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HomeMy WebLinkAboutCC 6 CLAIM #86-33 07-21-86CONSENT CALENDAR NO. 6 7-21-86 DATE: JULY 10, 1986 Inter-Corn FROH: SUBJECT: HONORABLE MAYOR AND CITY ¢OUNCILC./" CiTY ATTORNEY CLAINANT: BANKSTON, MARK; D/L= 4/22/86; DATE FILED W/CITY: '6/23/86;CLAIM NO:' 86-33; CARL WARREN'FILE N~: ~48449GE 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 1 2 4 § 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 ~THE L~W OF~CES OF):)) 3~ LONG BF.~CI"I ~OULEVAP. D LONG BF,.ACH, CALIFORNIA ~01 TELEPHONE (213) 42';-20~4 Claimant CITY OF TUSTIN COUNTY OF ORANGE STATE OF CALIFORNIA MARK BANKSTON, VS. CITY OF TUSTIN, ) ) Claimant, ) ) ) ) ) ) Defendant. ) ) CLAIM NUMBER: CLAIM FOR DAMAGES 1. Name of Claimant: Mark Bankston. Address of Claimant: c/o The Law Offices of Larry H. Parker, Inc., 3605 Long Beach Boulevard, Suite 100, P. O. Box 22640, Long Beach, California 90801. Notices should be sent to The Law Offices of Larry H. Parker, Inc., 3605 Long Beach Boulevard, Suite 100, P. O. Box 22640, Long Beach, California 90801. 2. Date of Injury: April 22, 1986. Place of Injury: State Route 55, south of the north edge of Fairhaven Avenue over-crossing, City of Tustin, County of Orange, State of California. Manner of Injury: Claimant was the driver of a motor vehicle traveling southbound on State Route 55 when he was rear- ended by another vehicle. Upon impact, Claimant's vehicle was knocked to the shoulder of the highway, hit a shoulder berm, and overturned. Claimant's injuries were the proximate result of the negligent construction, design, and maintenance of this particular section of the highway; specifically, but not limited to, lack of barriers, dangerous and inadequate off-road recovery area, slope at an'unsafe and dangerous elevation and a dangerous berm. 3. Nature and extent of injuries: Claimant sustained the following injuries: compression fractures, stable type as a result of flexion injury to L1 and L3; tear of the anterior cruciate ligament, posterior cruciate legament, posterior medial capsule, and medial collateral ligament from the femoral attach- ment; and sprain of rotator cuff, left shoulder. 4.' Amount of damages'claimed: $5,000,000.00 sum includes damages for present injuries and prospective injuries, medical expenses and property damage, the amounts of which are presently unknown to Claimant. Claimant has not received any statements from anyone. THE LAW OFFICES OF LARRY H. PARKER, INC. -2-