HomeMy WebLinkAboutCC 6 CLAIM #89-27 08-07-89 CONSENT CALENDAR
DATE:: JU~ 24, 1989
JUL 2 t989
~O~O~~B ~OR ~ CI~ COURCI~
T0:
FROM:
CITY ATTORNEY
CLAIMANT: DONALD WIKLUND; D/L: 2/13/89; DATE FILED
W/CITY: ?/13/89; CLAIM NO: 89-27; CARL WARREN FILE
SUBJECT:
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 . ROURKE
City Attorney
JGR:D: 7/24/89 (F4)
Enclosure: Copy of Claim
2
4
5
10
1i
12
13
14
15
1.7
18
19
20
23
24
25
26
27
28
ROSE. KLEIN & ,M.~ARiAS
A'T-rORNEYS AT LAW
28! SOUTH THOMAS STIflE'-r THIRD FLOOR
P O BOx 2939
POMONA. CALIFORNIA 91769
TELEPHONE {71~t) 622-1146 (818) 967-1408
~SP:\CE BEI.OW FOR F!I.ING STAMP ONI.Y)
Attorneys for Gl a iman t
DONALD WIKLUND,
Claimant,
VS
)
)
)
)
) CLAIM FOR PERSONAL INJURY
) (Government Code §910)
CITY OF TUSTIN, MUTUAL LIQUID )
GAS & EQUIPHENT COMPANY, INC., )
CASE SWAYNE COHPANY, INC.,
ATCHISON, TOPEKA & SANTA FE
RAILWAY COMPANY, DOES 1
through 20, Inclusive,
Respondents.
TO: CLERK OF THE CITY OF TUSTIN'
You are hereby notified that Donald Wiklund, whose address
is
claims damages from the City of Tustin, Does 1 through 5,
Inclusive, in an amount computed as of the date of the
presentation of this claim of FIFTY THOUSAND DOLLARS
($50,000.00).
This claim is based on personal injuries sustained by
claimant on February 13, 1989 at approximately 9:30 p.m., while
travelin~ northbound on a road which claimant believed was an
access to the 55 Freeway located between 1001 and 1021 East
Edinger in the City of Tustin.
-1-
1
2
4
10
11
21
22
23
24
25
26
27
28
At said time~and place, the claimant was operating a 1983
Nissan pick up westbound on East Edinger and made. a right hand
turn onto what the client believed was an access road which is
located between 1001 and 1021 East Edinger. After making a
·
right hand turn, the claimant proceeded in a northerly direction
on said road when suddenly and without any warning whatsoever,
said road ended into a set of railroad tracks which were
protruding several inches above the roadway.
The claimant contends that the accident in-question was the
result of the negligent, careless and unlawful manner in which
respondents, City of Tustin maintained, controlled, repaired,
designed, inspected and failed to warn that the unnamed roadway
would end-at the railroad tracks which were protruding several
inches above the surface of said roadway believed to be Newport
Avenue. That the names and/or identities of the employees,
agents or representatives of respondents responsible for the
aforementioned negligent, careless and unlawful condition are
presently known to claimant.
As far as is known as of the date of the presentation of
this claim, claimant's injuries consist of, but are not limited
to neck, head, right shoulder and back. Said injuries were the
direct and proximate result of the negligent, careless and
unlawful acts of the respondents as hereinabove mentioned.
The amount claimed as of tbe date of the presentation of
this claim is FIFTY~THOUSAND DOLLARS ($50,000.00) in.addition to
claimant's medical expenses, past, present and future loss of
earnings, past, present and future, and loss of earning
capacity.
-2-
10
11
18
19
22
23
24
25
26
27
28
All notices Or other con~unications with regard to this
claim should be sent to claimant at the offices of Rose, Klein &
Marias, 281 South Thomas, 3rd floor, Pomona, California 91766.
Dated: July 11, 1989
ROSE, KW
/
BY:~ (
_
John
Attor~
IN & PLARIAS
--Pacheco
~y for Claimant
-3-