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HomeMy WebLinkAbout04 CLAIM #94-42 11-21-94A PF~F£SSIONAL COI:~POI~ATION NO. 4 11-21-94 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: City Attomey DATE: November 4, 1994 Claimant(s): Lisa Senefsky; Claim No.' 94-42; D/L 4125/94; Date Filed w/City: 10/25/94; Carl'Warren File No.' S78598CLB 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. Lois E. Jeffrey Enclosure: Copy of Claim cc: Carl Warren & Co. Finance Director City Manager 11 o2-(xx)o I 10 11 12 13 14 15 16 17 18 19 2O 21 22 23¸ 24 25 26~ 27 28¸ HUNT, COLAW & ADAMS· INC. SUITE 300 615 CIVIC CENTER DRIVE WEST SANTA ALFA, CALIFORNIA 92701-4094 (73.4) 558-9000 Attorneys for Claimant, LISA C. SENEFSKY CLAIM OF LISA C. SENEFSKY, Claimant, vs. CITY OF TUSTIN, CLAIM FOR PERSONAL INJURIES (Section 910 of the Government Code) TO: CITY CLERK FOR CITY OF TUSTIN YOU ARE HEREBY NOTIFIED that LISA C. SENEFSKY, whose address is claims damages from the City of Tustin. The claim is' based on personal injuries sustained by Claimant on.or about April 25, 1994, at or near the intersection of Browning Street and Belleford in the City of Tustin, under the following circumstances: Claimant was driving a 1984 Jeep Cherokee automobile northbound on Browning Street between Bryan Street and Irvine · Boulevard in Tustin. Mr. Brian Kenyon was driving a 1984 Honda Accord automobile and had stopped at a stop sign at the "T" ~4 24 Z5 intersection of Belleford and Browning Street. The configuration and design of the intersection of Browning Street and Belleford Street constituted an unreasOnably dangerous condition for motorists including Claimant-traVeling on Browning Street, in that: 1) From the limit line of the stop sign controlling traffic from Belleford to Browning, there are unreasonable obstructions to the view of motorists exiting Belleford Street onto Browning Street, or, the land adjacent to Browning Street at or near the intersection of Browning Street contained vegetation, block walls, and other obstructions to the vision of motorists exiting Belleford Street. The City of Tustin knew or should have known of the dangerous condition of the intersection at the time of the injury to Claimant. As a direct result of the dangerous condition of the intersection or of the conditions adjacent to Browning Street and Belleford Street affecting the vision of motorist on these streets, Mr. Bryan Kenyon drove his automobile forward toward the projected path of Claimant, creating an immediate hazard to Claimant-and caused a collision between these vehicles. The 1984 Honda Accord was driven by Bryan Kenyon, California driver's license number 133624301 and resides at Ranchwood Avenue in Tustin, California. The injuries sustained by Claimant as far as known as of o the date of presentation-~of this claim, consist of a-shoulder dislocation, spinal injuries to Claimant's neck and back, and aggravation of an existing TMJ injury. --2-- 5 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 As a further result of the acts and omissions of The City of Tustin as stated above, Claimant has been required to retain the services of medical doctors, nurses, hospitals, therapists, and other health professionals and will continue to incur expenses for such services, all to her damage. As a further result of the acts and omissions as stated above, Claimant has incurre~ and will continue to incur expenses for medication, medical equipment, and other medical aids, to her damage. As a further result of the acts and omissions as stated · above, Claimant has experienced severe pain, suffering, and emotional distress to her further damage. Jurisdiction over this claim Would rest in the Superior Court. DATED: October 24, 1994 S q. Atto'~..cys for C_~ .... LISA C. SENEF~Y Ail notices or other communications with regard to this claim should be sent to: Ralph G. Martinez, Esq. HUNT, COLAW & ADAMSt INC. 615 Civic Center Drive West, Ste 300 Santa Aha, CA 92701 (714) 558-9000 -3-