HomeMy WebLinkAboutCC 13 CLAIM #90-22 09-04-90AGENDA9-d-96
DATE: August 29, 1990
CONSENT CALENDAR NO. 13
9-4-90
Inter - Com
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: Tal Schofield; D/L: 2/8/90; DATE FILED W/CITY:
6/25/90; CLAIM NO: 90-22; CARL WARREN FILE NO: S 63500
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.
r'
'ME S G. RO RKE
City Attorney
JGR:kbg(claim.frm)
Enclosure: Copy of Claim
ICI; OF k
uU�J, Ilr�ll MAOAn r NO
r1 D
June 21, 1990
City of Tustin
City Clerk's Office
300 Centennial Way
Tustin, CA 92680
3605 1 ON(; III -M I1 1101:1 1-VARD, S1 III: IM
N O BOX _126-30
LONG F3FA(:11. CALIFORNIA 90801
(213) 627-20u4
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Tal Schofield vs. City of Tustin
Gentlemen:
Enclosed for filing please find the original and two copies of
our Claim for Damages. Please date stamp both copies and
return them to our office in the self-addressed stamped
envelope provided.
Very truly yours,
THE LAW OFFICES OF LARRY H. PARKER, INC.
ELIZ;�ETH A. BARKER
Attorney at Law
EAB:lw
Enclosures
1
2
3
4
5
6
7
8
9
10
11
12
13
1a
15
16
17
18
19
20
'D 1N
92 N
23
24
25
6
V
L
(A 'an- I- AW 0I -'F ICI;.Is OF k1
NCJ
3605 LONG BEACH BOULEVARD
SUITE 100, P. 0. BOX 22640
LONG BEACH. CALIFORNIA 90801
TELF11HONE (213) 427.204.1
Attomey for Claimant
Our File No.: G-90-00057
TAL SCHOFIELD,
VS.
CITY OF TUSTIN,
CITY OF TUSTIN
COUNTY OF ORANGE
STATE OF CALIFORNIA
Claimant,
Defendant.
N
SPACE BELOW FOR PILING STAMP ONLY)
CLAIM NUMBER:.
CLAIM FOR DAMAGES
1. Name of Claimant: Tal Schofield.
2. Age of Claimant: 27 years old.
3. Address of Claimant: c/o The Law offices of Larry H.
Parker, Inc., 3605 Long Beach Boulevard, Suite 100, P. 0. Box
22640, Long Beach, California 90801.
Notices should be sent to The Law Offices of Larry H.
Parker, Inc., 3605 Long Beach Boulevard, Suite 100, P. O. Box
22640, Long Beach, California 90801.
4. Date of Injury: February 8, 1990.
Place of Injury: Number 1 eastbound lane of 17th
Street, 161 feet west of Malena Street, in front of a private
1'
2
3'
4
5
6
7
8
9
10
11
8
12
W
X H R
WN m�
13
U
14
JrJ� i N
0 U
�-W6Z
15
Za Z
�g °
16
n
17
18
19
20
21
22
23
24
25
26
,)7
28
driveway entrance to a shopping center in the City of Tustin,
County of Orange, State of California.
Manner of Injury: Claimant was a driver of a
motorcycle that was eastbound in the number 1 lane of 17th
Street west of Malena Street when a vehicle driven by Elizabeth
Burton exited the shopping center driveway and made a left turn
in front of the Claimant. Claimant's injuries were the
proximate result of, although not limited exclusively to, the
City of Tustin's negligent road design, maintenance and control,
failure to have and maintain proper traffic controls and/or
markings at this particular section of the roadway, to wit:
failure to recognize the danger of allowing vehicles to make
left turns when exiting this driveway; failure to close out
the center divider which would have eliminated the possibility
of dangerous left turns into or out of this driveway; failure
to post proper signs; failure to require the shopping center to
post and pre -warn the driveway and to place a restraining line
across the mouth of the driveway; and failure of the City of
Tustin's engineers to recognize the dangerously designed roadway
conditions.
5. Nature and extent of injuries: Claimant sustained high
speed blunt trauma with high suspicion of vertebral or spinal
cord injury; abrasions to the left thigh; L3-4 large left
lateral disc bulge protruding into the left forearm, this would
appear most consistent with a lateral disc hernation and L4-5
moderate (3 to 4 mm); and broad based central bulging of the
L4-5 disc.
-1)-
1
2
3
4
5
6
7
8
9'
10l
11''
8 12
W
W
° 13
H m N
Q N
m Q
NUS 14
== x = N
O U m t W
�m°mo 15
Ua Z a
Z W {.�
J -J OJ W 16
H
in
O
17
18
19
20
21
22
23
�4
?5
_ 6
2
V
ry
6. Amount of damages claimed to date: Within Superior
Court jurisdiction and includes damages for present injuries and
prospective injuries, medical expenses and property damage, the
amounts of which are presently unknown to Claimant. Claimant
has not received any statements from anyone.
Dated: / , 19 9e .
THE LAW OFFICES OF LARRY H. PARKER, INC.
By: 4�• /
SCC �
J ELIZABETH A. BARKER
Attorney at Law
-3-