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HomeMy WebLinkAboutCC 6 CLAIM #90-47 01-07-91DATE: DECEMBER 18, 1990 CONSENT CALENDAR NO. 6 1-7-91 Inter - Com TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: CLAIMANT: JAMES JONES; D/L: 7/19/90; DATE FILED W/CITY: 12/10/90; CLAIM NO: 90-47; CARL WARREN FILE NO: S 63219 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. J ES G. ROURKE City Attorney JGR:kbg(claim.frm) Enclosure: Copy of Claim 11/29/90 City of Tustin 300 Centennial Way Tustin CA 92680 Att: Governmental Claims NOTICE OF CLAIM AGAINST GOVERNMENTAL ENTITY PURSUANT TO GOVERNMENT CODE SECTION 910 1. The name and address of claimant: Name: James Jones 2. The post office address to which the person presenting this claim desires notices to be sent: Name: Law Offices of Richard G. Andrews Street: 2670 N. Main n300 City/State/Zip: Santa Ana, CA 92701 3. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted: Date: 7/19/90 Time: 12:00 Place: Franklin & Walnut, Tustin At such time and place City of Tustin, and its agents and employees were negligent in the maintenance, supervision, management, design, operation, and control of their property and that property under their management and control in and about Franklin & Walnut, Tustin, and all their agents and employees were acting within the course and scope of their agency and employment, and by which conduct they knew, or reasonably should have known would result in injury and damages to claimant, and which in fact did result in injury and damages to claimant herein; to wit: James Jones was travelling on Franklin Street at Walnut in the City of Tustin. The left turn lane and number 1 lane were blocked by cones in a careless and confusing manner resulting in a hazard for traffic. Due to the negligence of the City and traffic crew as well as the speeding of the defendant driver his vehicle was struck on the left rearfender. 4. The name of the public agency, agents, or parties who caused the injury, damage or loss, if }-no%•:n, are: Claimant is informed and believes that City of Tustin and their agents and employees caused Claimant's injuries and damages and other parties whose identities and capacities are not known at this time. 5. Nature of the injury and damages known at the presentation of the claim: James Jones sustained injuries to his neck and lova back as a result of this accident. Due to the injuries and complaints sustained in this accident our client's social and recreational activities have been restricted. In addition the claimant is informed and believes that claimant has and will continue to sustain wage loss and loss of earning capacity as well as medical and related expenses in the future. Claimant further alleges claimant has sustained property damages and incidental damages arising from this incident according to proof. 6. The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss as it may be known at the time of the presentation of the claim is in excess of the jurisdictional amount of the Municipal Court and within the jurisdictional requirements of the Superior Court of the State of California. The true amount of damages will be proven at time of trial of this matter. Dated: 11/29/90 Law Offices of Richard G. Andrews y: Ric and G. Andrews Attorney at Law Representative for Claimant rga : CJR 1 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE: I am employed in the County of Orange, State of California, in the offices of a member of the bar of this Court under whose direction this service was made. My business address is Law Offices of Richard G. Andrews 2670 N. Plain n3001 Santa Ana, CA 92701; I am over the aae of eighteen (18) and not a party to the within action. On4 , 19�, I served the forgoing document described as NOTICE OF CLAIM AGAINST GOVERNMENTAL ENTITY on City of Tustin in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States Mail at Santa Ana addressed as follows: City of Tustin 300 Centennial Way Tustin CA 92680 Att: Governmental Claims I declare under penalty of perjury that the forgoing is true and correct. Executed on 19 at Santa Ana, California. Law offices of Richard G. Andre%•: s By. nnie J. Paralegal 1 , -rri�� �_yn:)I �'in.in:ia) Haza 26,Io ,Nodi Main tr«t, : uilr 300 a nt.l Ana. Call(orina Q2701-1204 City of Tustin 300 Centennial Way Tustin CA 92680 Ricliar d G. Andr CWS Attorlu•vS .It 1^1w 11/29/90 Our Client: James Jones Place of Accident: Franklin & Walnut Tustin Accident Date: 7/19/90 Nature of Claim: Personal Injury Our File Number: 4200.01 ('i l.l) Q72 -U270 Dear City of Tustin: We have enclosed for your review and retention our client's CLAIM AGAINST GOVERNMENTAL ENTITY and accompanying proof of service. According to our files and records you have not heretofore been sent any prior Notice of Claim by our client or any other person. If your records reflect a prior notice please let us know as soon as possible so that we can review same and calendar the appropriate notice requirements. If so, in addition, consider this an amended notice. You'll also find a copy and a return stamped and self-addressed envelope for your convenience. Please return a date stamped conformed copy for our files. Should you have any questions regarding this matter or wish to discuss it in detail we shall look forward to cooperating with you to achieve a reasonable and prompt resolution of this matter. Sincerely, Law Offices of Richard G. Andrews By: Richard G. Andrews Attorney at Law rga:CJR enclosures: Original and one copy of: Notice of Claim and Proof of Service