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HomeMy WebLinkAboutCC 3 CLAIM #86-6 04-07-86R A r ~' I ~ A ~~ .~_~-~.~ CONSENT CALENDAR ........ /'~ -~--~.~ NO. 3 HONO~LE ~YOR & ~S OF THE CITY COUNCIL CI MANAGER FROM: SUBJ £CT: JAMES G. ROORKE, CITY ATTORNEY CLAIM OF YATSUE NAKAHARA, CLAIM %86-6 The above-referenced claim was filed with the City more than eleven months after the aIleged accident. The law provides that such claims must be filed within one hundred days after the incident unless the City Council grants leave to file a Late Claim. After investigation and review it is recommended that the Council deny the Application to File Late Claim and that the City Clerk be directed to notify the claimant and the claimant's representative of such denial. JGR:se :D: 03/25/86 (14) Attachment - Claim A~PLICATION TO FILE LATE CLAIM This is a request to'file a late claim for an accident that occurred on March 20, 1985. ~ thought the property owner, Mr. Gilbreath of was responsible party involved, however, it seems that the City of Tustin might possibly be responsible, according to my conversation with Mr. Dale Wick. With a private property owner, there is a one year statute of limitations, however, I did not know that the city was involved, let alone, had a 100 day state of limitation. Therefore, I am filing a late claim for my mother's accident. Thank you for your consideration in the above matter. Sincerely, Mildred Nishimura CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Persons or Personal Property) Received by U.S. Mail Inter-office Mail .Over the Counter via The law provides generally that a claim must De ~iled with the City Clerk or the City of Tustin within 100 days after which the incident or event occurred. Be sure your claim is against the City of' Tustin, not another puDlic entity. Where space is insufficient, please use additional paper and identify informa- tion by paragraph number. Completed claims must be mailed or delivered to the City Clerk, The City of Tustin, 300 Centennial Way, Tustin, California 92680 TO THE HONORABLE MAYOR AND CITY COUNCIL,. City of Tustin, California: The undersigned respectfully submits the following claim and information rela- tive to damage to persons and/or personal property: NAME OF CLAIMANT: Yatsue Nakahara a. ADDRESS OF CLAIMANT: b. PHONE NO: ( c. DATE OF BIRTH: SOCIAL DRIVERS d. SECURITY NO: e. LICENSE NO: None Name, telephone and post office address to which claimant desires notices to be sent, if other than above: e This claim is submitted against: a. X ..The City of Tustin only. b. The following employee(s of the City of Tustin only: The City of Tustin and. the following employee(s) of =he City of Tustin only: Occurrence or event from which the claim arises: DATE: March 20, 1985 b. 'TIME: 8 p.m. approx, c. PLACE (Exact and specific location): 478 E1 Camino Real, Tustin; Driveway-parking lot (See illustration) How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary). Came out of Sushi Zent walked to driveway and due to sudden drop of open drainage from driveway, fell on hiD. It was dark and shrubbery tall. (See letter) What particular action by the City, or its employees, caused the alleged damage or injury? The drainage should have a grate because it is difficult to see drop from driveway to Dar~4na lot. especially ld not ex~ec~ to nave ar place. Give a description of the injury, property damage or loss so far as is known a~ =he time of this claim. If there were no injuries, state "no injuries". Intertrochanterie left hip fracture, requiring surgery on the next day of injury. 6. Give the name(s) of the City employee(s) causing the damage or injury: · 7. Name and address of any other person injured: 8. Name and address of the owner of any' damaged property: .¸ Damages claimed :. Amount claimed as of this date: $11,419.80 (st. Joseph Hosp. sent anothe Estimated amount of future 'costs : None D~II of $2031.32 on 2/27/86) Total amount claimed: 11,419,80 Basis for computation of amounts claimed (include copies of all Dills, invoices, estimates, etc.: cost of medical services 10. Names and addresses of all witnesses, hospitals, doc=ors, etc.: a. Earl Nishimura d. Dr. Kenneth Yama~hiro 11. Any additional information that might be helpful in considering this claim: Mr. Dale Wick of En~ineerin$ Dept. was consulted on Feb. 27, 1986 and advised ~s to file a claim. He received copies of the letters and a ~olor0id ~icture of the the drainaae area. WARNING: IT IS A CRIMINAL' OFF~-NSE TO FILE A FALSE CLAIM! (Penal Code Section 72; Insurance Code Section 556.0) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated to be upon information or belief and as to such matters I believe the same to be true. I certify under penal~y of perjury that the foregoing is TRUE AND CORRECT. Executed this 28 day of February , 19 86 ,~t Tustin, California. Office of the City Clerk, Tustin, California CLAIM NO: ~& Revised 8/05/81 JGR:se:R:8/5/81 (A) ~~ ' S SIGNATURE February 28, 1986 Mildred Nishimura City of Tustin 300 Centennial Way Tustin, CA 92680 Attention: City Clerk Dear Sir: Enclosed are the claim formS, medical bills, letters in relation to my