HomeMy WebLinkAboutCC 5 CLAIM #91-28 08-05-91• CONSENT CALENDAR NO. 5
8-5-91
MGENDA,
Inter-Com
DATE: JULY 15, 1991 \
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: STEVE BELLOISE; D/L: 03-17-91; DATE FILED W/CITY:
06-26-91; 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.
Veryyour ,
JAWS -G. ROURKE
City Attorney
JGRJab:071291(CL- 9128n.jab)
Enclosure: Copy of Claim
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LAW OFFICES OF
HURWITZ & HUMPHREYS
SUITE 980
333 SOUTH ANITA DR.
ORANGE. CALIFORNIA 92666
( 714 ) 978-1987
Attorneys for Claimant.
STEVE BELLOISE,
Claimant,
VS.
CLAIM FOR DAMAGES
COLUMBUS TUSTIN PARK; CITY
OF TUSTIN; COLUMBUS TUSTIN
INTERMEDIATE SCHOOL; TUSTIN
UNIFIED SCHOOL DISTRICT;
DOES 1 through 50, Inclusive,
Respondents.
PACE BELOW FOR FILING STAMP ONLY)
FIRST AMENDED
CLAIM FOR DAMAGES AND
PERSONAL INJURIES
(Government Code §910)
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
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Columbus Tustin Intermediate School, in the City of Tustin, County
of Orange, State of California.
At the aforementioned time and places, Respondents, and each
of them, owned, maintained, repaired, controlled, managed and
operated the aforesaid premises, Columbus Park and/or Columbus
Tustin Intermediate School.
Further, at the aforementioned time and place, Respondents,
and each of them, negligently maintained, controlled, managed,
repaired and operated the aforesaid premises in that they allowed
dangerous and defective conditions to exist, to wit: -.-holes in the
field with jutting and exposed sprinklers. Respondents knew, or in
the exercise of reasonable diligence and care should have known,
that the field was at all times in a dangerous condition and
constituted an unreasonable risk of harm to the public, of which
Claimant was a member. Respondents negligently failed to maintain
and/or repair the field or to warn Claimant or other members of the
public of its unsafe condition, thereby proximately and legally
causing all of the injuries hereinafter described.
That the names of the public employees causing the Claimant's
injuries are presently unknown to Claimant.
As a result of the negligence of the Respondents, Claimant was
caused to sustain serious injuries to his person. The medical
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expenses incurred to date in regard to these injuries are as yet
uncalculated and unknown to Claimant.
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As a further proximate_ and legal result of the conduct of
Respondents, Claimant has suffered and will suffer physical injury,
as aforesaid, as well as great mental and emotional distress and
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physical pain and suffering in an amount as yet undetermined and
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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: June 20, 1991 LAW OFFICES OF HURWITZ.& HUMPHREYS
A PROFESSIONAL LAW CORPORATION
SUE .N N. C
Attorneys for Claimant .