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HomeMy WebLinkAboutCC 6 CLAIM #88-27 07-05-88 .... ~ CONSENT CALENDAR ~V ~ NO. 6 7-5-88 'Inter.'- Corn 1988 SUBJECT: HONORABLE MAYOR AND CITY COUNCIL CITY ATTORNEY CLAIMANT: WATILO, KIRK; D/L: 2/10/88; DATE FILED W/CITY: 4/26/88; CLAIM NO: 88-27; CARL WARREN FILE NO: 54697CS 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. City Attorney JGR (F4. se) Enclosure: Copy of Claim CLAIM AGAINST THE CITY '. TUSTIN (For Damages to Persons or Personal Property) via Received by ~.S. Mail Inter-office Mail Over the Counter . the City of Tustin within 100 days after which the incident or event occurrea. 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 the City Clerk, The Cit of Tustin, 300 Centennial Wa , Tustin, California 92680 ~O THE HONORABLE MAYOR AND CITY COUNCIL, City of Tust.in, California: The undersigned respectfully submits the following claim and information'relal tire to damage to persons and/or personal property: a. ADDRESS OF CLAIMANT= :'~ b. PHONE NO: ( c. DATE OF BIRTH: / .~' _ SOCIAL DRIVERS d. SECURITY NO: .-~._~'. - -- ~.~' e. LICENSE NO: / . 2, Name, teleph°ne and post office address to which claimant desires notices to be sent, if other than above: 3~ Thi~ claim is submitted against: . a~ ~ · The City of Tus~in'on!y. b, The following employee(s) of the City of Tustin only: ~ ¢ The City of Tustin and =ne foiiowlng'empioyee(s) of the City of Tus=in only: ~<. ©ccurrence or event from which the claim arises: , c. . .~ ~ and specific ioCa=ion): ?,~ ~(~ ~ ~ : · ' . __~ ~ . ~'.~ ~ . . . ' . ~. t =.~ ~.=t,,, c, *~ ~.,'~,,r; ,.'~ ~;,~. ~,~¥,,,.'/:~ ~e How and unde nces di~ dam'aue or injury occur? =he par=icular occurrence, even=, ac= or omission you =laim =ausea ary ) What particular action by the City, or its employees, caused the a!ie~ed damace or injury? ' · ~ , ' .~ Give a description of the injury, property damage or loss so far as is known at the time of this claim· 'rl~ t. here were no injuries, sr. at.e "no .a____ 6. Give t~e name(s) of the City employee(s) causing the damage or injury: 7. Name and address of any ocher person injured: Name and address of the owner of any damaged property Damage s claimed: a. Amount claimed as of this date: b. Estimated amoun~ of future costs: ~ .. c. To~al ~oun~ claimed: d. Basis ~or computation of amounts claimed (include .coples o~ kii Dii~s, invoice~, estimates, e~c.: _ ~'~ ~._'~- ..... e~c.: Names and addresses of al! wi=nesses, hospitals, c. . . ~y additional in~o~a=ion ~ha= might be helpful in considering this claim: IT IS A CRIMINAL OFFENSE T.O.FILE A FALSE CLAIM'. (Penal Code Section 72; Insurance Code Sec=ion 556.0) have read ~he matter-= and s=atemen=s made in the above claim and I know the aam¢ %0 ~e %.-'ue of my. own knowledge, except as to t~ose mat=ers s:aued to be ,o.-ma~on or Delief and as ~o such matters I meiieve the same %c De %rue. pct. in= ~ ' · cer=i,=y under penalty of perjury that =he foregoing is TRUE A. ND CORRECT.. ~xecu=ed this .'~ ~-.,''t~%... day cf , I: ~;"~ at Tus:in, California Office of the City Clerk, Tustin, California ',,,, C.T.~Z.~[,~',~ ' S SiGNATURE D~ E ? i LED: Revised 8/05/81 jGP~:se:R:8/5/81 (A) KIRK W. WATILO April 20, 1988 Mary Wynn, City Clerk CITY OF TUSTIN 300 Centennial Way Tustin, CA. 92680 Dear Ms. Wynn: I originally contacted Linda Kelly, Asset & Risk Management Dept. of the Irvine Company in regards to the following claim and she referred me to you as the proper authority to assist me with my problem. She said that it was the City of Tusttn who was responsible for the asphalt cuts made in Irvine Blvd. during the week preceeding Wednesday, February 10, 1988. At about'6:15 A.M. 