HomeMy WebLinkAboutCC 9 CLAIM #87-3 03-16-87 !, ~ CONSENT
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TO:
FROM:
SUBdECT:
HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
CLAIMANT.' LEAH MARIE FISHER; D/L:
W/CITY= 1/12/87; CLAIM NO= 87-3;
12/4/86; DATE FILED
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.
C~ Attorney
JGR (F4. se)
Enclosure:
Copy of Claim
CLAIM AGAINST
CITY OF TUSTIN
DATE:
TO:
January 7, 1987
City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
Pursuant to the applicable provisions of the Government Code
of the State of California this claim is hereby submitted on
behalf of Leah Marie Fisher who was, on December 4, 1986,
injured as a result of the conduct of the City of. Tustin
and the personnel of the City of Tustin as a result of their
negligent discharge and/or failure to discharge their duties
and responsibilities which, among other things, endangered
the safety of the claimant herein. In support of said claim,
the following is submitted:
NAME OF CLAIMANTS:
Leah Marie Fisher was six years of age at the time of the
accident. Her father, Gregory Fisher, will be petitioning
the Court for a Guardian ad Litem.
ADDRESS OF CLAIMANTS:
The claimants reside at
WARNING:
No-mail or correspondence is to be addressed or delivered to
the claimant, Leah Marie Fisher, or the Guardian ad Lite/n,
Gregory Fisher. Ail correspondence should be directed to the
claimant's attorney, David G. Ure of the Law Firm of Ure and
Shupe, 333 Civic Center Drive West, Santa Aha, CA.
DATE OF OCCURRENCE:
On December 4, 1986 the plaintiff/claimant was struck by vehicles
while crossing Holt at or about its intersection with Wellington.
The claimant was in an unmarked cross-walk at the time of said
collision.
Claim against the City of Tustin
Page Two
GENERAL DESCRIPTION OF THE CLAIM:.
On the date of December 4, 1986 .the six year old minor, Leah
Marie Fisher, was accompanying her brother for the purpose
of visiting a ~riend. The minor, Leah Marie Fisher, crossed
a portion of Holt at which time she was struck by vehicles
operated in a northbound direction upon Holt. That at said
time and place, the City of Tustin failed, among other things,
to properly care for, maintain, design, oversee and .construct
the street and the traffic controls and other wa=ning and
safety devices and provisions related thereto.
The injuries and/or damages claimed in this claim presentation
are made on the basis of the duties and responsibilities as
well as the care and activity of the County of Orange in,
among other things, failing to provide a safe crossing for
pedestrians and a safe thoroughfare for vehicular traffic.
DAMAGES:
The damages claimed and presented in this claim are as follows:
MediCal expense, present and future
General damages
$2.5 million
6 million
The undersigned, under penalty of perjury, states that the above
claim and the items as they are set out are true and correct
and that no part hereof has occurred prior to the 100 days prior
to the date of the filing of this claim.
DATED: January 7, 1987 U~D SH~
DKV~-U ~ f -~R~ ~ttorneys
for Cl~imZants