HomeMy WebLinkAboutCC 3 CLAIM #89-21 07-17-89AGEN DA= CALENDAR,
_
TO:
HONORABLE MAYOR AND CITY COUNCIL
FROM:
CITY ATTORNEY
CLAII~LNT.- BARRY COOPER; D/L: 4/23/89; DATE FILED
SUBJECT: W/CITY: 6/15/89; CLAIM NO.- 89-21; CARL WARREN FILE
NO. S57913 NPB
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.
Assistant City Attorney
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JGR/LEJ :D: 6/26/89 (F4)
Enclosure: Copy of Claim
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LAW OFFICES OF SOLOMON & LEVIN
1971 East 4th Street, Suite 200
Santa Ana, CA 92705-3900
Telephone: (714) 972-8561
Attorneys for Claimant
In the Matter of the Claim of: )
)
BARRY W. COOPER )
)
V$o )
)
CITY OF TUSTIN and DOES 1 to )
20, Inclusive )
)
GOVERNMENT CODE §910 CLAIM
Claimant, BARRY W. COOPER, hereby presents this Claim to
the CITY OF TUSTIN, pursuant 'to Government Code §910,'~s follows:
1. The name and post office address of Claimant is:
BARRY W. COOPER
2. The post office address to which Claimant desires
any notices regarding this claim sent is:
LAW OFFICES OF SOLOMON & LEVIN
1971 East 4th Street, Suite 200
Santa Aha, CA 92705-3900
3. On April 23, 1989, on Raintree Street, in the City
of Tustin, County of Orange, California, Claimant received persona]
injuries under the following circumstances: while flying a kite
on Raintree Street, Claimant fell into an open water meter port
that is owned and operated by the CITY OF TUSTIN/WATER DEPARTMENT.
4. Respondents, CITY OF TUSTIN/WATER DEPARTMENT and DOES
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1 to 20, Inclusive, owed an affirmative duty to Claimant, and the
general public, not to allow dangerous conditions ~o exist on pro-
p~rty under their custody and control. .Respondent' breached their
affirmative duty when they allowed an open water meter port to
exist on their property. Respondent failed to post any warning
signs or devices of any sort to guard against persons, such as
Claimant, f~om falling into said port. Respondent's failure has
created a dangerous condition that caused Claimant to sustain the
severe and serious injuries that give rise to this Claim.
5. So far as it is known to Claimant, at the date of
filing of this Claim, he has incurred.damages in an amount yet Un-
determined d~e to the injuries sustained to his back, neck and
shoulders. Claimant is continuing to undergo medical treatment at
the time of filing of this Claim; therefore, Claimant reserves the
right to Amend this Claim ~"the future, once the full extent of
his physical injuries and medical expenses are fully ascertained.
DATED: May ~/., 1989.
LAW OFFICES OP-. SOLOMON & LEVIN
By-
R~chard A. 'Sol. omon,
Attorneys for Claimant.
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