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HomeMy WebLinkAbout13 CLAIM NO. 96-20 06-17-96. -, LAW OFFICES OF WOODRUFF, SPRADLIN & SMAR A PROFESSIONAL CORPORATION MEMORANDUM NO. 13 6-17-96 TO: Honorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: June 11, 1996 RE: Claim of Christine Sobotor; Claim No. 96-20 RECOMMENDATION: After investigation and review it is recommended that the City Council deny the claim and direct the City Clerk to provide notice to the claimant and to the claimant's attorneys. BACKGROUND: This is a claim for personal injuries in an amount exceeding $25,000 arising from a fall the claimant took while walking south on San Juan Street on the west sidewalk. This does not appear to be a case of City liability. The claimant may have a claim against a contractor that had been working in the area. LOIS E. JEFFREY/,/// O Enclosure cc: William A. Huston, City Manager Valerie Crabill, Chief Deputy City Clerk 1100-00022 30855._1 LAW OFFICES OF LEON P. GILBERT WOOl)LAND 1111. L.g OFFICI.i - GII.BI.:RT LA\V BUILDING 22130 CLAI~ENDON STR. I/ET · \VOODLAND I IILLS. CALIFORNIA 91367 (1~1~) 883-2g89 · (213) 272-8781 FAX {818) 883-5569 May 15, 1996 Clerk CITY OF TUSTIN 300 Centennial' WaY Tustin, CA 92680 Re: Claim for Damages Dear Clerk: Enclosed please find the original and three copies of the Claim for Damages pertaining to our client Christine Sobotor. Please file the original and return the conformed copies to this office in the envelope provided. Thank you for your courtesy and cooperation regarding this matter. Very truly yours, . --~ ...,- ...--' / / LEON P.~'GILBERT LPG:cwb Enclosures 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 2._. 24 25 26 27 28 LAW OFFICES OF LEON P. GILBERT 221 30 Clarendon Street Woodland Hills, California 91367-6393 (81 8) 883-2889 LEON P. GILBERT- State Bar g30501 Attorney for Claimants CHRISTINE SOB©TOR Claim of CHRISTINE SOBOTOR ) ) v ) ) CITY OF TUSTIN and DOES 1 to 50, ) inclusive,' 'as individuals and' in their ) official capacities as employees, agents ) and/or subcontractors of the City of La ) Tustin ) CLAIM FOR PERSONAL INJURIES (SECTION 910 OF THE GOVERNMENT CODE) To: Clerk CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 YOU ARE HEREBY NOTIFIED that CHRISTINE SOBOTOR, whose address is claims damages from the CITY OF TUSTIN and DOES 1 to 100, inclusive, as individuals and in their official capacities as employees, agents and/or subcontractors of the City of Tustin, in an amount undetermined at this time but within the jurisdiction of the .Superior Court. when and Where Damage or Injury Occurred This claim is based on personal injuries sustained by claimant CHRISTINE SOBOTOR on or about November 22, 1995 at approximately 7:30 p.m., at or near 1062 San Juan Street, Tustin, California. HOW Damage or Injury Occurred At the above mentioned time and date claimant was walking south on San Juan Street on the west sidewalk. The area was dark, there were no street lights near said lambert\claim. O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 location and as claimant was walking in front of the home located at '1062 San Juan Street the sidewalk suddenly ended, with no warning, due to construction work that had apparently been taking place earlier in the day. Claimant tried to walk around the hole created by the construction work by stepping onto a curb which was higher than the dirt surface below it, but fell off said curb onto the concrete sidewalk. The Particular Act 9r Omission Which Caused the Injury or Damage CITY OF TUSTIN and DOES 1 to 50, inclusive, as individuals and in their official capacities as employees, agents and/or subcontractors of the City of Tustin were responsible for the operation, maintenance, and control of the streets, highways, sidewalks and other, public areas of the City of Tustin. CITY OF TUSTIN and DOES 1 to 50, inclusive, as individuals and in their official capacities as employees, agents and/or subcontractors of the City of Tustin negligently and carelessly maintained, managed, and controlled the above-described location in that they allowed a dangerous condition to exist on the sidewalk/curb/street area of San Juan Street and did not properly repair, warn, provide iiqhting, protect, guard, clean, maintain or take any other affirmative precautions to prevent the risk of harm to persons such as claimant. CITY OF TUSTIN and DOES 1 to 50, inclusive, as individuals and in their official capacities as employees, agents and/or subcontractors of the City of Tustin knew, or in the exercise of reasonable care should have known, that said location and the above-described sidewalk area constituted a dangerous condition but failed to make the condition of said construction area safe, all of which caused plaintiff to fall violently to the surface of the concrete sidewalk, proximately causing the injuries and damages as hereinafter alleged. Damage or Injuries The injuries sustained by claimant CHRISTINE SOBOTOR, as a result of this incident include but are not limited to' abrasions/contusions to both knees, abrasion of the right palm, strain of the lumbar spine, and strain of the right hip. Iil lambert\claim. O - 2 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amount Clpimed on Account of Injury or Damage Medical bills and other expenses, as of the date of presentation of this claim, are unknown, but within the jurisdiction of the Superior Court. The total amount claimed, as of the date of presentation of this claim, is undetermined at this time but within the jurisdiction of the Superior Court. Notices or Communications Reqarding this Claim All notices or other communication with regard to this claim should be sent to the LAW OFFICES OF LEON .P. GILBERT at 22130 Clarendon Street, Woodland Hills, California 91367, (81 8) 883-2889. Dated' May 15, 199.6... · . LAW OFFICES OF LEON P. GILBERT. LEON P. GILBERT Attorney for Claimant lambert\claim. O - 3 -