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HomeMy WebLinkAbout08 CLAIM #95-30 11-20-95 LAW OFFICES OF ROURKE. WOODRUFF & SPRADLIN APROFESSIONAL CORPORATION NO. 8 11-20-95 MEMORANDUM TO: Honorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: RE: November 14, 1995 Claim of Maria Ornelas: Claim No. 95-30 RECOMMENDATION After investigation and review it is recommended that the above-referenced claim be rejected and that the City Clerk be directed to give proper notice of the rejection to the claimant and to the claimant's attorney. DISCUSSION Claimant alleges unspecified damages due to a slip and fall accident that occurred at night while claimant was sweeping excess water out of the gutter in front of her home. Claimant alleges that algae and mold growing in the gutter caused a slippery and dangerous condition of public property. Aside from the issues of whether or not the claimant was negligent herself by working in the streets at night, there is also the issue of whether the City had any notice or should have had constructive notice of this condition. After preliminary evaluation, the City's Claims Administrator recommends rejection of the claim. ,...-- LOIS E. JEFF~EY~"' Enclosure cc: William A. Huston, City Manager 10 11 12 13 14 15 16 17 19 20 21 22 24 25 26 27 28 MICHAEL F. SMITH, ESQ. 17150 Newhope Streed, Ste 105 Fountain Valley, CA 92708 Attorney for Claimant NOTICE OF CLAIM TO: City Clerk's office CITY OF TUSTIN 300 Centennial Wy. ' Tustin, Ca. 92680 PLEASE TAKE NOTICE that MARIA E. ORNELAS hereby serves and makes demand upon you for a sum not yet ascertained and makes the following statements in support of her claim. 1. claimant resides at 2. Notices concerning this claim should be sent to MICHAEL F. SMITH, ESQ[, 17150 Newhope Street, Suite 105, Fountain Valley, CA 92708. ~ 3. Date and place of the occurrence giving rise to this claim are: On May 15, 1995 at block 15761 S. Myrtle Avenue in the City'of Tustin. ~ 4. ~he cirC~mst~anCes giving rise to this claim are as follows: Claimant, MARIA E. ORNELAS, was walking on the street above mentiOned, when she slip and fall on the green mold which was caused by the standing water and injuries herself. 5. As a result of the aforementioned circumstances . 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 claimant has suffered personal injuries to her body requiring medical treatment. 6. claimant's Claim as of this date is undete~ined but should fall within the jurisdiction of the municipal court. 7. The medical expenses incurred to date are undete~ined; estimated future medical expenses are undete~ined; loss of wages is undete~ined; and general damages are undete~ined. Dated: August 25, 1995. ~~ MICHEL F. SMITH Attorney for Claimant