HomeMy WebLinkAbout09 CLAIM #94-33/34 09-19-94/ GENDA_L_
NO. 9
9-19-94
Inter-Com
DATE:
September 1, 1994
TO: HONORABLE MAYOR AND MF~4BERS OF THE CITY COUNCIL
FROM: CITY ATTORAIEY
SUBJEC~ CLAIMANTS: PAUL & CF~ARLOTTE POUND; CLAIM NOS: 94-33/34;
2/28/94; DATE FILED W/CITY: 8/15/94; CARL WARREN NO: S78454
D/L:
CLB
After investigation and review it is recommended that the
above-referenced claim be rejected and the City Clerk directed to
~ive proper notice of the rejection to the claimants and to the
claimants' attorney.
Enclosure: Copy of Claim
Lois E. Je~r~
CC:
Carl Warren & Co.
Finance Director
City Manager
P~ B8 '~ O?:C~;~i ~iTY OF ~CTIN
TH£ LA ~ OPPICP_~ OF
O'MARA & COOPER
2550 I:I.FIM A VEN'U,E, $'.I~ 109
SA_M DIEOOo CALIPoRNIA 92103
1=.4
August 12, 1994
CITY CLERK
~Of The City Of Tu~tin
300 Centennial Way
Tustin, C-A 92680
Dexr Sir/Madam:
Purmaant to Government Code section 910, the undersigned respectfully mbmks the
following information:
(a) Claimants:
Paul Pound
6359 Fillmore Avenue
Rialto, GA. 92377
Co)
Notices to be sent:. CUPXIS L. GOOPEF~, ESQ.
O'MAKA & COOPER
2550 Fifth Avenue, 5te. 109
San Diego, CA 92103
(c)
Date, place and othee cieeun~tane~s of ~:he occurrence or transaction
which claim ea'is~ from:
DATE~ On or about February 21t, {994.
PLACE: Subdivision of Cowan Heights, at or about Clem-view
Cla~mant PAUL POUND sustained injuries when he fell through the
roof of a reservoir under eonrtruetlon, musing injuries inclusive of but
not limited to his upper extremities with related complaints of hearing
difficulties, blurred vision, dizziness, headhche% memory lapse and other
related injuries.
3t4 832 0825 08-30-94 08:02AM P004 ~08
A~,iS 30 ~S~
CiTY ~USTIM
County of Orange
In re: Claim of Mr. Pound
At said time and place, Claimant was working as a construction worker
for M2~'. Builder~. M.W. Builders ~ subcontracted to replace thc roof
of a reservoir. Said reservoir was owned, operated, maintained and
controlled by the O~nge County Water District, and at all times
hereinmenfioned was situated upon property owned and controlled by
the City of Tustln.
Cl:fimant is informed and believes that at the time of the accident, the
City of Tustin was responsible for the maintenance of the abject
reservoir and for the supervision, management and administration of all
maintenance and construction undergone by the subject reseevoir, as well
as the location where said maintenance and construction took place.
Claimant contends that the City of Tustin was negligent and reckless in
its conduct in controlling, supervising and overseeing the vabject
eons'tnxefion site and fax'led to en~ure compliance with commonly
acceptable polldes, procedures, and guidelines relative m the safety
conditions of the subject work rite. The City of Tustln is liable,
therdore, for its failure to exercise proper, non-wrtious, conduct and to
properly cuery out its duties for the benefit of Claimant, resulting in Mr.
Pound's injuries and damages.
General description of the indebtedness, obligation, injury, damages or
loss incurred so fax as may be known at the tLme of presentation of the
talin:
Claln~t Paul Pound ~u~talned injuries which were indufive of but not
liml.ted to the followin~ bleeding of the right ear, broken temporal bnne
loss in mld.x-.,nge he,ring, blurred vision, dizzlnes% he~d,ches, memory
lapse, inability to concentrate, broken collar bone and two ribs, pain to
both shoulders, Iow back pain, partial numbness to left hand.
(e)
The names or .names of the public employee or employees causing the
injury, damage, or loss, if known:
The City of Tustln, and DOES 1 through lo0, haclush, e.
(F) The amount claimed.:
The amount of Mr. Pound's claim is unaseertainable at this time duc to
continuing investigation, but will be in excess of $$00,000.00 and xx4thout
prejudice to ClaL, nant's right .to revise this claim at a later date, at thi~
time, it is believed Clalmant% cla/rn will be within the juH;dictional
limits of the Superior Court of the State of California.
