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HomeMy WebLinkAboutCC 3 CLAIM #85-43 11-04-85~',A ~ 1~ ! ~ ~ ~ CONSENT CALENDAR ,~ NO. 3 ~,-~ lb , . ~ _ :- ~ 11-4-85 ~TE: 10/21/85 HONORABLE MAYOR AND CITY COUNCIL PROM: S UBJ ECT: JAMES G. RCI3RKE, CITY ATTORNEY CLAIMANT: MARY HELEN TOMLIN & WILLIAM EARL TOMLIN, III; D/L: 06-27/85; DATE FILED W/CITY: 09/18/85; CLAIM NO: 85-43; CARL WARREN FILE NO: S43573MRH 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 (F 4. se ) Enclosure: Copy of Claim ! 3 4 5 6 ? 8 9 I0 i1 12 13 14 15 16 ].7 18 19 20 21 22 23' 24 25 26 27 28 CLAIM FOR DAMAGES Government Code Section 910 TO: CiTY OF TUSTIN, 300 Centennial %~ay, Tustin, California; TO: COUNTY OF ©RANGE, I0 Civic Center Plaza, Santa Aha, California TO: STATE OF CALIFORNIA BOARD OF CONTROL, 926 J Street, Suite 300, Sacramento, California 95814 Claimants submit the following claim for damages: (a) ....Names and post office addresses of cla~m~t~_.~ar~ Helen Tomlin and William Earl Tomlin III, wife and son of William Earl Tom!in, Jr , deceased, (b) Post Office address to which persons presenting this claim desires notices to be sent: CHARLES R. W~LDON, Attorney at Law, 12749 Norwalk Boulevard, Suite 104, Norwalk, California 90650. (c) Date, place and other circumstances of the occur- rence: On June 27, 1985, claimants' decedent, William Earl Tom!in, was a passenger in a vehicle being operated by Derek A. i. C. Miles, at the intersection of irvine Boulevard and Red Hill Avenue, in the unincorporated Central Orange County area, State of California. That at said time and place, the vehicle in which claimants' decedent was a passenger, was caused to be struck by a tractor and trailer being operated by James Norman Estes. Claimants are informed and believe and thereon allege that the traffic signals located at the aforementioned intersection ~ere improperly placed, installed, maintained, inspected and tested ~hich condinions proximately caused the hereinabove referenced accident. 5 6 7 9 !0 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) General description of the injury: That as a result of the negligence and carele2sness on the part of the agents and employees cf the City of Tustin, County of Orange and State of California for failing properly to place, install, maintain, inspect and test the traffic signals located at the within referenced intersection, claimants' decedent died at the scene of the accident following the aforesaid accident. (e) Name or address of the public emp~_o_yee or em~!oyees ~ causing the injury: The names of the public employees causing the injury are unknown to claimants at this time. Claimants reserve the right to amend this claim when said information has been ascertained. (f) Amount claimed as of the date of presentation of this claim: Special damages in amounts not yet ascertainable for physicians, hospital, other medical attention and funeral expenses. In additional, claimants have suffered the amount of S!,000,000.00 general damage for pain, suffering, anxiety, loss of care, comfort and society, and other mental and emotional I distress. -- DATED: Sept. !8, 19 85 -2-