HomeMy WebLinkAbout03 CLAIM NO. 96-22 07-15-96 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMAR'
A PROFESSIONAL CORPORATION
NO'. 3
7-15-96
MEMORAN'DUM
TO:
Honorable Mayor & M~mbers of the City Council
City of Tustin
FROM:
City Attorney
DATE:
July 9, 1996
RE'
Claim of Julie EI-Tawil; Claim No. 96-22
Recommendation:
After investigation and review by this office and the City's claims administrator, it is
recommended that the City Coun~;il reject the claim and direct the City Clerk to provide
appropriate notice to the claimant and to the claimant's attorneys.
Discussion:
The plaintiff seeks damages in excess of $597 due to an injury she suffered when
she fell while playing volleyball at the Columbus Tustin.gym. An inspection of the area
where this incident occurred, reveals that the gym floor is in excellent condition, with no
apparent defects. The claimant's statements to date indicate that she does not remember
how she fell; she did not look at the floor afterwards to see if there was anything wrong with
it; and she could not state if anything was wrong with the floor prior to her accident. The
City's liability claims administrator has corresponded with the plaintiff, alerting the plaintiff
to the fact that City liability is dependent upon a dangerous condition of public property,
which is not apparent in this incident.
Enclosures
Cc: William A. Huston, City'Manager
1100-9622
32142._1
July 1, 199(~~
Juli
14~North Yorba Street, Apartment 18
Tustin, CA 92680
·
RE: Our Principal : City of Tustin
D/Accident : 4-24-96
Our File No. : S 88118 EGB
Dear Ms. E1-Tawil: -
As you know, we are the Liability Claims Administrators
for the City of Tustin.
We' have investigated the claim you recently submitted
to the City and we have concluded that the City is not
liable for the injuries you sustained at the Columbus
Tustin Gym on the above-captioned date. For there to
be liability on the City, there would have to be a
dangerous condition of public property.which we do not
believe existed at the time of your accident.
Accordingly, we will request that the City forward you
a rejection letter in the very near future.
If you wish to discuss any aspect of this claim, please
feel free to contact me at any time.
Very truly yours,
CARL WARREN & CO.
Edward Garbo
EG:mcw
cc: City of Tustin
Attn: Ron Nault, Finance Director
~ Woodruff, Spradlin & Smart
Attn: Lois E. Jeffrey, City Attorney
CARL WARREN & CO.
CLAIMS MANAGEMENT. CLAIMS ADJUSTERS
750 The City Drive o Suite 400 - Orange, CA 92668
Mail: P.O. Box 25180 - SantaAna, CA 92799-5180
Phone: ('714) 740-7999 · ('800) 572-6900 - Fax: (714) 740-7992
~ City of Tustin
C, '" AGAINST TEE CITY OF TU ~N
(For Dame to Persons or Personal ~operty)
The law provides generally that a Claim must be filed with the City Clerk of
the City of'Tustin within 6 month__s after the incident or event occurred· 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. Compieted claims must be mailed 'or
delivered to the City Clerk, City of Tustin 300 Centennial Way, Tustin,
California 92680 ·
W~tEN COMPLETING T~IS FORM, PLEASE TYPE OR USE BLACK
--
TO THE HOKORABLE MAYOR.AND CITY COUN'ClL, City of Tustin~ California-
The undersigned respectfully submits the following claim and information
relative'to damage to' person and/or property:
b ADDR.ES ~ ...... ' '~ ~ ' ~ ~ ~ {:0 i J
· '~e. '
d. TELEPHONE NO'' ~ ' · ' "
e. DATE OF BIRTH: ~
f. SOCIAL SECURITY NO:
·
·
2. Name, telephone and post office address to which Claimant desires notices
to be sent (if other than above)-
3. This claiD is submitted against:
ac .v/~
_____ The City of Tustin only.
b. _ _ The following employee(s) of the City' of TuStin only:
Ce
The' City of Tustin and the
of Tustin only:
following employee(s) of the City
4. Occurrence or event from which the claim arises:
c. P "~CE
.u
d. HOW and under what circumstance did damage or injury occur?
t~.e P..ar. ticular.occurrence, event, a ' . . . Specifv
~t~.e ln]ury or damaae fUs= =~=-'=-' ' - or omission you claim
,b /~ /~.~u~lona~ paper i.f, necessary): cans
ri L..- I: , '[ - .
e. W?LAT particular ction by the City, or its employees, caused the
alleged damage c ~'njury?
