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HomeMy WebLinkAboutCC 15 CLAIM #91-28 07-01-91CONSENT CALENDAR N0. 15 7-t-91 Y Inter -Com .)ATE: JUNE 26, 1991% TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: CLAIMANT: STEVE BELLOISE; D/L: 03-17-91; DATE FILED W/CITY: 06-06-91; CLAIM NO: 91-28; CARL WARREN FILE NO: S 66455 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 truly ours, J G. ROURKE City Attorney 1GRJ&b:6-26-91(CL-9128 jab) Enclosure: Copy of Claim 1 r'1 3 4 5 O 7 8 9 10 11 12 13 14 15 p17101- 17 18 19 20 2 1 9 22 2 24 25 26 27 28 'FACE BELOW FUR FILING STAMP ONLY) LAW OFFICES OF HURWITZ & HUMPHREYS SUITE 960 333 SOUTH ANITA DR. ORANGE. CALIFORNIA 92668 17141 976-1987 Claimant. Attorneys for CLAIM FOR DAMAGES STEVE BELLOISE, Claimant, ) CLAIM FOR DAMAGES AND VS. ) PERSONAL INJURIES (Government Code §910) COLUMBUS TUSTIN PARK; CITY ) OF TUSTIN; COLUMBUS TUSTIN ) INTERMEDIATE SCHOOL; TUSTIN ) UNIFIED SCHOOL DISTRICT; ) DOES 1 through 50, Inclusive, ) Respondents. ) TO COLUMBUS TUSTIN PARK; CITY OF TUSTIN; COLUMBUS TUSTIN INTERMEDIATE SCHOOL; TUSTIN UNIFIED SCHOOL DISTRICT; AND THE ABOVE- NAMED RESPONDENTS: YOU ARE HEREBY NOTIFIED that Claimant, STEVE BELLOISE, hereby makes a claim, computed as of the date of the presentation of this Claim, in an amount in excess of $25,000.00. This Claim is based upon the personal injuries received by Claimant on March 17, 1991. On this date, Claimant was lawfully and with the permission of Respondents, and each of them, playing softball on Field #3 located at Columbus Tustin Park and/or 1 Columbus Tustin Intermediate School, in the City of Tustin, County 2 of Orange, State of California. 3 At the aforementioned time and places, Respondents, and each 4 of them, owned, maintained, repaired, controlled, managed and 5 operated the aforesaid premises, Columbus Park and/or Columbus 6 Tustin Intermediate School. 7 Further, at the aforementioned time and place, Respondents, 8 and each of them, negligently maintained, controlled, managed, 9 repaired and operated the aforesaid premises in that they allowed 10 dangerous and defective conditions to exist, to wit: holes in the 11 field with jutting and exposed sprinklers. Respondents knew, or in 12 the exercise of reasonable diligence and care should have known, 13 that the field was at all times in a dangerous condition and 14 constituted an unreasonable risk of harm to the public, of which 15 Claimant was a member. Respondents negligently failed to maintain 16 and/or repair the sidewalk or to warn Claimant or other members of 17 the public of its unsafe condition, thereby proximately and legally 18 causing all of.the injuries hereinafter described. 19 That the names of the public employees causing the Claimant's 20 injuries are presently unknown to Claimant. 21 As a result of the negligence of the Respondents, Claimant was 22 caused to sustain serious injuries to his person. The medical 23 expenses incurred to date in regard to these injuries are as yet 24 uncalculated and unknown to Claimant. 25 As a further proximate and legal result of the conduct of 26 Respondents, Claimant has suffered and will suffer physical injury, 27 as aforesaid, as well as great mental and emotional distress and 28 physical pain and suffering in an amount as yet undetermined and 2 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 I calculated. As a further direct, proximate and legal result of the negligence of Respondents, and each of them, Claimant has sustained and will incur future special damages consisting of medical and related expenses, the exact amount of which is unknown to Claimant at this time. All notices and/or replies concerning this Claim should be sent to Claimant in care of the Law Offices of Hurwitz & Humphreys, 333 South Anita Drive, Suite 980, Orange, California 92668. Dated: May 22, 1991 LAW OFFICES OF HURWITZ & HUMPHREYS A PROFESSIONAL LAW CORPORATION By SUE SCO Attorneys for Claimant 3