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Home My WebLink AboutCC 14 CLAIM #91-27 07-01-91CONSENT CALENDAR NO. 14 AGENDA7-. V7'1-91 ``� Y .fl Inter -Com ATE: JUNE 26, 1991 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: CLAIMANT: KENNETH LORITZ; D/L: 12-14-90; DATE FILED W/CITY: 06-05-91; CLAIM NO: 91-27; CARL WARREN FILE NO: S 66457 CLB 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. Very ours, J U K City Attorney JGR. jab:6-26-91(CL-9127. jab) Enclosure: Copy of Claim City of Tustin CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Persons or Personal Property)' The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within 6 months after the incident or event occurred. Be sure your claim is against the City of Tustin, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, City of Tustin, 300 Centennial Way, Tustin, California 92680 WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California: The undersigned respectfully, submits the following claim and information relative to damage to person and/or property: 1. a. NAME OF CLAIMANT: kEAIM-777V A LU;?l l-�Z b. ADDRESS OF CLAIMANT: _ c . CITY/ZIP CODE: e. DATE OF BIRTH: !?-.,? f . SOCIAL SECURITY NO: _ 2. Name, telephone and post office address to which claimant desires notices to be sent (if other than above): S/1 M,5 - 3. S 3. This claim is submitted against: a. The City of Tustin only. b. The following employee(s) of the City of Tustin only: C. The City of Tustin and the following employees) of the City of Tustin only: 4. Occurrence or event from which the claim arises: a. DATE: D�C_ 7P /9/,q 9 b. TIME• 7 ,36 C. PLACE (Exact and specific location) ^- r-5cc o SND .rR VI Al OLVIP. d. HOW and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary): C vF rvs rlAj FAILLD 70 4DJVSr 7-XC S/ GALS PX&OK12L'I SO No �e. 7-7-J 130 0 Av.Q s em' 7-V 5'r7 [� T 7��1�� 7�°t}nF�_C 7D e. WHAT particular action by alleged damage or injury? Ci J,---5 I ,D 10 ticoR OMR P the City, or its employees, caused the 4AU E, TPA -F AOJZI 5 5. Give a description of the injury, property damage or loss so far known at the time of this claim. If there were no injuries, state "no injuries". cAA 07""o PF-P-SatiAl—Y-JUU2F-D a,J ch`�Es7 6. Give the name(s) of the City employee(s) causing the damage or injury: L)N(<Novw �3 7. Name and address of any other person injured: u tiovi r 8. Name and address of the owner or any damaged property: _LUg ila�� A SSS o C /N C . 9. Damages claimed: CAD a. Amount claimed as of the date:.Q MD b. Estimated amount of future costs: o LA) c. Total amount claimed: 7V d. Attach basis for computation of amount6 claimed (include copies of all bills, invoices, estimates, etc. Names and addresses of all witnesses, hospitals, doctors, etc. l LL R7_ S U P P L If -E0TUB L> A 7-�-* WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!! (Penal Code Section 72; Insurance Code Section 556.0) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated to be upon information or belief and as to such matters I believe the same to be true. I certify under penalty or perjury that the foregoing is TRUE AND CORRECT. executed this S111day of V-0 AJ , 19 at Tustin, California. )ATE FILED: `l U/Uf- 'LA MANTIS SIGNATURE 31: C LFORM 'f3vi gPri in /?,i /c)n l Tustin Police Department Continuation Report * Page 3 * DR # 90-09143 INJURY ACCIDENT FACTS: #1 - Call received at 1736 hours, arriving at 1739 hours. #2 - Collision scene was as depicted in factual diagram. #3 - D1, Lortiz, complained of pain to his knee and will seek his own ��- medical care. He refused treatment at the scene by Orange County Paramedics. Passenger in V2 • complained of pain to her neck and forehead. She was treated at the scene by OCFD Paramedics and transported by Doctor's Ambulance to Healthcare Medical Center E/R for further treatment. #4 - No physical evidence collected. POI determined from debris and position of vehicles in roadway. #5 - Both D1 and D2, Harvey, were identified at the scene by their CDL -'s. TATEMENTS: D1, Lortiz said he was southbound #2 lane on Jamboree, north of the intersection at Irvine, stopped at a red light. He*•said he had been stopped for approximately 3 to 4 seconds prior to the traffic light for his direction of travel (southbound) .turned green. As he proceeded through the intersection, he was struck by V2, whom he never saw until impact. He has no idea which direction V2 was travelling prior to TC. D2 said he was northbound Jamboree in the left turn lane approaching the intersection of Irvine and Jamboree. He said the light had turned green just prior to him entering into the left turn lane and as he proceeded to make the left turn, he saw V1 on the north side of the intersection travelling southbound, proceed through the intersection and collided with his vehicle in the intersection. D2 said he had a green arrow as he was approaching the intersection, and there were 2 vehicles ahead of him which he followed through the intersection. D2 said he did not see the light phase from green to yellow or red as he was making his turn. D2 said he was about 3 car lengths back behind the limit line when he -First noticed that the green arrow was on for his direction of travel, turn from northbound Jamboree westbound onto Irvine Blvd. Tustin Police Department Continuation Report * Page 4 * DR # 90-09143 OPINIONS AND CONCLUSIONS: 1yjvn V1 was in the #2 lane southbound Jamboree north of the intersection at Irvine. As V1 was travelling through the intersection, it was struck by V2, which was northbound Jamboree turning left (westbound) onto Irvine. P.O.I. All measurements were taken with a rollotape. 31 feet south of NCL Irvine Blvd. 21 feet east of WCL Jamboree Road. No pending skids from either vehicle prior to the collision at scene on roadway. "^AUSE: Based on the conflicting statements from D1. Lortiz and D2, Harvey, each claiming they had a green light as they. -proceeded through the intersection with each of their directions of travel, and without an independent witness, I am unable to determine which party was at fault in the accident. The PCF at this time could be either 21453A against D1 for failure to stop for a red light, or the PCf could be against D2 for 21453C/Failure to stop at a red signal. As stated prior, there are no independent witnesses. I am unable to determine a PCF at this time or a party at fault. At the scene, I examined the seatbelts of V2 and saw that there were no signs of any stress marks, which would indicate the seat belts were worn at the time prior to impact. However, both D2 and P1 of V2 stated they were wearing their seatbelts prior to the collision. Both seatbelt harness straps were smooth in appearance and as stated earlier, showed no sign of stress marks. When a seatbelt is worn and the party is involved in a collision, the seat belt will have small ripples through the strap, which would indicate that the seat belt was worn, showing the tension against the belt. Since that was not --apparent at this time, I believe that the seatbelts were not worn. his is also based on my prior education from Traffic Investigation - Tustin Police Department Continuation Report * Page 5 * DR # 90-09143 School. RECOMMENDATIONS: Request review by Traffic Supervisor. OFFICER SEJA #655 cm #899 sr #877 plk #909 APPROVED: