HomeMy WebLinkAboutCC 3 CLAIM #87-26 12-07-87CONSENT CALENDAR
NO, 3
TO:
FROI~:
SUBJECT:
HONORABLE NiAYOR AND CITY COUNCIL
CITY ATTORNEY
CLAIMANT: MARIE F. TAUS; D/L: 5/10/87; DATE FILED
W/CITY: 8/5/87; CLAIM NO: 87-26; CARL WARREN 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.
J'.~ ~.. RGURKE
City Attorney
JGR (F 4. se )
Encl osur e:
Copy of Claim
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CITY OF TUSTIN
c/o Tustin City Clerk
300 Centennial Way
Tustin, CA
Re: Administrative Claim of
Marie F. Taus
MARIE F. TAUS v. CITY OF
TUSTIN pursuant to
Government Code Section 910, et seq.
Pursuant to Government Code Section 910,
claimant hereby presents her administrative claim in
connection with the above-referenced matters as follows:
(A) The names of all claimants referred to herein
are:
MARIE F. TAUS
c/o Tustin Hacienda
(B) Ail future correspondence to Claimants should be
through their attorneys at the following address:
RICHARD L. FRAUENBERGER, Esq.
12755 Brookhurst Street
Suite 101
Garden Grove, CA 92640
Telephone: (714) 537-2822
(C) The circumstances giving rise to this Claim are
as follows: This claim occurred on or about .May 10, 1987,
at or near the intersection of First Street and Prospect
Avenue in the CITY OF TUSTIN, COUNTY OF ORANGE.
On or about May 10, 1987, at approximately 7:35
P.M., claimant MARIE F. TAUS, age 74, was a northbound
pedestrian attempting to cross First Street in the
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crosswalk on the east side Of the intersection of Prospect
Avenue and First Street. After receiving a green light and
"Walk" signal for northbound pedestrians, claimant began to
cross the 'eastbound lanes of First Street. At said time
and place,, claimant was struck by a certain vehicle,
California license 1LJR799, operated and owned by Joseph
Charles Habacker. Said vehicle was making a left turn from
southbound Prospect Avenue to eastbound First Street. As a
direct result of the impact, claimant MARIE F. TAUS
sustained fractures of the right femur and right ankle,
multiple abrasions, contusions and bruises of the right
front0temporal area as well as left temporal area with
multiple skin lacerations.
(D) The CITY OF TUSTIN was negligent in the design,
construction, and maintenance of said intersection and its
sidewalk areas. Said intersection and sidewalk areas are
dangerous and deceptive to both pedestrians and persons
operating motor vehicles at said site. The intersection is
designed in such a manner as to result in the easterly
sidewalk stripings not being perpendicular to the adjacent
corners of the intersection, and the southeast pedestrian
"walk" button being located on a light standard
approximately six feet from the nearest portion of the
easterly sidewalk. The effect of said design encourages
pedestrians to enter the intersection outside the limits of
the sidewalk and eastbound motorists are deceived as to the
location of the sidewalk.
(E) The negligent acts of the CITY OF TUSTIN -with
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respect to the design, construction, maintenance and
control of the intersection were the proximate causes of
the injuries and damages sustained by MARIE F. TAUS. As a
·
direct and proximate result of the dangerous condition, as
described herein, plaintiff was caused to suffer the
injuries and damages as hereinabove alleged, and defendants
have therefore become liable to plaintiff pursuant to
Government Code Sections 835, 830.8.
(F) Claimant is at this time unaware of the names of
the employees of the CITY OF TUSTIN who were negligent in
the above particulars.
(G) The amounts claimed as of the date of
presentation of this claim are as follows:
For the injuries and damages sustained by
MARIE F. TAUS $200,000.00
This amount is based upon medical expenses incurred to
date,, anticipated future medical expenses and general
.
damages as provided by statute.
Dated: August 4, 1987
RI(~HARD L.-- FRAOENBERGER U
Attorney for MARIE F. TAUS