HomeMy WebLinkAboutCC 4 CLAIM #85-49 01-06-86 ~-"NSENT CALENDAR
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SU~ £ ?: FILED W/CITY 12/2/85; CLAIM NO. 85-49; CARL WARREN
FILE NO: J44356 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
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FRED W. ANDERSON, APC
Attorney at Law
17461 Irvine Blvd., %200
Tustin, CA 92680
(714) 832-7700
In the Matter of the Claim of
ARTHUR WILLIAM BAUER, Claimant
VS.
CITY OF TUSTIN, DOES 1 - 50,
inclusive.
CLAIM PURSUANT TO
C4DVERNMENT CODE
SECTION 910
ART~URW-VT.~.IAMBAUER, hereby presents this claim to the
City of'Tustin pursuant to Section 910 of the Government Code.
1. The name and post-office address of the Claimant is
as follows:
ARTHUR WT~.LIAM BAUER
2. The post-office address to which FRED W. ANDERSON,
Attorney at Law on behalf of ARTHUR WILLIAM BAUER desires notice
of this claim to be sent is as follows:
FRED W. ANDERSON, APC
Attorney At Law
17461 Irvin Blvd., %200
T~stin, CA 92680
3. On August 23, 1985, at the northbound interstate on
ramp at Redhill Avenue in the City of Tustin, Claimant received
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perso~*l injuries under the following circumstances:
Claimant was southbound on Redhill at the intersection of
Redhill and the northbound on ramp to the I-5 Freeway when a 1981
International Truck license number 1X85492 turned right
attempting to enter the Freeway and collided with Claimant ts rear
wheel knocking Claimant tO the pavement and dragging Claimant
under the International truck for a distance of approximately
forty feet. Further facts and circumstances of the incident are
more fully set forth in the Tustin Police Department Traffic
Collision Report number 85-07273 attached as Exhibit "A" and
inCOrporated by reference as though fully set forth herein.
4. Said intersection has been designed, maintained,
controlled and inspected in such a manner that it has created a
dangerous situation and condition for persons using said
intersection in a normal manner operating traditional modes of
transportation. Said lanes are improperly marked, warning signs
inadequately describe the potential dangers of using this
particular intersection, markings on the roadway are inadeguate
to warn users of the dangerous conditions which exist. City of
Tustin had actual or constructive notice of the existance of
those dangerous conditions.
5. So far as it is known to FRED W. ANDERSON, Attorney
for ARTHUR WILLIAR BAUER, at the date of filing this claim,
ARTHUR WILLIAM BAUER, has incurred damages in excess of Fifty
Thousand dollars ($50,000.00) of medical bills due to the
following injuries:
a. broken left shoulder blade~
b. left ear was ~artially torn off;
c. skin on left arm was torn away from the arm and
elbow by the abrasion of the skin against the
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pavement;
d. numerous cuts and abrasions over entire body
specfically on head;
e. several fractured ribs;
f. punctured lung.
6. DOES 1 through 50, at all times mentioned herein,
were the agents and the employees of the City of Tustin' and in
doing the acts mentioned in this claim were acting within the
scope of their authority and their employment and as agents and
employees with the permission and consent of the City of Tustin.
Their names and specific capacities are unknown at this time and
once their actual identity is determined this claim will be
amended to specify each defendant. Claimant is informed and
believes and alleges thereon that each of said fictitiously named
Defendants is responsible for the occurrences herein alleged and
that Claimant's damages herein alleged were proximately caused by
their acts.
7. At the time of the presentation of this claim, ARTHUR
WILLIAM BAUER, claims damages in the amount of Five Million
Dollars including approximately Three Million Dollars in
perspective injuries and damages due to the injuries referred to
above and the fact that it is unlikely to use his left arm for
the r~mainder of his life in any productive capacity.