HomeMy WebLinkAboutCC 4 CLAIM #91-13 04-15-91+� y� L) AL���
DATE: APRIL 8, 1991
TO: HONORABLE MAYOR AND CITY COUNCIL
CONSENT CALENDAR NO. 4
4-15-91
Inter- Com
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: GORDON & LESLIE ECKERLING; D/L: 1-20-91; DATE FILED
W/CITY: 3-18-91; CLAIM NO: 91-13; CARL WARREN FILE NO: S
64293 CLB
After investigation and review it is recommendedthe
to
above -referenced claim be rejected and the City Clerk directed
give proper notice of the rejection to the claimant and to the
claimant's attorney.
Very t yours,
j G. ROURKE
City Attorney
JGRJab(c1-9113 jab)
Enclosure: Copy of Claim
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ROBINSON & PHILLIPS
26722 Plaza Street, Suite 230
Mission Viejo, CA 92690-7010
(714) 582-6901, FAX 582-3923
Attorneys for Claimants
GORDON B. ECKERLING, M. D.
and LESLIE ECKLERLING
GORDON B. ECKERLING, M.D.;
LESLIE ECKERLING,
Claimants,
VS.
CITY OF TUSTIN; COUNTY OF ORANGE,
Respondents.
CASE NO.
CLAIM FOR DAMAGES TO
GOVERNMENTAL/PUBLIC
ENTITY PURSUANT TO
GOVERNMENT CODE SECTIONS
910 Et. Seq.
TO: CITY OF TUSTIN
COUNTY OF ORANGE
1. Date of Incident: Sunday, January 20, 1991
Time - Approximate: 12:30 p.m.
2. Place of Incident: Castlegate and Arroyo
Tustin, California
3. Claimants make and file a claim against each of the above-
named parties hereafter referred to as Defendants arising
out of the incidents described herein.
4. This claim is for:
X personal injuries as to both Claimants
Resulting in the following damages:
_ X_ pain and suffering X _ medical expenses
X lost earnings X_ property damage
X loss of consortium
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X impaired future earning capacity.
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5. The damages claimed are a proximate result of:
A. The negligent, wanton, reckless and unlawful conduct of
Defendants causing:
_ X _ injuries to Claimant GORDON B. ECKERLING, M.D., and
loss of consortium and "Dillon v. Legg"/"zone of impact"
damages as to the wife/eyewitness Claimant LESLIE ECKERLING.
Claimants allege that the subject roadway area,
including the subject open ditch/trench (hereinafter
described) constituted a dangerous and defective condition
which the Defendants created and of which the Defendants had
either constructive -and/or actual notice of. Further, it is
alleged that leaving the open ditch/ trench without any sort
of markings and/or barriers and/or without any "interim
filling" reaching up to and continuous with the existing
roadway surface constitutes a foreseeable area into which
individuals could enter and experience difficulties, be it a
pedestrian, bicyclist, motorcyclist and/or motor vehicle
operator. Further, shortly following the subject incident,
the subject ditch/trench was filled and covered so as to
eliminate the problem and/or condition existing at the time
of the subject incident.
Claimant LESLIE ECKERLING, at all times herein
mentioned, was the lawful and legal spouse of Claimant
GORDON G. ECKERLING, M.D. She has experienced personal
damages and loss as a result of her husband's injuries. As
such Respondent is advised that Claimant LESLIE ECKERLING is
a "loss of consortium" Claimant. Further, Claimant Leslie
Eckerling was physically present and actually observed the
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incident involving her husband and the immediate post -
incident consequences of said accident. As such, Respondent
is advised that Claimant Leslie Eckerling is a "Dillon v.
Legq"/"zone of impact" related party witness.
6. The name, address and county of residence of the Claimants
is:
Name: GORDON B. ECKERLING, M.D.
LESLIE ECKERLING
Address: 1291 Mumford
Santa Ana, CA
County: Orange
7. The post office address to which the persoris presenting the
claim desire notices to be sent is:
ROBINSON & PHILLIPS
26722 Plaza Street, Suite 230
Post.Office Box 9010
Mission Viejo, CA 92690-7010
8. General Description of Incident:
On Sunday, January 20, 1991, at approximately 12:30
p.m., Claimant Gordon Bruce Eckerling, M.D. was riding a
bicycle on Arroyo, approaching the intersection of Arroyo
and Eastgate in the City of Tustin, County of Orange, State
of California. As Claimant Gordon Eckerling, M.D.
approached said location of the intersection of Arroyo and
Eastgate, he came into contact with an*open, unmarked
trench/ditch. The front of his bicycle entered the ditch
and, as a result thereof, he was thrust forward over the
handlebars of said bicycle and came into contact with the
street surface and sustained severe personal injuries. At
all said times Claimant Gordon Eckerling, M.D. was wearing a
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1 bicycle helmet and bicycling glasses. Due to the size,
2 angulation and coloration of the roadway surface, location,
3 position, exposed roadway edges and ditch/trench, the
4 existence of said open, unmarked ditch/trench was not
5 ascertainable by Claimant Gordon Eckerling, M.D. until such
6 time as he was about to enter the ditch/trench.
7 As a result of this incident, Claimant Gordon
8 Eckerling, M.D. has sustained head and neck, torso, back,
9 hip and leg trauma. The injuries sustained resulted in past
10 and ongoing loss of earnings. Emergency ambulance transfer
11 was necessary with an ensuing hospitalization occurring from
12 the date of the incident on January 20, 1991.up through and
13 including January 26, 1991, at the Western Medical Center in
14 Santa Ana, California. Medical care is still ongoing at the
15 present time. Medical expenses to date include, but are not
16 limited to, approximately $9,294.75 as initial
17 hospitalization medical bills independent of any additional
18 health care provider/physician and related medical expenses.
