HomeMy WebLinkAbout05 CLAIM J. NIEMIEC 01-21-03 NO. 5
AGENDA REPORT
MEETING DATE: JANUARY 21,2003
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
CLAIM OF JAMES NIEMIEC; CLAIM NO. 02-30
SUMMARY:
After investigation and review by the City's Claims Administrator, the City Attorney is
recommending denial of the claim.
RECOMMENDATION:
Deny the claim and direct the City Clerk to send notice thereof to the claimant and the
claimant's attorneys.
DISCUSSION:
The claimant has been living at the same address in the City for thirty years. When he
was recently driving a motor home, he moved the motor home at the curb in front of his
house. The motor home hit a City tree which was leaning into the street. Claimant
seeks to be reimbursed for damage to the motor home. In this case, the claimant was
fully aware of the location of the tree. The tree was an open and obvious condition that
he should have used care to avoid. The City does not have any liability.
ATTACHMENT:
Copy of the Claim
162374.1
DEC 26 '02 08:03AM CITY OF TUSTIM
Office of the City Clerk
iii ii iii
IIII I II I I= I Lii
November 26, 2002
,i, ,
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re:
Transmittal of Document(s)
Claimant : ]ames A, Nlemiec
City Claim No: 02-30
Filed With City:11/25/02
Receipt of Claim/Summons/Complaint
By: Personal Service
I [] I ~1 Iq I
City of Tustin
300 Centennial Way
Tustin, CA 92780
714.,573.3026
FAX 714,832,0825
The enclosed records were presented to this office as indicated above and have been
referred to the appropriate City department for Investigation and also to the offices of
Woodruff, 5pradlin and Smart, Attn: Lois E. Jeffrey, City Attorney. By this letter, you are
authorized to commence the necessary investigation of thls 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 ali subsequent reports
to the City, with a copy to the City Attorney and to the insurance carder(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.
A copy of this letter and enclosures were sent on Nove. _tuber 26, 200~_ to the City Attorney
and Department Head, and the original was forwarded to the Finance Department.
Sincerely,
Marcia Brown
City Clerk's Office
Enclosures: (as above)
C:
City Attorney
Department
Finance Department (orig copies)
DEC ~6 '02 08:03AM CITY OF TUSTIM
'" . CITY OF TUSTIN '
'C~ AGAINST THE CITY OF Tfj~TIN
~ ',...,..,~ q, (For Damages to Persons or Personal Property)
~,~. ;; ,.'.. :. /.,;+"'~.~,~ ,~ ' . .
,,,,,,,,,4~ :n ;~!~_~' t at &'~'~l~im must be filed with the City Clerk of the City of Tustin within six fG)
The law ~,,,.,,,,,.,,,-. ~ ........ . h ..:~.. , -
months after the Incident or event °c~urred. 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 respectfully submits the following-claim and 'information relative to damage to person
·
and/or property:
,
,
a. Name of Claimant:
b. Address of Claimant:
c. City/ZipCode:
d. Telephone Number: ' '
e. ' Date of Birth: · , .
f. Social Secudty Number: ._ ~--
.
,
Name,· telephone, and,posit ~office address to Which claimant desires notices to be sent (if other than
above):_ ,,
0
This ~m 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 eyent fro,~.m which the claim arises:
a, Date: 0>¢'~ ~ '2_ OQ '~-
b. Time: ..PCrvN '
c. Place~E~act a~d Specific Location): ('~ t.~,~ ~' ~' <; \-,--~3 w~ e . .(~_. t ~ !-~ t
d. How and under Wha~r'cumstances did damage or injury occur? Specify the partlculai
occurrence, event, act or omission you claim caused the injury or damage (use additional
o
DEC 26 ~0~ 08:04AM CITY OF TUSTIM ~
paper' if,necessary: ~....~:>.~_ .~ .
P.5
e. What particular action by the city, or its employees, caused the' alleged damage or injury?
Give a description of the injury, property damage or loss so far' known at the time of this claim. If
there were np~injgl~es, ~itate "no injuries".
6,
Give the name(s) of the City employee(s) causing the damage or injury:
.
Name and address of any other person Injured:_ ~-' ~ '
Name and address of the owner of any damaged property:
,.
.
10.
Damages Claimed:
a.
b.
C.
d.
Amount claimed as of this date: ~' I L~ ~ 5 '~--L~'
Estimated amount of future costs:
Total amount claimed:
Attach basis for computation of amounts claimed (inclu. de copies of all
estimates, etc.)
bills, invoices,
.
Names ,and .addresses of all witnesses, hospitals, doctors, etc.
WARNING:
IT IS A CRIMINAL OFFENSE TO FILE A FALSE ~LAIM
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and staiements 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 penaitg of perjury that,the foregoing is true and correct.
claimant's Signature: ,~." _~ [~-~'¢''~'='~'-''/ '
Executed this ;~[..~" % d~ o,_' .¥-'~ o .~6~,~.,~ (~ %--' · ' .., 20 0_._~_,..
, .
., 20_______.
Date filed this day of
2;CLAIM (1/00)
DEC 26 '02 OB:OSRM CITY OF TUSTIH
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