HomeMy WebLinkAboutCC 3 CLAIM #89-7 06-05-89AQE .,DA
DATE: ~b~¥ 3, 1989
'CONSENT CALENDAR
NO.. 3
,, 6-5-89
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Inter-Corn
TO:
HONORABLE MAYOR AND CITY COUNCIL
FROH:
CIT~ ATTORNEY
SUBJECT: CLAIMANT: JOHN ELLEXSON; D/L: 2/16/89; DATE FILED W/CITY:
4/17/89; CLAIM NO: 89-?; CARL WARREN FILE NO: S$7790PRP
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After investigation and review it is recommended that the above-
referenced claim be rejected and the City Clerk directed to give
p=ope= notice of the re~e¢~ion to the claimant and to the
claimant's attorney.
,
,.
City Attorney
JGR(F4.se)
Enclosure: Copy of Claim
CLAIM AGAINST THE CIT% TUS. TIN
('For Damages to Personm Jr Personal Property)
Received by via
7.S. Mail ·
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Inter-office Mail
Over the Counter
The law provideS generally that a claim mUst be' filed' with 'the City Clerk of
the City of Tustin within 100.days after which the incident,or event occurred.
Be sure your claim i's against the City of Tustin, not another public entity·
Where space is insufficient, please use additional paper and identify informa-
tion by paragraph number. Completed claims must be maim'ed or delivered to the
City Clerk, The Cit~; of Tustin, 300 Centennial Way, Tustin~ California 92680
TO'THE'HONORABLE MAYOR AND cITY COUNCIL, City of Tustin, California:
The undersigned respectfully submits the following' claim and information rela"
tire to damage to .persons and/or personal Pr0perty:
1. NAME OF CLAIMANT: John Richard Ellexson
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a. ADDRESS OF CLAIMANT': '
b. PHONE NO: ( c. DATE OF BIRTH:
SOCIAL ' DRIVERS ' "' '
d.. SECURITY NO; e. LICENSE NO:
2. Name, telephone and post office address to'which'claimant desires notices
to .be sent, if other than above:
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This claim is submitted against:
mo ·
C · .X
The City of Tustin only.
The following employee(s) of-the City of Tustin only:
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The City of Tustin and the following empl0yee(s) of the
City of Tustin only:
~tt%ew Joseph Brill
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4. Occurrence or event from which the claim arises:
a. DATE:
de
2-16-89 _~ PLACE (Exact
and ion): Bryan Avenue. at int~rse~ith Charloma
How and under what cir ces did damage~6r b~jury occur? Specify
the particular occurrence, event, act or om~ssion~you claim caused
the injury or damage (Use additional paper
PT~RAg~ gF.F ATTA~'I%,~ '"'-, , ~, , --
e. What particular action by the City, or its employees, caused the
alleged damage or injury?
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PLg'A$~ SEE ATTAC _~L~__%~r_'" _
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'2- Give a description of the injury, property damage~ or loss so far as is
known at the time of this claim. If there were no injuries, state "no
injuries".
No In~uries. P~p.perty dam-Ke as described ,
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6. Give the name(s) of the City employee(s) causing the damage or injury:
Matthew Joseph Brill
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7. Name and address of any other person injured:
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8. Name,and address of the owner of any damaged property:
.John Richard El!exson - 23 Mead~rass~ Irvine, CA.9271&
9. Damages claimed:
a. Amount claimed as of this date: $ 78.50
b. Estimated amount of future costs: 0.00 .....
c. Total amount claimed: ~.78,~Q
d. Basis for computation of amounts claimed (include copies of all bills,
invoices, estimates, etc.: Est~m~...t~ Attached from Ro~er Miller .
Ford of Orange, authorized repair for several large insurance carriers.
10. Names and addresses of all witnesses, hospitals, doctors, etc.:
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a. , , ,
b. . none
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d.
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1-. Any .additional information that might be .helpful in considering this clai'm:
WARNING: IT IS A CRIMIN;~L OFFENSE T.O FILE A FALSE CLAI~'. (Penal Code
Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the
same to be true of my own knowledge, except as to those matters stated to be
upon information or belief and as to such matters I believe the same to be true.
I certify under penalty of perjury that the foregoing 'is TRUE AND CORRECT.
Executed this 13th day of April
Office of the ·City Clerk,
~- tin, California
19 89 , at Tustin, California.
~ ' S SIGNATURE
DATE FILED:
. o
Revised 8/05/81
JGR~,,se :R:8/5/81 (A)
ATTACHMENT TO:
CLAIM AGAINST THE CITY OF TUSTIN FOR DAMAGE TO PERSONAL PROPERTY
dated April 13, 1989.
Claim Form
Paragraph 4.
d.
I was traveling West on Bryan Avenue at a speed of approximately
35 miles per hour.
Near the intersection of Charloma I observed a dump truck be-
ginning to emerge from Charloma and onto Bryan. It was being
driven in reverse gear. I blew my horn and the truck stopped
its backward movement.
I fully expected the truck to reverse its direction and ~ithdraw
from any encroachment on the traveled way of Bryan Avenue. How-
ever, as I closely approached the truck ~emained in .its position
and did not move forward. The 'driver's line of visidn must have
been partially obstructed. He was being required to observe a
scene from his seat .position thru his dab and then past a tractor
loader which was parked to his right along the curb line of
Bryan Avenue.
Nevertheless, it appeared my car would pass the rear end of
the dump truck without contact. However, as I passed the truck
there was contact made-%etween my car and a steel rib of sorts
protruding beyond the dump bed of the truck. A point of this
rib snagged the chrome window trim on the right rear window
of my car, r~pping it out. ~
T~contend the dump truck infringed on my' right-of-way. The
driver should have stopped at the entrance to the intersection
and yield the right-of-way to o.ther vehicles which are approach-
ing from another roadway until such time as he could have pro-.
ceded with safety.
JOHNRICHARD ELLEXSON
{O ER MILLER FORD,, .ORANaE
BODY SHOP
kq/¢.. ~+t,..,C.~. .~!t
621 N. Main Street. Orange. CA 92668
-~". (714} .77[~4830 -;~14) .77~24836
~~+~'"'~ ESTIMATE OF REPAIRS
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SHOET NO. 0~' S)4~[ TS
.... . ::..:...,~ ...... ~.,r,.: '7- ,~- /
R.O.'l · DATE
· ~;1'7.;.~L
CITY ' '~ ~ CODE
A.OO'v~-4-.~- .. P' NON E
MI L~:S Sir FIIA I.
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4 ' ~.m~.~...
$ .
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{net) PARTS
)AR~ PRICES b~ed ~ sea~ard catal~ ~urement PRICE LISTS subject to CHANGE 'WITHO~,'~?
~TICE. pf~ure~nt ~ Oct,very ch3rOes may be ~ded f~ s~cial service ~ items ~t available PAI~
~$1v. ~MAG[O ~ 8ROKEf~ D~t~ re~ved from C~ wdl ~ i~ked~ ~less ow~r in~te~ts us
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'ine ~*~. ;UCH AOOITIONAL LABOR ANO MATERIAL Wl~ BE C~R~D FOR IN ADDITION TO 'TOTAL
~E A~VL tST~mATt {XPm~ aO ~YS ~T~ O*Tt IN~~ ~~E¢ U.. UU~ BE PAID