19 Claimant Gordon Eckerling, M.D. has been precluded from
20 returning to.his position -as -an actively practicing
21 physician since the date of this accident up through and
22 including the present date.
23 9. General Description of Injuries: Trauma and injuries with
24 residual pain and suffering to the'entire.body including but
25 not limited to:
26 - Head Injury with Concussion.
27 - Post -Traumatic Vertigo.
28 - Positional Nystagmus.
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- Neck Vertebra (C-2) Fracture.
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- Mid Back Vertebrae Fractures (T-10 and T-11, 50% and
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30% Respectively, Compression Fractures)
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- Right Upper Extremity Injury including Right Thumb
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avulsion fracture and right ring finger injury.
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- Continuing Neck Pain.
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- Continuing Back Pain.
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10. Claimant Gordon B. Eckerling, M.D. seeks to recover for all
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past and future physical and emotional damages, pain and
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suffering, past and future loss of earnings and impaired
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-.future earning capacity, past and future medical expenses,
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and pain and suffering.
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Claimant Leslie Eckerling seeks to recover for all "loss of
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consortium" and "Dillon V. Legg" zone of impact witness
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damages. Leslie Eckerling has experienced fright,
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apprehension, pain and suffering at the witnessing of her
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husband's incident and related immediate post -incident
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trauma and injuries experienced by her husband. Further, as
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the spouse of said injured Claimant, she is experiencing
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loss of consortium damages, including interruption of the
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normal marital union, the relationship attendant thereto,
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economic disruption and ensuing losses, and pain and
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suffering, anxiety and worry arising therefrom.
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DATED: March \Z, 1991.
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ROBINSON & PHI LIPS
26A
By
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GORDON G. PH JR -
Attorneys for la' nts
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GORDON B. ECKERL , •
LESLIE ECKERLING
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' VERIFICATION
STATE OF CALIFORNIA, COUNTY OF
I hays rtad the forgoing
and ® CHECK APPLICABLE PARAGRAPH know its contents.
❑ I am a party to this action. The matters stated in the foregoing document are true of my own knowwp except as to
those matters which us stated on iaforma6on and belief, and u to tboee maters I believe thews to be true.
❑ I am O an OfTicsr 0 a partner Cl a of
a party to this action, and am authorized to make this verification for and on iu bch&, and I make this verification for that
reason. O I am informed and believt and on that Iround allcgs that the matters stood in the foregoing document are
true. O The matters stated in the foregoing document are true of my own knowledge erupt as to those matters which ars
❑stated on information and belief, and as to those matters I bslievt them to be true.
I am one of the artorrteys for
a party to this action. Such party is abseat from the county of aforesaid when such attorneys have their ofriicts, and I make,
this venfication for aad on behalf of that parry for that reason. I am informed Lad believe and on that ground allege that
the matters stated in the forrgoing document are true. •
Executed on at , California.
I declare under penalty of perjury under the laws of the State o! California that the foregoiag it trot and correct.
Tree or Print Name SigastWs � s
PROOF OF SERVICE
io 1 u► to cct amW sunt
STATE OF CALIFORNIA, COUNTY OF ORANGE
t am employed is the county of ORANGE , Stm of California.
I am over the a of l6 and not a party
to the vhthin action; tar business addma is:
26722 Plaza Street Suite 230 Mission Vie o CA 92690
On 1 19_.1 1 xrvad the forrroins documsat dttaibtd as
CLAIM FOR DAMAGES TO (;OVFRNMFI TTLr /DTTRT TrFITTTTV DTTpCTInNIM
TO GOVERNMENT CODE SECTIONS 910 Et. Sect._
on interested parties in this action
by placing the true copia tberzof enclosed is $"led eawloptt addriewd as stated on tbt ar=bed trailing list:
by placing CO the . o ri giaal 0 a true copy tbereo! roclosed is sealed =vWapss addraaatd as follows;
CERTIFIED MAIL — RETURN RECEIPT REQUESTED
CITY CLERK ORANGE COUNTY COUNSEL
City of Tustin County of Orange
300 Centennial Way 10 Civic Center Plaza, Room 407
Tustin, CA 92680 Santa Ana, CA 92702
® BY MAIL
❑ It deposited mch werslopt is the mail u California.
The tavelope wag maned with pottap tbereoc fully prvpasd,
❑ ks follows: I as -rftd y famine" with the firm's pracnoa of colltctkm uW ptoonsing correspondents for mailing.
Under that prsctirw 1x w0QW bs dwpoti%ed with U.S. postal sxrvics Ou that saint day with poetap tber a fully prepaid at
M' i nn V' •2 California is else orduu:7 caurst of bumn"L I ase aware that on motionof the
party served. service is pcwaunwd ianbd if poi al aacwl-d z date of pottage attaata r dis taon tbao oat day after date of
deposit for mailing is aaktavTt
❑ Executed on lurch 13, 1991 u Mission Viejo , California.
• •(B Y PERSONAL SERYICE) I deLywrd nrcb ettveiopt try hand to UN of km of tbt addrumL
Executed on . 19_. u
. Catifornis.
(State) I dakrs uodst penalty of prMu7 u oder the laws of tee S tut 0! California that the above is uw and correct.
(Federal) I declare thAt I am tm played is lbs offiat of a ttrembet of an bat o! thin event at rr! dirMiok the service was
mads. /
ELAINE WEINER :v
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