HomeMy WebLinkAbout13 CLAIM #95-36 10-16-95 LAW OFFICES OF
ROURKE. WOODRUFF 8,: SPIx~.DLIN
A PI~OFESSIONAL COI~I~OI~ATION
MEMORANDUM
NO. 13
10-16-95
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
October 10, 1995
Claim of David Farber; Claim No. 95-36
RECOMMENDATION:
After investigation and review, it is recommended' that the City Council deny the
claim and direct the City Clerk to send appropriate notice to the claimant and to the
claimant's attorney.
DISCUSSION:
Mr. farber fell from a bicycle as he was traveling southbound on BrOwning Street
and turning west into Mitchell in the City of Tustin. He alleges that the "County had torn up
the street for repair at that intersection and did not post warning Signs or barriers." This
appears to be a case of possible liability for the County and/or for the contractor who was
in the area. Even if the contractor was a Tustin Contractor, this does not appear to be a
matter of City liability. ...,
f -' , ,,-- :\ ? ,.~
LOIS E. JEFFREY[,"
Enclosure
cc: William A. Huston, City Manager
]{ex-in Kump
Itlizabetla ;\. I~ol*ez-l<umP
;\ttorncx's at I,aw
14351 Rcdhill ;\ye.. Suite 13
·
Tustin. Calit'ornia 926,q()
(714) 73()-8192
Fax 832-7781
September 27, 1995
City of Tuscin
300 Centennial Way
Tustin, California 92680
Re- CLAIM FOR BODILY INJVJRY DUE TO BICYCLE FALL
AT UNMTtRKED ROADWORK
My client:
Date of Accident:
Type of Accident:
David Farber
March 31, 1995
Bicycle fall at unmarked roadwork
To Whom It May Concern:
This is to advise that we are making a claim for damages
against the County of Orange and its agents on behalf of our
client, DAVID FARBER.
That on the morning of March 31, 1995, while riding his
bicycle, Mr. Farber was traveling southbound on .Browning Street
and turning west onto Mitchell in the city of Tustin. The county
had torn up the street for repair at that intersection and did
'not post warnznq smgns or 'barri~r.sw---M-.rv--Parber-was-/l-~a~I~--t~--see
'Ehe construction before he was upon it and it caused him to fall
to the ground.
At said time and place as aforesaid, agents, servants and
employee's of the County of Orange did so negligently maintain
the construction area when it was foreseeable that bicyclers and
pedestrians would be present. That said acts were done within the
scope of their authority as such agents, servants and employees
and with the permission and consent of their co-defendants.
That as a direct and proximate result of said conduct,
claimant has suffered and continues to suffer personal injuries,
medical expenses and other special and general damages.
Please contact this office upon receipt of this letter to
discuss this matter further.
Sinc~re~v, ~
KEViN KUMP
Attorney at Law