'on Wednesday, February 10, 1988, I was traveling east on Irvine Blvd. just past Browning, entering the East Tustin Construction area. I was traveling between 45 & 50 mph when I hit an area in the road that had been cut but it had not been filled in or covered with a -metal grate which most of the cuts have over them. The impact was tremen- dous, causing me to almost lose control of my vehicle. I continued to my destination in Mission Viejo, but the car wasn't acting right. It had a loud humming sound and was pulling to the right. I finished my meeting in Mission Viejo and began pulling out of the parking lot and much to my chagrin,. I had a flat tire. I had to have the car towed to the Chevron Station on La Paz Road using the Auto Club, and they gave me the good news that the tire was damaged by an impact, thus could not be repaired. Anyone who knows anything about cars realizes when one tire is replaced, they must be replaced in pairs. So, I had two new tires installed. I drove the car for a couple of weeks, but the car still pulled to the right, i took it back to the station, they checked the balancing, said the alignment was fine, and said there could be damage from the frame caused by the impact. I had it looked at by a Honda dealership and they said it could cost up to $400 for repairs, so I sought a second opinion. The Fullerton Tire Co. replaced a strut rod stabilizer bar which se Mary Wynn Page 2 4/20/88 I am seeking reimbursement from the City of Tustin i~ the amount of $314.40 for the damage caused.to my Honda as a direct resul~ of the failure to adequately fill the 'cut in the street or place a plate over it. I would appreciate your prompt attention to this matter. Please mail the reimbursement check to me at the above address. Thank you. Sincerely, Kirk Watilo P.S~ i have emclosed copies ofthe repair bills for your records. protect NEW UNLESS OTHERWISE INDICATED City No. ) OiiFilter Repiac~ Air Cleaner Ga$o. Filter ~ ~ R el:aCk Front Wrmel E.--.~'~9~_ :Ins~e~ i 0 ~,._....._,,,~ ~ ~,~,. !Drain Differential U Joint~ & ,~oline Drive Bel~ Power Stem' CooL~nt Brake Cylinder I _i Tire Condibofl -P. S. L .F /32.1:i F /.32!TYpe ~, LR /32:R R /.'32!Size t ~ Repair ~ Switch ,] lm~I, Coflditiom iDGood D Neeeee Ware: tPo k~. ! Sublet. Re.irs By ; i ~ Foint~ Dm~_k Cbe~ & initialed for Your Radiator I.~ i C?.~,.,-- Drmn P,u.o Filled By I Brake Cyiind~' Wheel Lu~ ' Ymr4nty & Door Record' Zip )ee~ometer Reamn9 L~ense No. i Job TaKen By i LABOR - OTHER PARTS ~_ AM 0 U NT i Sub -total . ' SUPREME~ REGULAR you want ~ o~ oar~? tesltflq a~,ve, y a: my ftSt YOu w,r t~ s~ufe ,~..moufll o, *.DMft *~e*eto. 'nc'uo'n~ ~t U$e l'om any CERTIFICATION ',~ YES :--; I'~0 CERT NO CERTIFICATE COST $ INSPECTION COST $ POSSIBLE WARRA:;TY COVERAGE -- YES "'"' ~0 if "YES" m malcateci. I nave :)een manuta..u,., 's emzss~on war;~.n1'y cove~.~ as re;u~red Dy state o~ California Bna/or iecerm anO I agree ~o ~ave me cease[ ,steo aoove co,m~te:~ the reDmrs. Daze' CUSTOMER 5:,.qN-' TURE · In mUCfibon. I unae.'stanO mat ! n~.','e me n;;),~ to nave a~: em~ssmn servmce anc~ior ao~ustmem cone mesv, n:re. I hereoy wave tn,s ngnt Signe~ Date A~O0 71 :'i :,:1 .i i'