~ address is 200 North Main Street, Second Floor, Santa
Ana, california 92701.
On December ~-~, 1996, I served by mail the foregoing
document(s) described as: GOVERNMENTAL CLAIM on the interested
parties in this action by placing a true copy thereof enclosed in
a sealed envelope addressed as follows:
City of Tustin
c/o city Clerk
300 Centennial Way
Tustin, CA 92780
I am "readily familiar" with the firm ' 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 Santa Ana,
California in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after
date of deposit for mailing in affidavit.
Executed on December~3~, 1996 at Santa Ana, California.
I declare under penalty of' perjurund.~--~he/~aw~.,o~ the
State of California that the above is"
L'~ ~ KIM VALENTINE
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