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HomeMy WebLinkAboutCC 5 CLAIM #87-2 02-02-87TO: HONORABLE NAYOR ~ CITY COUNCILL.~.. CITY ATTORNEY SUBJECT: CLAIMANT: DAVID & DOROTHY HAUSER; D/L: FILED W/CITY: 1/5/87; CLAIM NO: 87-2; 11/3/86; DATE CARL WARREN J 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. JGR(F4.se) Enclosure: Copy of Claim 1 4 5 ? 8 9 I0 11 12 13 14 17 18 19 27 HORTON BARBARO & REILLY ~wyers 200 Nor~ Main Street Second Floor SanTa Aha, California 92701 (714),835-2122 ATtorneys for Claimant DAVID HAUSER; DOROTHY HAUSER; CHARLES HAUSER; NARY HAUSER Claimant, VS. CITY OF TUSTIN and DOES 1 to 20 Respondents. TO: THE THE CITY OF TUSTIN: CLAIM FOR PERSONAL INJURIES GOVERNMENT SECTION 910 et seq. CODE CITY CLERK; CITY OF TUSTIN, 300 Centennial Way, Tustin California. YOU ARE HEREBY NOTIFIED that claimants DAVID, DOROTHY CHARLES ~ MARY HAUSER whose address is claim damages from the City of Tustin, in an amount computed as of the date of this claim in the sum of $500,000. 1 2 4 6 8 10 11 14 15 17 18 19 ~4 All notices concerning this claim should be sent to the law~-offices of Horton Barbaro &.Reilly, 200 North-~ain Street, Second Floor, Santa Ann, California 92701. The dates and places giving rise to this claim are' on or about November 3, 1986, a% or near the intersection of Myford Avenue and ~ichelle Drive, in the City of Tustin, County of Orange, State of California. That on or about November 3, 1986, claimant David Hauser was involved in an automobile accident at the aforementioned location wherein a car traveling eastbound driven by Donald Creas¥ failed to stop at the stop sign and collided claimant's automobile which was in the process of making a left...turn. As a result of the accident, claimant David Hauser is now a quadrapalegic. Claimants state that the intersection of Myford and Michelle Drive was wholly or partially owned and/or controlled by the City of Tustin and that the City of Tus~in so negligently carelessly and unlawfully owned, operated, controlled 'and maintained and designed said intersection so as to cause this accident to occur. The names of any other individual employees and/or agents of respondent .the City of Tus~in who were working for respondents and were responsible for the incidents described above, are unknown to claimanu au this time. However, claimant further contends that respondent City of Tustin while acting as principal, master and/or employer Of the above-named individuals, was negligent in the selection hiring, training, .maintenance, supervision and 1 4 ? 9 10 11 12 14 17 19 20 retention of same. As a d~rect and proximate resultof the con'ct complained of heretofore, claimant has suffered d-mages. The amount claimed as of the date of the presentation of this claim.is computed as follows: .1. General Damages for the Claimant in the sum of $500,000.00 2. Medical Expenses in a sum currently unknown. 3. For Future Medicalexpenses in a sum according ~o proof; 4. 5. currently unknown. 6. For such other and further relief as may be deemed Just and proper. The computation of the amount of claimed damages is based upon the best information available to the claimant as of the date of the presentation of this claim. The exact =mount will be set forth when the same ~as been ascertained and when the'full amount of permanent disability is known. DATED: December 31, 1986 For Loss of Earnings in a sum currently unknown. ~ .... For Loss of Future Earning Capacity in a s.um :-~