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Home My WebLink AboutCC 8 CLAIM #88-22 07-05-88'~ ~ ~~ it ~ m ,..-, ~ CONSENT CALENDAR 28 1988 SUBJECT: HONORABLE MAYOR AND CITY COUNCIL CIE ATTORNEY CLAIMANT: PFEIFER, JASON D.; D/L: 12/16/87; DATE FILED W/CITY: 3/23/8; CLAIM NO: 88-22; CARL WARREN FILE AIVe u,,,,,,; iv,&. · &l&. u 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 ~H. CIS~ OF TUSTIN CLAIM AGAINST ~ ~ ('For Damages to Persons or Personal Property) Received by dc.~..~.~-~-~- '~-~-~- via U.S..Mail Inter-office Mail Over the Counter ! . The law provides generally that a claim must be fi'ied with the City clerk of the City of Tustin within 100 days after which the incident or event occurred. 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 City of Tustin, 300 Centennial Way,.Tustin, California 92680 TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California: The undersigned respectfully submits the following claim and information rela- tive to damage to persons and/or personal property: I. NAME OF CLAIMANT: JASON D. PFEIFER a. ADDRESS OF CLAIMANT: c/o WALLACE. R. DAVIS, EsG. b. PHONE NO: ( c. DATE OF BIRTH: SOCIAL DRIVERS d. SECURITY NO: e. LICENSE NO: Name,. telephone and post office address to which claimant desires notices to be sent, if other than abovs: DAVIS, SAMUELSON, et al.,' 540 N. Golden Circle Drive, ~300, Santa Ana, CA ' 92705-- This claim is submitted agains.t: a. XX , b, The City of Tustin only. The following employee(s) of the City of Tustin only: ,, The City of Tus=Zn and ~ne following employee(s) of the City of Tustin only: Occurrence or event ..om which the claim arises: a. DATE: 12-16-87 b. 'TIME:" 10:24 p.m. c. PLACE (Exact and specific, ioca~ion): Intersection, Newport. Ave. & Vanderiip S~ d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary). Claimant was lawfully and prudently oDer.atin? his motorcycle on the what . clagmant is informed and believes are City owned, operated and consro!led roads, when claimant's motorcycle was struck bv a left ~urn~ng vgh~cle (continued on additional page) e. Wha~- particular action bvo the City, o~. .{ts emsiov~s,~ .__ caused the alleged damage or injury? The city permitted the dangerous condition to exist in the public roadways by not prov~G~ng ~or sufficient drainaoe.nd ' ~. . _~ ' ~ ~ '~ to the streets which caused th ~'~ '~-"~ ~ ' ~ - ~/ ' · -~ s!ippery c-~-~-~ition of publi~ property ~n ~¥~St a% the ti-m '_ ~ .i ~. (continued on additional page) '5. Give a description of the injury, property damage or loss so- far as is known at the time of this claim. If there were no injuries, state "no injuries". Claimant sustained head injuries, including cerebral concussion, facial lacerations and multiple fractures of f'acial bones,-soft tissue injuries (cOntinued on-additional page) 6. Give the name(s) of the dity employee(s) causing the damage br injury: Not known. 7. Name and address of any other person injured: Not applicable. Name and address of the owner of any damaged property: (See additional ~a~e) 9.. Damages claimed: General: $250,000.00 a. Amount claimed as of this date: Special: 15,1~8.82 b. Estimated amount of future costs: Not knowr~ at thi.~ time c. Total amount claimed: d. Basis for computation of amounts claimed (include copies o~ ail Dills, invoices, estimates, etc.: See attached paqe Names and addresses of all witnesses, hospitals, doctors, etc.: a. (See additional Da~e) C. d. Any additional information that might be helpful in considering this claim: WARNING: IT, IS A CRIMINAL OFFENSE TO FILE A FALSE C~.IM: (Penal Code Sec=ion 72; Insurance Code Section 556.0)- i have read the matters and statements made in the above claim and I know the same to be =~Je cf my own knowledge, except as to those ~- ~ -~ed tc be upon information or belief and as to such matters i believe the same ~c be true. i certify under Dena!tv of per%u~' that the forecoing is TRUE AND CORRECT~'. day cf Match Executed this 23 Of=ice- o~_ the .City Clerk, ' Tus.tin, California ~San t a Ana · - , 1988 , a~ -~.~e~-~z-n, 'California. DAVIS, SAMUELSON, BLAKELY & GOLDBERG ~I ~N~ U RE WALLACE R. DAVIS, Esq'. Attorneys for Claimant DATE 'FILED: Revised 8/~5/81 JGR:se:R:8/5/81 (A) CLAIM AGAINST THE CITY OF TUSTIN Page 3 (continued) 4. d· the latter of which was entering Vanderlip in a west bound direction while claimant was travelling south bound on Newport Avenue. Claimant contends that the streets at the location above described were in the nature of dangerous condition of public property due to the accumulation of rain water and/or presence of slippery substances on the roadways which contributed to and caused the subject accident. Claimant is-also informed and believes that visibility on the public roadways was impaired due to obstructions and/or insufficient lighting which may have also contributed to the accident. · to neck and back and abrasions to left hip and kneew as well as onset of atrial fibrillation. Claimant also suffered general damages attributable to pain and suffering. Owner of motorcycle claimant was riding at time of accident: Wallace R. 'Davis, Esq. DAVIS, SAMUEL$ON, BLAKELY & GOLDBERG 540 North Golden Circle Drive Suite 300 Santa Ana, California 92705 (714) 835-1205 ~- do $15,18£.82 constitutes costs for medical care occassioned by the accident and $250,000.00 general damages correlates to pain and suffering, mental anguish and emotional distress suffered by claimant as a resuslt of the accident. 10. Western Medical Center, 801Tus~in Avenue, Santa Ana, California David Dyne, M.D. Denis Astari~a, M.D. Paul Meltzer., M.D. Michael Sukoff, M.D. Michael Plechas, M.D. Stanley Lowenberg, M.D. Timothy K. Ogawa, M.D. Robert C. Benson, M.D. ~ Lee Harris, M D H. Kim, M.D. CLAIM AGAINST THE CITY OF TUSTIN Page 4 (continued) !0. (continued) R. L. Merriam, M.D. -~ M. L. Galligan, M.D. ~ Santa Ana Tustin Radiology Group, P. O. Box 8630, Newport Beach, CA Denis Astarita, M.D. WALLACE R. DAVIS MITCHELL SAMUEL$ON I='HRA A. BLAKELY" GERALD N. GOLDBERG NOEL K. TORGERSON EDWARD H. STONE CRAIG F. CASTLE LAW OFFICES DAVIS, SAMUEL$ON, BLAICELY GOLDBERG SUITE 30~O 540 NORTH GOLDEN CIRCLE DRIVE SANTA ANA, CALIFOR.NIA 92705-3988 TELEPHONE (?14) 835-1205 TELECOPlER (714) March 23, 1988 87-0281-604 HAND DELIVERED TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California Re: Our Client: PFEIFER: Jason DOA: 12-16-87 Gentlemen: We are enclosing a Claim against the above captioned matter to be filed. Please file the claim and return the enclosed self-addressed, stamped envelope conveniehce. Thank you for your WRD: im Enclosures cc: Mr. Jason Pfeifer City' of Tustin in the copy, conformed, in the provided for your cooperation in this matter. Very truly yours, DAVIS, SAMUELSON, BLAKELY & GOLDBERG