HomeMy WebLinkAbout14 CLAIM NO. 96-34 09-16-96 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMAR~
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
NO. 14
9-16-96
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM' City Attorney
DATE:
September 11, 1996
RE:
Claim of Merrick Harlan Cooperman; Claim No. 96-34
RECOMMENDATION:
After investigation and review, it is recommended that the City Council deny the
claim and direct the City Clerk to give appropriate notice to the claimant and the claimant's
attorneys.
DISCUSSION:
This claim involves a solo automobile accident that occurred on the Santa Ana
freeway (I-5) which is not under the jurisdiction of the City of Tustin. Carl Warren &
Company, the City's claims adjusters, have notified the claimant's attorneys of this fact.
LOIS E. JEFFI~J//// ~)
Enclosures
cc: William A. Huston, City Manager
Ronald Nault, Finance Director
1102-9634
35044_1
WILKIE CHEONG
JOHN F. DENC)VE
NIARY NI. BENNETT
DREW R. ANTABLIN
CHRISTOPHER DENOVE
LAW OFFICES
CHEONG & DEI~OVE
A PR0rlr$SIONAL CORPORATION
CENTURY CITY NORTH. SUITE 340
IOIOO SANTA haONiCA BOULEVARD
LOS ANGELES, CALIFORNIA 90067-4007
(310) ;~77-48 57
TELECOPIER:
(310) 277-B254
July 19, 1996
VIA U.S. MAIL AND CERTIFIED
MAIL, RETURN RECEIPT REQUESTED
City Clerk
City of Tustin
300 Centenial Way
Tustin, California 92780
Re: Our Client: Merrick Harlan Cooperman
Gentlemen:
This office represents the above-named client with
respect to a claim for injuries resulting from an accident which
occurred on or about January 28, 1996 at 12:20 a.m. The accident
took place on the Santa Ana Freeway (I-5), 110 feet South of Main
Street, in the City of Tustin, County of Orang. e, State of
California.
At the stated time and place, Mr.'Merrick Cooperman was
driving on the I-5 Northbound transition road to SR-55 Northbound
in the number 1 lane. Mr. Cooperman began to make a gradual
right turn approaching the Main Street exit when he lost control
of his vehicle and headed towards a concrete barrier wall
separating the transition road from SR-55 Northbound. The right
side of his vehicle collided with a construction detour sign just
prior to colliding with the concrete barrier wall. The
construction detour sign broke off and hit Mr. Cooperman's
vehicle, crashing through the top of the car and striking Mr.
Cooperman in the head. As a result of this incident, our client
suffered substantial personal injury.
Your negligence and/or creation-maintenance of a
dangerous condition of public property was the proximate cause of
this incident, in that: the construction detour Sign created a
dangerous and unsafe condition for motorists; there were no
warnings thereof so as to alert motorists of this danger; the
roadway constituted a dangerous condition; the highway was
negligently designed, and constructed, maintained and/or
repaired; dangerous signage, improper placement of sign, and
inadequately securing the sign.
JulY 19, 1996
Page -2-
The following information is provided pursuant to the
provisions of Government Code.§910:
NAME AND ADDRESS OF CLAIMANT: Merrick Harlan
Cooperman by and through his Guardian Ad Litem,
Ronald Cooperman, M.D.,
SEND NOTICE TO: John F. Denove, Cheong & Denove,
10100 Santa Monica Boulevard, Suite 340, Los
Angeles, California 90067.
DATE AND TIME OF OCCURRENCE: see above.
4. LOCATION:see above.
5. FACTS OF OCCURRENCE: see above.
·
INJURIES AND DAMAGES PRESENTLY KNOWN: head injury,
coma, facial lacerations; fractures in the lumbar
spine, .and other injuries not yet assertained;
medical and related expenses, and loss of
earnings, past and future.
NAME OF CITY EMPLOYEES INVOLVED: presently
unknown.
AMOUNT OF PRESENT DAMAGES: medical and related
expenses, general damages for pain and suffering,
all in a presently unascertained sum, but in
excess of $5,000,000.
Claimant is willing to compromise his claim in the
amount of $5,000,000 if this matter can be resolved within the
next 45. days.
Very truly yours,
JFD/pds
CHEONG & DENOVE
A Professional Corporation
~/'~ John F Denove
.- ·
·
,-
July 30, 1996
John F. Denove, Esquire
Cheong~Denove .
Centur~ City North, Suite 340
10100 ~anta Monica Boulevard
Los A~geles, CA 90067-4007
/ RE: Your Client : Merrick Harlan Cooperman
~ Our Principal : City of Tustin
D/Accident : 1-28-96
Claimant : Merrick Harlan Cooperman
Our File : S 88330 JB
Dear Mr. Denove:
As Claims Administrators for the City of Tustin, we are
informing you that you have presented a claim in
connection with an accident which does not involve this
public entity.
According to the claim, the accident occurred on the
Santa Ana Freeway (I-5), ll0-feet south of Main Street
in the City of Tustin, County of Orange, State of
California.
Our investigation reveals that I-5 as well as SR-55 are
under the completion jurisdiction of the State of
California, Department of Highway, aka Caltrans. If
there was any construction on these roads at the time
of the accident, it was under the direction of
Caltrans. The City of Tustin has no jurisdiction over
these roads.
We have instructed our Principal to reject this claim.
In considering your future course of action, we remind
you of the provisions of Code of Civil Procedure,
Section 1038. In the course of any litigation filed
against the City of Tustin in'this matter, it will seek
whatever remedies are afforded to it under the Statute.
CARL WARREN & CO.
CLAIMS MANAGEMENT. CLAIMS ADJUSTERS
750 The City Drive - Suite 400 o Orange, CA 92668
Mail: P.O. Box 25180 o Santa Ana, CA 92799-5180
Page 2
S 88330 JB
It is not our intention to discourage filing of
litigation against this public entity when there is a
valid basis for doing so under facts and law. In this
case, we feel there is no such basis.
We are sure you will exercise your judgement in
advising your client as to filing litigation which
includes the City of Tustin as a defendant in view of
the application of CCP Section 1038.
We are confident that your own further investigation
will confirm the non-involvement of the City of Tustin
in this matter.
We are also confident that you will pursue this matter
against the proper parties which does not include the
City of Tustin.
Thank you for your courtesy and cooperation in this
matter.
Very truly yours,
CARL WARREN & CO.
Alex Barrios
AB: mcw
~cc: Lois Jeffrey, City Attorney
Woodruff, Spradlin & Smart
cc: Ronald Nault, Finance Director
City of Tustin