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Home My WebLink AboutCC 4 CLAIM #88-46 11-21-88CONSENT CALENDAR NO. 4 11-21-88- DATE: · tt/?/88 'lnter.-Com HONORABLE ~YOR AND CITY COUNCIL:~/" NOV 8 B88 FROI~-. CITY ATTORNEY $1~JECT: CI~INAN~: PAUL gifING; D/L: 7/6/88; DATE PILED If/CITY: 8/2/88; C.[,~TN NO: 88-46; ~ W~N ~I~g NO: S 54885 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. . ~'~ ~. ROURKE City Attorney .. JGR (F4.se) Enclosure: Copy of Claim JOHN A. MONTI~"VID~O £DWAI~D W. LLOYD DE, AN A. DENISON CAROLYN A. YOUNG July 29, 1988 DIMARco AND _A~RAUJO IOl~ NORTH B~OAOWAY SANTA ANA," CALIFO~IA 9~701 LOS ANGELES COUNTY OF~IC£ 12100 {:. IMI~:RiAL HIGHWAY City Clerk The City of Tustin 300 Centennial Way Tustin, California 92680 RE: Our Client : Paul T. Ewing Date/Accident : 7/6/88 Gentlemen: Enclosed please find our Claim for Money or Damages for the above reference~ client. We are also enclosing a copy of the Police Report on this accident. Please conform and return. Thank you for your courtesy and cooperation in this matter. Very truly yours, DI MA~CO AND ARAUJO A Professional Law Corporation E~IDEO JAM/imc Enclosures CLAIM AGAINST THE CITY .TUSTIN · (For Damages to Pers~on~ ~r Personal Property) ReceiveC by .U. S. Mai 1 ter-office Mail /er the Counter via The law provides'"~enerally that a claim must be filed with'the City Clerk o~ the City of Tustin within 100 days after which the incident or event occurred. Be sure your claim ~'s 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 thc 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£ tire to damage to persons and/or persona~' property: 1. NAME OF CLAIMANT: Paul Thomas Ewing a. ADDRESS OF CLAIMANT-: b. PHONE NO: ( c. DATE OF BIRTH: SOCIAL DRIVERS d. SECURITY NO: e. LICENSE NO: 2. Name, telephone and post office address to which claimant desires notices to be sent, if other than above: John A. Montevideo, DiMarco and Araujo, A Professional Law Corporation, 1015 N. Broadway, Santa Ana, CA 92701 (714) 835-6990 - ' · ~ This claim is submitted against: a ~ c. X The City of Tustin only. The following employee(s) of the City of Tustin onlv: . . The City of Tustin and ~he following emploYee(s) of the City of Tustin only: Employees names are unknown at this time. However, upon further discovery, they will be fur.n.ished. 4. Occurrence or event from which the ~laim arises: a. DATE: 7/6/88 b. 'TIME: lf:55 am c. PLACE (Exact and specific location): Intersection of Browning & Irvine Blvd. d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you c age (Use additional paper if nece See attached. e. What ~ticular action by the City employees, caused the alleged damage or injury? Please refe~ to narrative in Item d, ! '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". M~, ~winq sustained mu]~pl~ hr~ng; ]~o~eq~n~ and muscle injury. 6. Give the name(s) of the City employee(s) causing the damage or injury: Unknown at this time. 7. Name and address of any other person injured: UnKnown. 8. N~me and address of the owner of any damaged, property: . Unknown. 9. Damages claimed: Medical & special damages are claimed. a. Amount claimed as of this date: Exact costs b. Estimated amount of future costs: to th~ Fact c. Total amount claimed: under treatment. d. Basis for computation of amounts claimed (include copies of all bill's, invoices, estimates, etc.: 10. Names and addresses of all witnesses, hospitals, doctors, etc.: a. William Coleman - ( - Witness b. Robt. It. Faxonr 3.00 Centennial, Tustinr CA (714) 544-8890 c. d. - · Any additional information that might be helpful i.n considering this claim: · N/A WARNING: IT IS A CRIMINAL OFFENSE T.O FILE A FALSE CLAIM'. (Penal Code Section 72;.Insurance Code Section 556.0) Z have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated to be upon information or belief and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. Executed this 29 day of July , 19 88 , at Tustin, California. Office of the City Clerk, Tu~tin, California j~~tevideo, Attorney for Paul T. Ewing ~ZM NO: DATE FILED: Revised 8/05/81 JGR:se:R:8/5/SZ (A) · d. .Employees of the City of Tustin negligently prepared the roadway on Browning at the south portion of the intersection with Irvine Boulevard. Apparently, the roadway was being prepared for painting. Said preparation was done negligently. Further, following th~ painting of the road, a bead-like material was spread over the painted area, causing this portion of the intersection to be extremely slippery. Further, no notices, warning signs,.barricades or other type warning devices were erected to prevent or warn motorists o~ the impending danger at that intersection. As a consequc~cc of the slippery, unsafe, and dangerous condition created, plaintiff Paul T. Ewing, who was riding his motorcycle, turned from westbound Irvine Boulevard onto southbound Browning Avenue, at the crosswalk area on southbound Browning, lost control of his motorcycle due to the very slippery condition caused by the paint and glass beads and went down injuring himself.