mother's accident on March 20, 198~. My mother fractured her hip on March 20, 1985 and I was advised by Mr. Dale Wick of your engineering department to file a claim. The following are the medical expenses. The last bill from St. Joseph was not included in the original estimate of $9,548.48. We just received another bill yesterday. Hopefully, that will be the last bill~ Dr. Miguel Prietto (Orthopedic surgeon) Dr. Pablo Prietto (orthopedic surgeon) $2265.00 45.00 50.00 520.00 Orange County Gastroenterolog- 210.00 ical Med. Group, Dr. Yamashiro Dr. Allen S. Cohen (Anaesthesiologist) St. Joseph Hospital Moran, Rowen & Dorsey (X-ray at Emergency) Abbey Medical 505.00 5621.65 2031.21 72.00 67.50 32.33 $11419.80 Thank you for your attention in the above matter and would appreciate a response by March 7, 1986. Sincerely, Mildred. Nishimura C. T. GILBREATH 478 E1 C~mino Real Tustin, Calif. 92680. Feb. 24, 1986. M~s. Mildred Nisb~mu~a Dear Mrs. Nishimu~.a, This my reply to your letter of Feb. lCth. advising me of your mother's accident near the Restaurant in March of last year. t am so sorry about this . . yet it does sort of ring a bell .with me since I am 86 yea~s old and trip and fall over everything ~n sight. Shouldn't you take this matter up with the City of Tustin, since they ow~, created and built the whole thing? The City owns the pavement from whicb~:~-yuur mother stepped. Citynowns the sewer lines u~der neath the pavement that receives rub-off water from the Shopping Center. They designed and built the whole th~g, including the lighting~ Act-aally the step-down from the curb-t° solid asphalt is only siw inches. This stacks up favorably with other curbs in ~he City, w~ch measures seven of eight inches. Apparently the City thought it would be safer to step down s~ ~ches to something solid rather th~ to.step about three inches on to a network of Lron bars. Agai~ I regret that this happened, however it is a matter for the City of _~ustin as they own and built this drainage. With regrets, C. T. Gilbreath. February 14, 1986 Mildred Nishimura Mr. Gilbreath 478 E1 Camino Keal Tustin, CA 92680 Dear Mr. Gilbreath This letter is to inform you of an accident which occurred on your parking lot on March 20, 1985. We are requesting reimbursement for the medical expenses incurred in the accident. In the evening of March 20, 1985, my mother Mrs. Yatsue Nakahara, fell in your parking lot, just adjacent to Sushi Zen Restaurant. The area was dark, 'brush overgrown, drainage open with a dangerous drop. She stepped into the drainage in the dark, thereby fell, breaking her hip. Her physician, Dr. Kenneth. Y~m~shiro, coincidently, happened to'be in Sushi Zen so we sought his assistance. Inas~,ch as my mother could not stand up, Dr. Y.~sP~iro instructed us to take her to the hospital emergency room and be X-rayed. The X-ray at St. Joseph Hospital emergency room proved an intertrochanteri~ left hip fracture and surgery was necessary t. he next: day, March 21, 1986. She remained in ~he hospital for a week. Upon returning home, I slept in the same room for 6 weeks till she felt comfortable going to the bath- room alone at night. The hip fracture has caused -~,ch Pain, discomfort and inconvenience. She requires a cane to give her stability whenever she goes out of the home. Her walking has been curtailed to half of what she did prior to the accident. Going up and down steps requires concentration and care; bending down is difficult and she needs support to get up again to normal position; needs bath bench to take a bath; must sit slowly to use lavatory. At times she s~ill suffers from pain when she walks and or goes to bed at night. As stated earlies in the letter, we are asking for medical reimbursement of $9,548.48. I will be out of town from February 15 through February 22. Please res~on~ by Wednesday, February 26, 1986. We are pleased to note that the shrubbery was ~x{~--~d back and lighting improved; however, we also feel that a grate is necessary in the drainage area so another acciden= does not occur again. Sincerely, Mildred Nisb~,~a · February 27, 1986 Mildred Nishimura City of Tustin 300 Centennial Way Tustin, CA 92680 Attention: Mr. Dale Wick Engineering Dept. Dear Mr. Wick: AS per our phone conversation on February 27, 1986, I am interested in knowing whether the property owner, Mr. Gilbreath, or the City of Tustin is responsible for the drainage area in parking lo~ on 478 E1 Camino Real. My mother fractured her hip on March 20, 1985 as indicated in my letter to Mr. Gilbreath. I am enclosing a copy of my letter as well as his reply. Thank you for your attention in the above matter and ~uld appreciate a response by March 6, 198'6. Sincerely, Mildred Nishimura Enclosures: Map 2 Letters Picture of drainage area My nDther came out of Sushi Zen after dinner, walked around =he corner, did not see the drainage hidden by the shrubbery and poor ligh=ing. She was not able to see the sudden drop of the open drainage and fell on her hip. The area was dark when I returned at night two days later and again a week later. The shrub was overgrown and it was difficult to see ~he open drain even while peering right over it.