HomeMy WebLinkAbout10 CLAIM 95-40 01-15-96 LAW OFFICES Of ~
ROURKE. WOODI~UFF & SPk. DLIN
A PROFESSIONAL CORPOI~ATION
NO. 10
1-15-96
MEMORANDUM
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
January 8, 1996
Claim of Cindy Ann Baratta; Claim No. 95-40
RECOMMENDATION-
After investigation and review by the City's claim administrators and this office, it is
recommended that the above-referenced claim be rejected and that the City Clerk be
directed to give proper notice of the rejection to the claimant and to the claimant's attorney.
DISCUSSION:
This claim for $550,000 is based on an injury that occurred to Ms. Baratta while she
was jogging on a City sidewalk. She alleges that a yucca tree, hanging several feet over
the sidewalk, pierced her eardrum. She alleges that the'City of Tustin failed to properly
maintain the City's sidewalk. Our investigation shows that the tree in question is owned by
a private property owner, and the City had no prior notice of this condition. The property
owner and the property owner's insurance carrier have been placed on notice of this claim.
Rather than the City of Tustin, the property owner is responsible for this injury.
LOIS E. JEFF~E,x(~
Enclosure
cc: William A. Huston, City Manager
Ronald Nault, Finance Director, Treasurer
Pamela Stoker, City Clerk
1102-09540
22878_1
city of Tustin .. ~
c, AGAINST THE CITY OY T
(For Damages to Persons or Persona~-lJProperty)
Tt:e law provides generally that a claim must be filed with. the city Clerk of
the city of Tustin within 6 noDths after the incident or event occurred. B
sure your claim is against the City of Tustin, not another public entity.
Where' space is insufficient, please use additional paper and identify
· +' ~-o*ion by paragraph number Completed claims must be mailed or
delivered to the city Clerk, city of Tustin, 300 Centennial Way, Tustin,
California 92680
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BL~,C~ 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 CLAIMA2qT: Cindy Ann Baratta
b. ADDRESS OF CLAIF~ANT:
d. TELEPHONE NO: ~
f. SOCIAL SECURITY NO:
2. Name, telephone and post office address to'which claimant desires notices
to be sent (if other than above):
Send notices to my Attorney of Record: Seen Ward, Esq., 23440 Hawthorne Blvd.
Suite 210, Torrance, CA 90505 (310) 375-2464
3. This claim is submitted against:
a. X The City of Tustin only.
b. .The following employee(s) of the City of Tustin only:
The City of Tustin and the following employee(s) of the City
of Tustin only:
4. Occurrence or event from which the claim arises:
a. DATE: 6-10-95
b. TIME: · Aporoximatelv 9: 00 A.M.
c. PLACE (Exact and specific location):_ ._~_ity sidewalk on Redhil]
approximately 5 houses f. rQm..~h.e corner of B_~yan Avenue ~n
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):
I was jog~in~ on the sidewalk, travelling sou~h on Redh~]] ~ppr~£h~ng. Bryan
f Tustin filed to properly main~%n
e. W~3,T particular ~tion, by the City, or employees, caused the
o alleged damage ~, injury?
City of Tustin ~alled to cut back a Yucca tree that overhung several feet
over city sidewalk.
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 injuries".
Yucca tree branch pierced my eardrum~ then entered~_my~ middle ear and inner ear
causing permanent hearing loss (complete) in that ear;_~permanent vertigo.
6. Give the name(s) of the city employee(s) causing the damage or injury:
Unknown at this time.. Investigation & discovery .are continuing.
7. Name and address of any other person injured: None.
8. Name and address of the owner or. any damaged p~ operty:' None.
9. Damages claimed: Investigation & discovery are continuing.
a. Amount claimed as of the date: $50,000.
b. Estimated amount of future costs: $500,000.
c. Total amount claimed: $550,000.
d. Attach basis for computation of amounts claimed (include copies ~of
all bills, invoices, estimates, etc. '
10. Names and addresses of all witnesses, hospitals, doctors, etc.
Investigation & discovery are continuing.
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 ~o 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 or perjury that the foregoing is TRUE AND
CO~ECT.
Executed this~~day of ~--~~ ~ ,19 ~, at Tustin, California.
DATE FILED:
·
CLAI~XNT ' S ~E
BI: CLFORM
Revised 4/29/91