HomeMy WebLinkAboutCC 5 CLAIM #93-51 11-01-93AGENDA___-
CONSENT CALENAR NO. 5
· 11-1-93
DATE:
OCTOBER 22, 1993
Inter-Com
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJ£OT: CLAIMANT: DONNA FERRARI; CLAIM NO: 93-51; D/L: 05-24-93; DATE
FILED W/CITY= 10-11-93; CARL WARREN FILE NO: S ?7910 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
Attorney
~~~KE~ City
..
J GR:jnb: 1 ~3(~-9~51 ~) '
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
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CHAMBERS, NORONHA & LOWF, Y
X. EROX
lSSI EAST FIRST STREET, SUITE 1450
SANTA ANA,CALIFORNIA 92705.4001
(714)
Attorney Bar No. 122326
Attorneys for
Claimant, DONNA FERRARI
DONNA FERRARI
VS.
Claimant,
CITY OF TUSTIN, COUNTY OF
ORANGE,
Respondents.
CLAIM FOR PERSONAL INJURIES
(Pursuant to Government Code,
section 910)
TO THE. CITY OF TUSTiN and COUNTY OF ORANGE:
You are hereby notified that Claimant, DONNA FERRARI, whose
address is hereby
claims damages from Respondents, City of Tustin and County of
Orange in the amount computed as of the date of presentation of
this Claim in excess $10,000.
This claim is based on personal injury sustained by claimant,
DONNA FERRARI, on or about May 24, 1993 while she was walking in
the intersection of Munzon Circle and Canterberry in the City of
Tustin.
On that date at approximately 1:30 p.m., Claimant, DONNA
FERRARI, was walking along the stree~ toward her residence when she
encountered a dangerous and defective condition along the ground
within the street. The aforementioned condition consisted of a
ledge, ridge, drop-off, excavation, grading and compacting of the
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LM, ON~I~ d
surface of the street and/or gutter area.
As a result of the foregoing, Claimant, while walking and
encountering this dangerous and defective condition, was caused %Q
fall thus sustaining substantial and severe injuries.
At all times herein mentioned and relevant hereto, the
respondents owned, maintained, controlled, repaired, patched,
designed, created, contracted and arranged for work to be done in
the area resulting in the dangerous and defective condition to be
created and allowed to remain in place for a substantial period of
time prior to the date of the incident giving rise to this claim.
The names of the public employees causing claimant's personal
injuries' Under the above described circumstances are currently
unknown. Additionally, it is unknown which specific departments,
sub-departments or agencies within respondents jurisdiction and
control are responsible for the conditions resulting in this claim.
The injuries sustained by Claimant, DONNA FERRARI, consists
of, among other things, a fractured left foot.
The amounts claimed as of the date of presentation of this
claim are in excess of $10,000. Jurisdiction of this claim rests
within the Superior Court in and for the County of Orange, State of
California. All notices and other communications with regard to
this claim should be sent to claimant, c/o Jeffrey A. Lowry,
CHAMBERS, NORONHA & LO~Y, 1851 E. First Street, Suite 1450, Santa
Ana, CA 92705.
DATED: October 5, 1993 CHAMBERS, NORONHA & LOWRY
Jeff,S. ~wry
Attol~n~ ~~aintiff