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HomeMy WebLinkAboutCC 6 CLAIM #86-14 05-19-86CONSENT CALENDAR NO. 6 5-19-86 DATE:.~ Ap£i! 29, 1986 Inter-Corn _.~O~LE ~R ~D CITY COUNCIL / C~Y A~EY' S OFFICE CLAIMANT: TERESA LA REINE QUICK; D/L: S~BJECT: FILED W/CITY: 4/11/86; CLAIM NO': FILE NO: S45888MRH 1/4/86; DATE 86-14; CARL WARREN 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 1 2 3 5 $ ? 9 10 11 12 13 15 17 18 19 20 21 23 24 25 26 27 RECEIVED DOUGLAS C. SOHN, Attorney at Law Valencia Bank Bulldin~ 1820 East First 3~rest, Suite 300 Santa Aha, California 92705 (7]4) 547-0151 Attorney for Claim~n~ CLAIMOF TERESA LA HEINE QUICK VS. CITY OF TUSTIN AND DAMAGE TO PERSONAL PROPERTY (Government Code Section 910) TO.THE CITY CLEBX: YOU ARE g~REBY NOTIFIED that TERESA LA HEINE QUICK, whose address is claims damages from the City of Tustin in the amount, computed as the date of the presentation of this claim, of $307,976.24. This claim is based upon personal injuries and property damage sustained by Claiman% on or about January 4, 1986, on Irvine Boulevard, 1,346 feet west of Myford Hoad, under the following circumstances: Claimant ,&s a.passengsr in a'vehicle travelling eastbound on Irvine Boulevard at approximately 12:50 PM. As the vehicle neared the curve Just west of Myford Road, it entered the soft shoulder on the outside of the curve. The driver of the vehicle lost control, and the vehicle left the road surface, travelled over the soft shoulder and rolled down an embankment, injuring claimant and destroyin~ personal property consisting of clothing and jewelery. There were no warning signs warnin~ of 2he soft shoulder, nor were there any barricades or b~rriers to restrain --]-- 1 2 4 $ ? 9 10 11 12 15 14 15 16 17 19 20 25i 26 27 28 vehicles from ~ravelling down the embankment. The accident and resulting injuries ~ud d~mages were negligently caused and contributed to by the City of Tustin by reason of the dangerous, defective and inadequate design, construction a-d ~a£ntenance of that portion of Irvine Bouelvard,. the hazardous condition of the shoulder and emba-U-.~nt, the failure to construct and maintain a barricade, and inadequate, improper and misleading traffic control signs to warn motorists of the hazard thereby created. Furthermore, this condition constitu~ed a public nuisance in that it was detrimental to public health, safety and enjoyment. The name or names of the public employee or employees causing claimant's injuries under the described circ,,mstances ar~ unknown to claimant. The injuries sustained by claimant, as far as known as of the date of presentation of this. claim, consist of: Lacerations, abrasions, contusions, strains and sprains of back, multiple scarring. The amount of claim, as of the date of presentation of this claim is computed as follows: Damages incurred to date: ..... Expenses for medical and hospital care: $ 7,375.24 Loss of Earnings: 501.00 General Damages: 100,000.00 Property Damage: 100.00 TOTAL DAMAGES INCURRED TO DATE: $ 107,976.24 Estimated prospective damages: Future medical damages, loss of earnings and increased general damages will depend upon complications, future restriction o~ mobility, and other factors presently unknown. -2- 1 2 3 4 5 6 8 9 10 14 15 16 17 19 20~ 25 26 27 Cl&imant will amend this Claim when the ~mount becomes know= to heFo All notices or other communications with regard to this Claim should be sent to Claimant's attorney, DOUGLAS C. SOHN, Attorney at Law, 1820 East First Street, Suite 300, Santa Ana, California 92705, telephon®: DATZD: April ~ ~, ~9S8 -3-