714 832 0825 08-30-94 OS:02AM PO05 ~08
RJG .~0 '94 137:10P~~, CiTY OF ~TIH
County of Orange
In re: Claim of ~Ar. Pound
Page 3
P.G
I have read the maeeer~ and ¢tatement¢ made in the above claim and I know the same
to be true of my own knowledge~ except ac to tho~e matter~ ~tated upon information
and belief and as to nach matterg, I believe the came to be true. I certify under
penalty of perjury that the foregoing is true and coercer.
SIGNED THIg ./2~h day o~. )q-~994, at San Diego, Californim
crmzi$ .k coO ,r , ksq.
Attorney for Cl~mant
PAUL POUND
37% 714 822 0825 08-30-94 08:02AM PO06 ~08
~JRTIE (BUZ) COOPER
D'M~_RA & COOPER
2550 Fifth Avenue, Suite
3an Diego, CA 92103
~rr0~EY(S) FOR:
109
p.?,
COURT USE OHLY:
687-5085
JHF.~ING DAllt -TIM[-DEFT:
DE, CLA.RATION OF 8-'ERVICE BY MAIL
C~£ Nbl~BER:
1, Jeanette Lewis, dcelarc that: I am over ~h¢ age of eighteen ¥~ nd not a pony Io lhe action; I am employed h, or am a
~os~dcnt of ~he Con~ty of San D~q:o, C. alifomlaf wh~ ~h~ rmailbag OCmU~; a~d my businea* address I, ~50 ~t Av~uc, gui~ 109,
l ~er ~chre ~at I am ~ily ~r wi~ ~= bu~ine~' p~ctice for ~ll~vn and p~i~ of co~spond~ for ma~ ~g
~i~ ~ Un~d ~a~s Posffi S~i~ pu~mt w w~ prsefi¢, ~e *on~pondtn~ w~l b~ deposit~ wi~ ~t Uni~d ~t~ Pos~l
CLAIM AGAINST THE CITY OF TU. STIN (PAUL POUND)
~pla~hga mpymereof~aselmm~ ~lopc~relchaddrcss~r~i~e~ve~ ~ Bllo~:
CI2~2' CLER.K
City of ~tin
300 Cente~al Way
~stin, CA 92680
I then sealed each enve!ol~and, · ' '
w~th the potage CERTI~ MAIL - IL~rLrRN RECEIPT REQ~. thereon fully prepakl, ehhet
de~ed~a~i"h~e~n~ted~t~te$p~sta~e~w~:e~rp~edea~hf~e~l~andma~ing~n3~ucr~.8t ~.2, 'lg~4.~lSallD~ego,
Callfomla, following ordinaU bu~ines~ practices. " '
I declare umd:r penalty of penury under the laws of thc $Iat~ of Califomb. mat ~he fo;;~'oing is true and correct ~nd that ~his
dcclLmtion wu d~ly ~ecm~d on ~t !2 1994 .~
·
/~/ (SicnatuF0 ' '
PROOF OF SERVICE BY MAIL
(C.C.P. 1013a and 2015.~
714 832 0825 08-30-94 08:02AM P007 ~08
Adg 30 'S~ 07:llAr~ CITY OF ' -TIM P.10
O'MARA & COOPER
2~0 £IPTH A W_.NU£, g~. 109
~ D~GO, ~O~IA 92103
August 12, 1994
AGAINST THE ClS~ff OF TUSTIN
.C1TY CI.r. KK
Of The City Of Tustin
300 Centenn;al Wa)'
Tustln, CA 92680
Dm' Sir/Ma&m:
Pursuazat to Government Code sraZion 910, the undersigned respectfully submits the
following itfformation:
(a) Claimants:
Mrs. Charlotte Pound
6359 F;llmor¢ Avenue
Rialto, CA 92377
(b)
Notices to be sent: CURTIS L COOPER, ESQ.
O'MARA gc COOPER
2550 Fifth Avenue, Sm. 109
San Diego, CA 92103
(c)
Date, 'place and other clreumstance~ of t. he occurrence or tran=aetlon
which claim arlse~ from:
DATE: On or abo~t February 28, 1994,
PLKCE: Subdivision of Cowan Heights, at or about Clearview Lane.
Claimant's husband Paul Pound, sustained injuries when hc fell through
the roof of a reservoir under construction, causing injuries inclusive of
but not ILmlted to his upper extremlrles with related complaln~ of
hearing difficulties, blurred vision, dizziness, headaches, memory lapse
and other related injuries.
97% 714 832 0825 08-30-94 08:02AM P010 ;08
g. JG 38 '94 ~?:11~ CiTY OF TUSTIH
Count,/ of Orange
In re: Claim o~ Mrs, Pound
Psge 2
(d)
(0
At ~aid time and phcc, Clalm-~-t's husband was working as a
construction worker for M.W. Builders. M.W. Builders was
mbcontn'aeted to replace the roof of a reservoir. Said reservoir was
owned, operated, maintained ~nd controlled by the Orange Count-),
Water District, and at all tlm=~ hereinmenfioned was situated upon
property owned ~nd controlled by the City of Tustim
Claimant is informed and believe~ that at the time of the accident, the
City of Tustin was responsible for the maintenance of the subject
reservoir and for thc supervision, management and administration of all
maintenance and construction undergone by the subject reservoir, as well
as the location where said maintenance and construction took place.
