HomeMy WebLinkAboutCC 4 CLAIM #92-35 08-17-92GUNbLN 1 UALLNUAK iNU . 4
8-17-92
FE: AUGUST 7, 1992 Inter -Com Mu
c1-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: GERALD FERRATO; D/L: 03-27-92; DATE FILED W/CITY:
07-27-92; CLAIM NO: 92-35; CARL WARREN FILE NO: S 72723 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. _
JAMES G. %VDLTRKE, City Attorney
JG R: jab(CL-9235. jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
.City Manager
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RUDOLPH E. LOEWENSTEIN
XEROX CENTRE
1851 EAST FIRST STREET, SUITE 800
SANTA ANA, CALIFORNIA 92705
TELEPHONE (7141 541.9888
Attorney for Claimant
In re the Claim of
GERALD V. FERRATO,
Claimant,
vs.
IRVINE RANCH WATER DISTRICT,
CITY OF IRVINE, CITY OF TUSTIN,
COUNTY OF ORANGE, DOES 1 through
50, inclusive,
Defendants.
NOTICE OF
CLAIM UNDER GOVERNMENT
CODE SECTION 910
TO: IRVINE RANCH WATER DISTRICT, THE HONORABLE CITY COUNCIL,
CITY OF IRVINE, THE HONORABLE CITY COUNCIL, CITY OF
TUSTIN, CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF
ORANGE
YOU ARE HEREBY NOTIFIED that GERALD V. FERRATO, whose
address is c/o Rudolph'E. Loewenstein, Esq., 1851 E. First
Street, Suite 800, Santa Ana, California 92705, claims damage
from the Defendants, and each of them, in the amount computed
as of the date of presentation of this claim of $750,000.00.
This claim is based upon an incident which occurred
on or about March 27, 1992 at or near 2800 Keller Drive,
Tustin, California, on which date Claimant was injured when a
water valve cover in the driveway area of the Mandevilla
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Apartments was not properly and/or negligently situated and a
large metal T -bar valve tool was left in said roadway in the
direct path of traffic. No warnings or markers of any type
were present to notify motorists of the unsafe condition.
Plaintiff while riding his motorcycle struck said valve cover
and T -bar causing injury.
Defendants DOES 1 through 50, inclusive, were and are
maintenance personnel, employees, contractors, laborers or
supervisors, for the above-mentioned entities, whose names are
unknown to claimant at this time.
Said Defendants, and each of them, were negligent in
their selection, supervision, training, management and control
of said persons, all of which negligently and directly was the
proximate cause of Claimant's injuries.
The extent of the complete damages sustained by
Claimant as of the date of this presentation are not yet fully
known and leave may be sought to amend this claim in that
regard. Claimant, GERALD V. FERRATO, is known to have suffered
severe injuries, including but not limited to, injury to his
head, neck, back, internal injuries, emotional distress, loss
of wages and medical expenses.
The amount of this claim, as of the date of
presentation is $750,000.00 and jurisdiction of this matter
rests with the Orange County Superior Court.
Notices or other communication with regard to this
claim should be sent to claimant in care of Rudolph E.
//I
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Loewenstein, Esq., 1851 E. First Street
California 92705.
DATED: July 22, 1992
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uibe/800,,ISa a Ana,
Loewenstein
for Claimant