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HomeMy WebLinkAboutCC 3 CLAIM #85-48 01-06-86 "~NSENT CALENDAR 12/16/85 ~%~~/ Inter - C om TO: FROH: SUBJECT: //'~HONORA~LE MAYOR AND CITY COUNCIL JAMES G. RC~3RKE, CITY ATTORNEY CLAIMANT: GARY J. BOYKO; D/L: 8/23/85; DATE FILED W/CITY: 11/19/85; CLAIM NO: 85-48; CARL WARREN FILE NO: S442 81 SKH 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 2 3 4 5 6 7 8 9 10 11 15 17 18 20 21 22 25 2~ 27 28 LAW OFFICES OF DI LIBERTI & GOLDSMAN A Professional Law Corporation 501 Civic Center Drive West Santa Aha, California 92701 (714) 541-3333 Attorneys for Clafmant GARY J. BOYK0 " SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE GARY J. BOYKO, Claimant vs. CITY OF TUSTIN, COUNTY OF ORANGE, Et. Al., Respondents CLAIM FOR PERSONAL INJURIES AND PROPERTY DAMAGE PURSUANT TO GOV]ERNMENT CODE SECTION 910 TO: CITY OF TUSTIN, COUNTY OF ORANGE AND TO THEIR GOVERNING BOAR[ PLEASE TAKE NOTICE that the above-named claimant submits this claim for personal injuries incurred as a result of the following: 1. On or about August 23, 1985 within the City of Tustin, County of Orange, State of California, claimant GARY J. BOYKO was caused to be assaulted and battered by a Police Officer from the City of Tustin. 2. That claimant was caused to be injured by the Police Officer from the Tustin Police Department when claimant was forced to submit to a blood test. Claimant was injured in an automobile accident. While at the hospital, while claimant was 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 being treated for severe injuries, a Tustin Police Officer used a "Stun-Gun" on the Claimant causing the him to become unconscious. During this time, blood was taken from the claimant. 3. That as a direct and proximate result of the foregoing. conduct, claimant has been caused to sustain severe, extensive, and grevious personal and mental injuries, which have rendered him sick, sore, lame, and caused him to incur medical and health care related expenses. 4. That at this time the precise names, addresses, job titles or other identification of the public employees, agents, or servants causing and/or contributing to claimants' physical/mental condition and plight are unknown. 5. That while the exact amount of general damages sustained is not now known, claimant is informed and believes and upon such information and belief alleg~ that it is in excess of TH}tEE MILLION DOLLARS ($3,000,000.00). 6. That all further notices should be sent to claimant's attorneys, the LAW OFFICES OF DI LIBERTI & GOLDSMAN, A Professional Law Corporation, 501 Civic Center Drive West, Santa Aha, California 92701. 7. That I have read the foregoing claim and know the contents thereof and the same is true of my own knowledge except as to those matters which are therein stated upon information and belief, and as to those matters, I believe them to be true. 2 3 5 6 7 ~0 1! ~3 14 15 16 ~7 19 20 21 22 23 25 27 28 I declare under penal~y of perjury tha~ the foregoing is true and correct. Executed this 13th day of November, 1985 at Santa Ana, California. STEVEN A. S~{ERMAN Attorney for:' Claimant