HomeMy WebLinkAboutCC 6 CLAIM #88-24 08-15-88 ~: ~',; :.!I " " .~ , CONSENT CALENDAR
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$ USJ ECT:
=~.-HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
CLAIM NO: 88-24; CLAIMANT: MARK FERGUSON; D/L:
4/8/88; D/FILED W/CITY: 4/14/88; CW FILE NO-
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
Street Professional Building
4895 Main Street
Yorba I.inda, California 92686
Attorneys At Law
(714) 777-9696
April 14, 1988
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
City Hall
300 Centennial Way
Tustin, California 92680
Attention: City Council
Re:
HARK FER~USON
Date of Accident: April 8, 1988
Gentlemen:
The undersigned hereby presents the following claim for
personal injuries pursuant to California Government Code
Section 910 and 910.2 as follows:
· Claimant's name is Mark Ferguso.n and.he
resides a~
2. Claimant requests that all notices be sent to
his attorney, ROBERT R. WARD at 4895 Main Street, Yorba
Linda, California 92686;
3. The claim arises out of injuries sustained by
claimant on or about April 8, 1988;
4. Location of the accident was Edinger Avenue in
the city of Tustin, County of Orange, State of California;
5. As a result of the accident, claimant has
received severe injuries to his neck, back, right eye and
nose.
6. This accident occurred on or about April 8,
1988 at approximately 11:30 a.m.. At the time of the
accident, claimant was traveling on Edinger Avenue when
his automobile was diverted from the highway by an
unforeseen flooding of the pavement. This flooding was
caused by a water main rupture which had occurred early in
=he morning and not been fixed at the time of the accident.
Numerous individuals and businesses in =he area had
reported =his dangerous condition to public officials yet
=here was no attempt to repair =he problem or put out
warning apparatus until after the accident. Such a
significant delay is clearly unreasonable conduct.
7. The names of the City officials, servants or
employees causing the damage or injuries are unknown~
8. Claimant demands general damages in the amount
of $100,000.00, medical expenses, lost earnings, property
damage and all related expenses incidental =hereto.
Very truly yours,
ROBERT R. WARD
RRW/cm