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
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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
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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