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
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'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
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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
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