HomeMy WebLinkAboutCC 3 CLAIM #88-58 11-21-88CONSENT CALENDAR
NO. 3
11-21-88
DATE:
n/7/88
'Inter.-Com
FROH:
$ I.~J ECT:
' /~ONORABLE I~YOR ~ CITY COUNCIL
NOV 81988
CIT~ ATTORN~
CLAIMANT: THOMAS BOIS II; D/L: 4/19/88; DATE FILED
W/CIT~: 10/14/88; CLAIM NO: 88-58; CARL WARREN FILE
_,~0: ~ 55~35 ~-'~ '
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 (F 4. se)
Enclosure:
Copy of Claim
TO'
City Clerk .
City of Tu~tin
Tustin, California
0 CT 1 i. 1988
Clark
1988
YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the
undersigned hereby serves and makes a demand.upon you for the
cause and amounts set forth in the'following claim:
Claimant Name:
THOMAS J. BOIS II
Claimant ' s
Mailing Address:
to which Notices are to be sent to:
Thomas J. Bois II, Esq.
MURTAUGH, MILLER, MEYER & NELSON
1120 West La Veta Ave., Suite 700
Orange, CA 92668
Amount of
Claim :
Special damages and expenses proximately
caused by the occurrence described below and
general damages in the sum of $1,000,000.00.
Date and Place
of Claim
Occurrence:
DescriDtion of
Occurrence:
On Qr about April 19, 1988, on Redhill Avenue
at the intersection of Mitchell Avenue, which
is adjacent to E1 Camino Real in the City of
Tustin, County of Orange, State of
C~lifornia.
..
Tha~ on or about the aforesaid date, and for
so~e time prior thereto, the above-named
p~'ic entity, by and through its agents,
set?ants and employees, negligently and
carelessly ?w~ed, possessed, operated,
con'.~.~:md,.lnspected, maintained, contracted,
su~c~tracted, supervised, controlled and had
a right to Control, engineered, designed,
performed the maintenance of the public
street and traffic controls and adjacent
areas to the intersections of Redhill Avenue
and both Mitchell and E1 Camino Real Avenues
and they failed to provide adequate and
sufficient safety devises, warnings, or
appurtenances in and about the. area of said
street thereby creating a risk of injury to
operators of motor vehicles in'the public
highway; that said public' entity knew or, in
the exercise of ordinary care, should have
k~own that the above-mentioned area which was
Witnesses:'
October 14,
improperly maintained by the owners thereof,
created a high risk of harm to users of the
public roadway, unless special precautions
were taken, having a reasonable opportunity
to do so that said public entity was further
negligent and careless in that it failed to
exercise ordinary care in order to avoid
exposing persons thereon to an unreasonable
risk of harm; that the negligence and
carelessness of said public entity, as
aforesaid, caused a three vehicle automobile
collision while travelling east-bound on
Redhill Avenue at the intersection of
Mitchell Avenue in the City of Tustin and all
parties hereto received personal injuries and
property damage.
Holly Lee Gurnn
10050 Los Coyotes
Fountain Valley, CA
92705
Robert Henry Mangels
1724 McKenzie Street
1988
THOMAS p. BOIS II
Attorney for Claimant
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