HomeMy WebLinkAboutCC 3 CLAIM #92-29 12-21-92:3
CONSENT CALENDAR NO. 3
r1�� ` � E �; •� -21-92
1
.ATE: DECEMBER 14, 1992 Inter - C O n'1
ST
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: STEPHEN MURPHY; CLAIM NO: 92-29; D/L: 04-30-92; DATE
FILED W/CITY: 11-23-92 (2nd CLAIM FILED) ; CARL WARREN FILE NO:
S 72616 CLB
After investigation and review it is recommended that the
above -referenced claim be rejected and the City Clerk directed to
give proper notice of the rejection to the claimant and to the
claimant's attorney.
if l / I ? 1
JAMES..G.&ROE, City Attorney
-- JGR:jab:121492(CL-9229.jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
AMENDED CLAIM FOR DAMAGES
TO: City of Tustin
Attn: City Clerk
15222 Del Amo
Tustin, CA 92680
The undersigned makes the following amended claim for
damages against The City of Tustin, Tustin Police Department and
Tustin Police Officer Charles Celano pursuant to California
Government Code Section 910:
A. NAME: Stephen Murphy
ADDRESS:
DATE OF BIRTH:
SOCIAL SECURITY NO.:
B. POST OFFICE ADDRESS TO WHICH THE CLAIMANTS DESIRE NOTICE
TO BE SENT IS AS FOLLOWS:
LAW OFFICES OF JEFFREY A. MILMAN
Jeffrey A. Milman
2700 N. Main St., 10th F1.
Santa Ana, CA 92701
(714) 667-7171
C. DATE AND PLACE OF TRANSACTION WHICH GAVE RISE TO THE
CLAIMS ASSERTED:
April 30, 1992 at the interesction of Walnut and Newport,
Tustin, California
D. IF MOTOR VEHICLES WERE INVOLVED, SHOW MAKES, YEARS,
MODELS AND LICENSE NUMBERS OF ALL VEHICLES:
City of" Tustin Stephen Murphy
1989 Chevrolet Caprice 1989 Ford Probe
CA lic. E280070 CA lic.
E. HOW DID DAMAGE OR INJURY OCCUR?
On or about April 30, 1992 Mr. Murphy was driving on
westbound Walnut and proceeded through a Green light at
the intersection with Newport Avenue. Once he was one-
half through the intersection he noticed a car coating
from northbound Newport Avenue running a red light in the
southbound lanes. Mr. Murphy slammed on his brakes but
the car broadsided him.
The car running the red light for northbound Newport
Avenue was a Tustin Police car being driven by Officer
Celano . This off icer had the overhead lights on, but not
the siren.
F. A GENERAL DESCRIPTION OF THE INJURY, DAMAGE OR LOSS IS AS
FOLLOWS:
Mr. Murphy suffers from migraine headaches, loss of
vision in left eye, neck and back pain and high blood
pressure. His injuries has caused him to seek medical
treatment and incur medical expenses.
Due to his injuries, Mr. Murphy has lost earnings and
will continue to do so in the future.
G. THE AMOUNT CLAIMED AS OF THE DATE OF THE PRESENTATION OF
THIS CLAIM, INCLUDING THE ESTIMATED AMOUNT OF ANY
PROSPECTIVE INJURY DAMAGE OR LOSS, INSOFAR AS IT MAY BE
KNOWN AT THE TIME OF THE PRESENTATION OF THIS CLAIM IS AS
FOLLOWS:
The amount in controversy exceeds $10,000.00 and this
claim will be under the jurisdiction of the Orange County
Superior Court. Mr. Murphy will be claiming general
damages, special damages, medical and related expenses,
loss of earnings, prejudgment interest, attorneys fees
and costs and such other and further relief as may be
deemed appropriate.
H.
I.
WITNESSES, IF ANY, WERE AS FOLLOWS:
Police Officer Celano
AMENDED CLAIM:
Gwen Wilchie
Mr. Murphy is currently serving in the United States
Marines. On May -7, 1992 he was shopped to Okinawa and
did not return to the United States until November 7,
1992. While he was in Okinawa a family member sent in a
claim form to the City of Tustin on June 1, 1992.
DATED: November 19, 1992
LAW OFFICES OF JEFFREY A. MILMAN
By
JEFFREY A . MIIIG N
City of Tustin
AIM AGAINST THE CITY OF `IN
(For 1,, -,mages to Persons or PersoL.1 Property)
The law provides generally that a claim must be filed with the City Clerk of
the City of Tustin within 6 months after the incident or event occurred. Be
sure your glaim is against the City of Tustin, not another public entity.
Where space is insufficient, please use additional paper and identify
information by paragraph number. Completed claims must be mailed or
delivered to the City Clerk, City of Tustin, .15222 Del Amo Avenue, Tustin,
California 92690
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INR
TO THE HONORABLE MA:'OR AND CITY COUNCIL, City of Tustin, California:
The undersigned respectfully submits the following claim and information
relative to damage to person and/or property:
1. a.
NAME OF CLAIMA
b.
ADDRESS OF CLA
C.
CITY/ZIP CODE:
d.
TELEPHONE NO:
e.
DATE OF BIRTH:
f.
SOCIAL SECURIT
g.
DRIVERS LICENS
2. Name, telephone and post office address to which claimant desires notices
to be sent ( if other than above) :
3. This laim is submitted against:
a• The City of Tustin onl .
y
b• The-ollowi.ng employee(s) of the City of Tustin only:
C. _ The City of Tustin and the following employee(s) of the Cit
of Tustin only: y
4. Occurrence or event from which the claim arises:
a. DATE:
b. TIME:_
C. PLACE (Exac- ands ecific location)
vt-
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 necessa:
SEE c �E {SOLI r REz) moi"
e. WHAT particul% zction by the City, or :mss employees, caused the
_ •alleged damage injury?
5. Give a description of the injury, property damage or loss so far }mown at
the time of this claim. If there were no injuries, state "no injuries".
�r C: 09AIr).
6. Give the name(s) of the City employee(s) causing the damage or injury:
CAAf- _ 7S C RL_AnC)
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:
b. Estimated amount of future costs:
c. Total amount claimed:.
d. Attach basis for computation of
all bills, invoices, estimates,
ZC •
un Koo—,+r -T
amounts claimed (include copies of
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 she 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 as to such maters I believe the same to be
true. I certify under penalty or perjury that the foregoing is TRUE AND
CORRECT..
Executed this day of �1()I�1E , 19 q Z , at Tustin, California.
DATE FILED- LD' I - q
2 -
CLAIMANT'S SIGNATURE
B1:CLFORM
Revised 4/29/91