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HomeMy WebLinkAboutCC 6 CLAIM #89-36 11-06-89TO: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL CITY ATTORNEY CLAIMANT: WALTER AND IRENE THOMAS; D/L: 3/3/89; DATE FILED W/CITY: 9/1/89; CLAIM NO: 89-36; CARL WARREN FILE NO: S59900NPB 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. ~ · ,~ ~EE ~ ROURKE City Attorney JGR ( F4 ) Enclosure: Copy of Claim ,J FC~ANK A. ~OZZl ()g34-~gs~.) ~'AMI/y L~W August 31, 1989 SUITE City Clerk City of Tustin 300 Centennial Way Tustin, CA 92680 Claim for Personal Injuries Gov't Code ~910, et seq., Gentlemen: The clients named below have retained this office to represent them regarding the following claim: CLAIM AGAINST PUBLIC ENTITY 1. Name, Address of Claimant: Walter'Thomas and Irene Thomas 2. Address to Which Notices. Should Be Sent: FRANK J. TERRERI 2121 E. Coast Hwy., Ste 280 Corona Del Mar, CA 92625 3. Date, Place, Other Circumstances of the Occurrence or Transaction which Gave Rise to the Claim(s) Asserted: On March 3, 1989, at approximately 3:00 p.m., Claim- ant Walter Thomas was involved in an automobile accident on Newport Blvd. at or near its intersection with Old Irvine Blvd. in Tustin, California. The City of Tustin was not directly involved in this accident as is shown by a copy of the police report which is attached. However, the claimant states that the' City of Tustin was negligent in the erection of traffic signals at this particular intersection. City Clerk, City of Tustin August 31, 1989 Information to this time indicates that the City of Tustin had definitely intended to erect a traffic signal at this intersection, and apparently was in the process of doing so for at least a 'three (3) month period but did not, in fact, erect the traffic signal until after the accident in question here. 4. General Description of the Injury, Damages, or Loss incurred as it may be known at the time of presentation of this claim: Walter Thomas suffered severe injuries as a result of this accident. Some of the injuries include but are not limited to: trauma of the brain; shattering of the right leg with inser- tion rods; cuts around the right arm leaving scars; a knot on the head and stitches in the head; a heart attack subsequent tc ~he accident. Irene Thomas' damages will be governed by the rules relating to loss ofconsortium. 5. The Name or Names of the Public Employee or EmDloyees Causing the Injury, Damage, LOss, known to Claimant at this time: City of Tustin Orange County, California 6. The Amount Claimed as of Date of Presentation of the Claim, including the Estimated Amount of any Prospective Injury, Damage, or Loss, insofar as it may be known at Time of Presenta- tion of the Claim, together with the Basis of Computation of the Amount Claimed. General Damages Special Damages $1,000,000 UNK The within claim is presented according to the applicable provisions of the Gov't Code of the State of California. Please acknowlege receipt of this claim and act upon it in compliance with the law. Cordially yours, FRANK J. TERRERI' FJT:sam Enclosures cc: Walter and Irene Thomas STATE OF CALIFORNIA, COUNTY OF I have read the foregoing.. and know its contents. I~ CHECK APPLICABLE PARAGRAPH I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I am [] an Officer I"1 a partner.. []a of. a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. [] I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. l"l The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I am one of the attorneys for a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. Executed on , 19.. . at .California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Type or Print Name ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Received copy of document described as Signature on .. 19 . Type or Print Name PROOF OF SERVICE Signature STATE OF CALIFORNIA, COUNTY OF I am employed in the county of I am over the age of 18 and not a party to the within action; my business address is: 2].21 E. Suite 280, Corona Del Mar, Ca]~ifornia 92625 O" Sept. 1 , 19 89; I served the foregoing document described as Claim for Personal InjurS. e~ by Walter and Irene Tbom~.q August 31, 1989 in this action by placing a true copy thereof enclosed in a scaled envetope addressed as follows: City Clerk, City of Tustin 300 Centennial Way Tustin, CA 92680 State of California. CoaSt Highway ~ (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at . , California. Executed on , 19 , al Corona Del Mar , California. [~] (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee. Executed o,_ September 1 19 89. at Corona del Mar . California. [~ (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. ~ (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. FRANK J. TERRERI Type or Print Name