HomeMy WebLinkAbout10 CLAIM 96-28 11-04-96 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMAI~ ~
PROFESSIONAL CORPORATION
MEMORANDUM
NO. 10
11-4-96
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM' City Attorney
DATE:
RE:
October 30, 1996
Claim of Henry James; Claim No. 96-28
RECOMMENDATION'
After review and investigation by this office and by the City's Claims Administrator,
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.
DISCUSSION:
This claim is for personal injuries in excess of $25,000. The claimant alleges that
he was playing in a softball game at Tustin Ranch Sports Park, and during the course of
that game, he tripped over a sprinkler that was positioned in the "up" position and
dislocated his left ankle. The defense of this matter has been tendered to the City's
contractor E.A. Mendoza. Our investigation indicated that the sprinkler head was operating
properly. Unless there is water pressure in the sprinkler, it is in a retracted position.
LOIS E. JEF
Enclosure
cc: William A. Huston, City Manager
1102-9628
37~22_1
i BISNAR & ASSOCIATES,.4~tomeys
John P. Bisnar (S.B.N. 80894); Brian D. Chase (S.B.N. 164109)
2 4590 MacArthur Blvd., Suite 650
Newport Beach, CA 92660
3 (714) 752-2999
5 Attorney for Claimant Henry James
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8 Claim of HENRY JAMES,
9 vs.
10 CITY OF TUSTIN.
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) CLAIM FOR PERSONAL INJURIES
) (Govt. Code Section 910)
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) ,
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TO THE CITY OF TUSTIN:
13 PLEASE TAKE NOTICE that HENRY JAMES hereby claims damages from
14 and against you as follows:
15 1. Claimant's address is c/o Brian D. Chase-, BISNAR &
16 ASSOCIATES, 4590'. MacArthur Blvd., Suite 650, Newport Beach.,
.
17 California 92660;
18 2. The amount of damages as of the date of this claim exceeds
19 $25,000.00 and thus jurisdiction over this claim rests in Superior
20 Court;
21 3. On May 15, 1996, Claimant was playing in a softball game
22 at the Tustin Ranch Sports Park. During the course of that game,
23 Claimant was running in center field to catch a fly ball and tripped
24 over a sprinkler that was positioned (stuck) in the "up" position
25 and dislocate-d his-left ankle.
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·
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1 4. Claimant's injuries were legally and proximately caused by
2 the negligent construction and design of the baseball field and
3 sprinkler system, and the negligent maintenance of the baseball
4 field and sprinkler system, all of which was d~ne/performed by
5 employees and/or agents and/or contractors of the CITY OF TUSTIN;
6 5. As of the date of this Claim, Claimant has incurred the
7 following damages:
8 (a) past medical expenses of approximately $10,000.00;
9~ (b) future medical'expenses unknown at this time;
10 (c) dislocated and sprained ankle;
11 (d) past pain and suffering;
12 (e) past mental distress and shock;
13 (f) future pain and suffering; and
14 (g) future emotional distress.
15 6. This accident occurred in a public park designed,
16 constructed, operated and/or maintained by the CITY OF TUSTIN; and
17 7. All nOtices or communications regarding this Claim shall
18 be directed' towards Brian D. Chase, BISNAR & ASSOCIATES, 4590
19 MacArthur Blvd., Suite 650, Newport Beach, California 92660.
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BISNAR & ASSOCIATES
BRIA/~ -~. CHASE
Attorney for Claimant
HENRY JAMES
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PROOF OF SERVICE BY MA/L
STATE OF-CALIFORNIA, COUNTY OF ORANGE
I am a resident of and employed in the aforesaid'county, State
of California; I am over the age of eighteen years and not a party
to the within action; my business address is 4590 MacArthur Blvd.,
Suite 650, Newport Beach, California.
On June 12, 1996 I served the foregoing CLAIM FOR PERSONAL
INJURIES on the interested parties in this action by placing a true
copy thereof, in a sealed 'enVelope with first class postage thereon
fully prepaid, in the United States mail at Newport Beach,
California, addressed as follows:
CITY CLERK OFFICE
300 Centinell Way
Tustin, CA 92680
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Dated: June 12, 1996
MARTA DE LA TORRE