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".
~ ) - . , ~ , .
6. Give the name(s) of the City employee(s) causing the damage or injury:
7. Name and address of any other person injured-
8. Name and address of the owner or any 'damaged property:
9. Damages claimed'
a. Amount claimed as of the date- /~ 07 q-~-~ ~~,~_q0 .~ ~c~
b. Estimated amount of fu%ure costs:
c. Total amount claimed: '
d. Attach basis for computation of amdunts claimed (include copies
all bills, invoices, .estimates, etc.
10. Names and addresses of all witnesses, hospitals, doctors, etc.
. . .
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 to be true of my own knowledge, except as to those matters stated to be
upon information or belief and ~s to such matters I believe the s~me to be
true. I certify under penalty or perjury that the foregoing is TRUE AND
CORRECT.
Executed this ~~day of
,19 ~,' at Tustin, California.
~LA~FJd~T' S SIGNATURE
Bi'CLFORM
Revised 4/29/91
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Hahn & Bowersock, A CorporaTion
REPORTER: ELTAJU Ju{ie E{-Tawil
CUTOFF: 04/26/96 GROUP: Al{
INV DATE JOB# JOB DATE INV#
04/16/96 93175 03/27/96 150136
04/19/96 93427 04/04/96 150409
04/23/96 93539 04/08/96 150630
04/23/96 938~1 04/18/96 150604
TOTAL
REPORTER B]LL!NGS SUMMARY
PAY A~ CAPTION/DESCRIPTION
214.14
233.00
124.80
80.00
651.94
EUO of Amir TajaLLi
Trust of Buffum
SheLton vs. GoLdman
Rosa Benavidas vs. P&A Foods
Page
CLIENT NAME
Arrow CLaims Management
J[m Bentson
·
DaLlas Si nTnons Law Offices
Fremont Insurance/GLendaLe
04/30/95
Hahn & B6wersock, A Corporation
REPORTER BILLINGS SUMMARY
Page 27
04/15/96
REPORTER: ELTAJU
CUTOFF: 04/11/96
Julia El-Tawil
GROUP: All
INV DATE JOB# JOB DATE INV#
03/29/96 93103 03/25/96 149161
04/01/96 93302 03/29/96 149248
04/02/96 93051 03/22/96 149340
34/03/96 ~3009 03/21/96 149458
]~/03/96 93045 03/22/96 149418
............. 03126/96 149465
;;/03196 93252 03/28196 149461
)4/05/96 92928 03/20/96 149541
TOTAL
PAY ANT CAPTION/DESCRIPTION
122.67 ~Rapprich vs. Electrical System
115.00 U.S. Steel vs. Aceros
79.36~-/
Amerispec Inc. vs. David Cook
109.62~/
Judy Johns vs. Mclean Motor
82.00 -~'ussell vs. Kellogg
i49.93 Gloria Midget vs. G~en Costelo
109.62 Dan Melendez vs. Pozzo Constr.
118.50 ~,'[eroy Baker vs. Satellite Mana
886.70
CLIENT NAME
Fremont Insurance Co./Orange
Hughes & Luce -
Larkin, Hoffman, Daly & Lindgren
Fremont tns./G[endale
State Farm Fire & Ces/U.C.
Richardson & Bambr[ck/C.M.
Fremont Ins./GIendale
State Compensation Ins. Fund/SA