Claimant contends that the City of Tustin waz negligent and reckless in
its conduct in controlling, supervising and overseeing the subject
construction site and failed to ensure compliance with commonly
accept, able policid% procedure, and guidelines relative to thc safety
· conditions of the subject work site: The City of Tustin is liable,
therefore, for its failure'to exercise proper, non-torfiou~, conduct and to
properly carry out its duties for the benefit Of Claimant, resulting in
Mrs. Pound's in~zries and damages.
General description of the indebtedness, ohllgation, injury, d~mages or
lo.~s incurred so far ~s m~y be 'known at the time of presentxfion of the
claim:
Claimant CHAtLLOTTE POUND has suffered Loss of Consortium.
The names or names of the public employee or employees causing the
injury, damage, or loss, ff known:
The City of Tustin, 'and DOES 1 through 100, Inclusive.
The amount claimed:
The amount of Mrs. P~und's claim is unascertainable at this time due to
continuing investigation, but will be in ~xce~s of $500~000.00 and without
prejudice to Claimant~s right to revise this dalm at a later date, at this
time, it is believed Claimant's cl~lm will be within the jurisdictional
limlr~ of the Superior Court of the State of California.
714 832 0825 08-30-94 08:02AM P611 ~08
County of Orange
In re: Claim of Mrs. Pound
Page :3
I h~ve read the matters and ~tatc-.mcnts made in thc above clah-n, and ! know the same
to be u-ue of my own Imowledgc, except a~ to tho~e matters ~tatcd upon information
and bcllcf and a~ to ~uch matters, I bclJcvc thc same to bc true. ! certify under
penalty of periury that the forcgoin§ i~ truc and correct.
SIGNED THIS _/.'2..~h d.y of ./'~,,--~9¢, at $~n Diego, California.
cLrRTIS L. COOPFJg(_ ~ ESAU.
Attorney for Claimant
CHARLOTTE POUND
=G7~ 714 832 0825 08-30-94 08:02AM POI2
' ' ' P.
i [OUK'T US[ OHLY:
~URTIS (BUZ) COOPER
0'MARA & C00PEK
2550 Fifth Avenue, Suite 109
San Diego, CA 92103
687-5085
ATTO~EY(S) KR:
HE. ARIkiG DATE-T)I~ -D£PT:
DECLARATION OF SERVICE BY lvIAIL
I, J~anetie Lewls~ declare th:rte I :ua over th~ age of ~ghmen years and not s p~ to ~e ~fion: I tm employed ~. or ~ a
~ldc~t of ~e C0~ of ~ Diego, ~Ufom~: w~ ~ ~g ~; ~ ~ b~M ad~s is ~50 F~ Av~ue, Sui~ 109,
I ~rtbe. r dechrc~ that I am madly ~milhr wi~ the b,,~ine~s' practice for collection and proc*ssi~ et' corrtspondcne~ for mailing
with ~he United Sm~a Postal $~rvice pursuant w which p ractir, e ~e correspondence will b~ deposited with ihs Unl~d Strt~ Poslal Sorvic¢
~hb sam~ d;iy I, th~ ordinary course of business.
I caused lo be ~el'ved the following documcms(s):
CLAIM AGAINST THE C. ITY OF TUETIN (CHARLOTTE POUND)
by pl~ing · copy thereof in ~ sep;ira,, envelope for e~ch :~ddres.~:e ,z.spectlv,~ly s~ follow~:
'CIT~ CLERK
City of Tustin
300 Centennial way
Tus ~in, CA 92680
I th~z ~eaied r, aeh eavelope ;ind. with the postage CER'I'It~I~D MA.IL - ILETURN RECEIPT REQUESTED. thereon fully prepakl, either
deposkexl e.mzh in th~ United Emei Poslil Service or plaid e:¢.% for colleciion z.ud mailh:l; on ~J~,k,~, al Emu Di~ga,
Californh, folio,c'ing ordinary bud~ess
I d¢chr¢ under permlcy of l:~rjury under ~e la~ of ~e S~ of Califo~h ~t ~e forego~t h ~e ~d co~t and ~at ~
(~i~mr~)
PROOF OF gERVICE BY M.t U~
(C.C.P. 1013a and ~01£.~)
R=96~ 714 832 0825 08-30-g4 08:02AM P013 ~08