HomeMy WebLinkAboutCC 3 CLAIM #87-17 10-19-87CONSENT CALENDAR
NOo 3
10-19-87
DATE:
Inter-Corn
September 30, 1987
TO:
HONORABLE MAYOR AND CITY CO~NCI/
FROH:
CITY ATTORNEY
SUBJECT:
C~AI~T: JUSTIN VAN DER KOLK/PAT VAN DER KOLK, PARENT
AND GUARDIAN; D/L: 3/15/87; DATE FILED W/CITY:
~__/_2_2_/_8__7_;__ CLAIN NO.' 87-17; CARL WARREN FILE NO:
After investigation and review it is recommended that the above-
referenced claim be rejec%ed 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
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PAT VAN DER KOLK
17591 Miller Drive
Tustin, California 92680
Telephone: 714/544-4564
Claimant in Pro Per
In the Matter of the Claim of
JUSTIN ANTHONY GUNDERSON,
also known as JUSTIN ANTHONY
VAN DER KOLK, a minor; and
PAT VAN DER KOLK,
Claimants,
CITY OF TUSTIN and DOES 1 through
100, inclusive,
Respondents.
CLAIM PURSUANT
TO GOVERNMENT CODE
SECTION 910 ET SEQ.
TO THE C~'I~'¢ OF TUSTIN:
YOU ARE HEREBY NOT'[FXED THAT claimants, JUS'PIN ANTHONY
GUNDERSON, also known as JUSTIN AN'i'HONY VAN DER KOL~, a minor;
and pAT VAN DER KOLK, his mother, Claiman.ts, present this
to' the City of Tustin pursuant to Section 910 of the California
Government Code.
1. The names, dates of birth and"post office addresses of
Claimants are as follows: JUSTIN ANTHONY GUNDERSON, also
and now known as JUSTIN ANTNONY VAN DER KOLK, born
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and PAT VAN DER KOLK, an adult,
2. All notices and/or communications concerning this claim
should be sent to: Mrs. Pat van d~r Kolk,
3. On March 15, 1987 in the City of Tustin, County of
Orange, State of California, Claimant JUSTIN ANTHONY VAN DER
KOLK was playing on the sidewalk in front of his residence on
his skateboard. Claimant's skateboard whee%s were caused to
stop suddenly as a result of coming into contact with droppings
from the carrotwood tree which grows on the City of Tustin's
property in front of Claimant's residence. The sudden stopping
of the skateboard caused Claimant to fall onto the hard surface
of the sidewalk with great force, causing him personal injuries
as hereinafter stated.
Claimant, PAT VAN DER KOLK, mother of JUSTIN ANTHONY
VAN DER KOLK, h;~s incurred and will continue to incur medical
bills and other expenses as a result of the aforement{cn~d
accident for the care and treatment of her son in an amount
which exceeds $1,000.
4. Claimant's are informcd and b~liuve that Claimant's
neighbors advised the City of Tustin prior to the incident that
the trees on Miller Drive needed trimming and that a dangerous
condition existed but the City of Tustin failed and refused and
to this date they continue to fail an~ refuse to trim the trees
on M~ller Drive, including the tree in front of Claimant's
residence.
Claimants are informed and believe that the city of
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Tustln is liable for the aforementioned damages and injuries to
Claimants.
5. Claimants allege, among other things, that the City of
Tustin, their agents, employees, servants and independant
contractors did negligently, carelessly, recklessly, and /or in
some actual manner failed to properly maintain, supervise,
repair, make us of and/or warn of the dangerous condition of the
sidewalk at or about the point where the subject incident
occurred. Claimant's further allege that the City of Tustin had
knowledge of the dangerous condition and allowed said dangerous
condition to exist in spite of this knowlege. The names of the
public employees who were advised of this dangerous condition
and the names of the public employees whose duty it is to
repair, alter and/or maintain said sidewalk are unknown to
claimants at this time, but are named herein as DOES 1 through
100.
6. AS a result of the subject incident cla;mant
sufl~red severe add p~rmanent ~njuries to his body and t~ervo~as
systems, including a broken knu~k],~, ~ger and soft
injuries, scraps, bumps and bruJ~es, as well as other injuries
which claimant is not aware at this time. As a ~esult of these
injuries claimant has employed and continues to employ
hospitals, physicians, nurses and the llke to care for them, and
did incur hospital, medical, profession'al and incidental
expenses, and claimant is informed and believes he will continue
to incur such expenses.
Claimant, PAT VAN DER KOLK's damages consist of the
medical specials and other expenses incurred to date on behalf
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of Claimant JUSTIN ANTHONY VAN DER KOLK, the total amount of
which is unknown at this time. Claimants continue to incur
hospital and medical expenses, and al~ o~' the medical bills have
not been received by Claimants. Claimant believes the total
will exceed the sum of $1,000.00.
7. At the time of the filing of this claim, Claimant
PAT VAN DER KOLK claims damages in the amount of $10~0.~ for
the medical expenses accrued to date plus the amount of any
medical or incidental expenses which may accrue in the future
for the care and treatment of Claimant JUSTIN ANTHONY VAN DER
KOLK for his injuries.
At the time of the filing of this claim, Claimant,
JUSTIN ANTHONY VAN DER KOLK claims damages in an amount unknown
at this time, but which will exceed $5,000.00, based upon the
personal injuries, shock and trauma, pain and suffering he has
endured, and based upon his belief that his injuries will be oS
a p~rmanent nature.
Dated June 22, 1987
PAT VAN DER KOLK
Parent of JUSTIN ANTHONY
VAN DER KOLK, a minor, Claimant
PAT VAN OER KOLK
Claimant
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