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HomeMy WebLinkAboutCC 5 CLAIM #90-15 06-18-90riiLA ilowl iUb DATE: JUNE 11, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY -gNSEfJT CALENDAR N0. 5 6/18/90 Inter - Com SU EJECT: CLAIMANT: RHODANNE & ROBERT FOY; D/L: 12/21/89; DATE FILED W/CITY: 5/1/90; CLAIM NO: 90-15; CARL WARREN FILE 7KT^ • Q L 7 7 7 /'%T Q 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. ,DAMES G. ROURKE City Attorney JGR:kbg(F4) Enclosure: Copy of Claim CLF.IM AGAINST THE CITY O Z TUSTIN (,For Damages to Persons Personal Property) Received by S. Mail iter -of f ice Mail Over the Counter via The law provides generally that a claim must be filed with the City Clerk o the City of Tustin within 100 days after which the incident or event occurred Be sure your claim is 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 mailed or delivered to th, City Clerk, The City 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 tive to damage to persons and/or personal property: 1. NAME OF CLAIMANT: ROBERT EOY a. ADDRESS OF CLAIMANT: c/o- Kcal lc,r nobrattt 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: c/o Cobv N. Keller, KF'LT_�ER, WEBER & DOB'P=. , 18300 Von Kar_man Ave . , Ste. 910 , Irvine, CA. 92715 . This claim is submitted against: a. XX The City of Tustin only. b. The following employee(s) of the City of Tustin only: C. The City of Tustin and the following employee s) of the City of Tustin only: 4. Occurrence or event from which the claim arises: a. DATE: _12-21-90 b. TIME: 0.00 C. PLACE (Exact and specific location) : TntQrsection of Main ai.i "C"' 'qtr( -(-t d. Flow and under what circumstances did damage or injury occur? Specif the particular occurrence, event, act or omission you claim caused the -injury or damage (Use additional paper if necessary). _ Claimant observed his mother, RHODANNE, FOY, hit by car while in crosswalk. e. What particular action by the City, or its employees, caused the alleged damage or injury? Negligent design placement, maintenance and illumination of r-rass- walk. - ►A descri tion of in ' ur , » . Givea P � 7 Y known at the time of s claim. injuries". property damac -w r loss so far If there were linjuries,'staL Severe emotional distress. ;. Give the name (s) of the City employee (s) causing the damage or injury: Unknown. 7. 'Name and address of any other person injured: Rhodanne Foy 3. Name and address of the owner of any damaged property: 9. Damages claimed: a. Amount claimed as of this date: $1001000,00 b. Estimated amount of future costs: C* Total amount claimed:- $100,000.00 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.: 10. Names and addresses of all witnesses, hospitals, doctors, etc.: a. Refer to attached Police Report b. C. d. 11- Any additional information that might be helpful in considering this claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM ( 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 27th day of Aril 1990 at Tustin, California. Office of the City Clerk, Tustin, California C"_ TH NO: Revised 8/05/81 JGR:se:R:8/5/81 (A) CLAIMANT'S 8IGNAT URE ROBERT FOY DATE FILED: CLAIM AGAINST (For Damages THE CITY O USTIN to Persons Personal Property) Received by . Mail _er-office Mail Over the Counter via The law provides generally that a claim must be -i ed with the City Clerk o the City of Tustin within 100 days after which the incident or event occurred.: Be sure your claim is against the City of Tustin, not another public entity. Where space is insufficient, please use additional paper and identify informa•i tion by paragraph number. Completed claims must be mailed or delivered to the City Clerk, The City 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- tive to damage to persons and/or personal property: 1. NAME OF CLAIMANT: RHODANNE FOY a. ADDRESS OF CLAIMANT: c o.Keller, Weber & Dobrott 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: c/o Coby N. Keller, Esq. Keller, Weher & Dobrott, 2830*0 Von Karman Avenue, Ste. 910, Irvine, -CA. 92715 This claim is submitted_ against: a. XX The City of Tustin only. b. The following employee(s) of the City of Tustin only: C. The City of Tustin and the following employees) of the City of Tustin only: 4. Occurrence or event from which the claim arises: a. DATE: 12-2.1-90 b. and specific location) : •TIME: 20:00 C. PLACE (Exact intersection of Main Street and "C" Street d. flow and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the -injury or damage (Use additional paper if necessary). Claimant was hit by car while in crosswalk crossing Main Street. e. What particular action by the City, or its employees, caused the alleged damage or injury? Negligent design, placement, maintenance, and illumination of the crosswalk - A - Give I a description of- injury, property damac- r loss so far ,known at the time of .s claim. If there werE injuries, � stat injuries". Claimant suffered:fx'actured leg, lacerations and contusions to the head, and laceration of t e Iver. 6. Give the name (s) of the City employee (s) causing the damage or injury: Unknown. 7. Name and address of any other person injured: Robert Foy, emotional distress, son of claimant., 8. Name and address of the owner of any damaged property: 9. Damages claimed: Medicals to date in excess of $50,000.00 a. Amount claimed as of this date: and $1,000,000.00 general. b. Estimated amount of future costs: Unknown C. Total amount claimed:- 51,050,000.00 d. Basis for computation of amounts claimed ( include copies of all 'bills,. invoices, estimates, etc.: 10. Names and addresses of all witnesses, hospitals, doctors, etc.: a. Ulestern Medical Ctr., 1001 North Tustin Ave., Santa Ana, CA. 92705 b• Please refer to attached Police Report. c • 'D1 e a s P -rP-fPr t -n e n c 1 a s e d Mec-1J.cal Reports . d. 11- Any additional information that might be helpful in considering this claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM ( 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 27thday of April , 19 90 , at Tustin, California. office of the City Clerk, Tustin, California C� � IM NO: Revised 8/05/81 JGR:se:R:8/5/81 (A) CLAIMANT'S P11ODANNE FOY DATE FILED: GGN RE