HomeMy WebLinkAboutCC 5 CLAIM #85-18 04-15-85FROH:
$ UBJ ECT:
~_3~ONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: BERNHART, MARK; D/L: 1/21/85; DAT.E FILED
W/CITY: 3/20/85; CLAIM NO: 85-18; CARL WARREN FILE
NO: S41492LFH
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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JACK A. RO$~'
A~-~orney ~ Cl ai mant
MARK LYNN BERNHART
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
Claim of: MARK LYNN BERNHART ) CASE NO.
)
Against: CITY OF TUSTIN IAND CLAIM PROPERTY FOR INJURY TO PERSON
TO: CITY COUNSEL OF THE CITY OF TUSTIN
1. The name and address of claimant is: MARK LYNN BERNHART,
2. This claim is based upon the collision of a 1984 Dodge,
California License No. 1KUR285 with claimant's 1980 IVECO truck,
California License No. on January 21, 1985 at approximately
1:46 P.M. at the intersection of S.E. Walnut Avenue and Oxford
Avenue in the City of Tustin, which has been reflected in Tustin
Police Report No. 85-00686 under the following circumstances:
The traffic lights at the intersection of S.E. Walnut
Avenue and Oxford Avenue in the City of Tustin were apparently not
operating properly since the claimant and an independent witness
behind him are absolutely positive that the light was green for
east bound traffic on Walnut and the other motorist CHANG UK PARK
and his teen aged son who was a passenger are convinced that they
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had a green light and rightaway southbound on Oxford at the T
Intersection.
In addition to this, the intersection consists of a
dangerous condition to public property in regard to its design and
lack of visibility.
3. The claimant MARK LYNN BERNHART does not know the names
of the public employees who caused claimants injuries and property
damages.
4. The injuries sustained by claimant MARK LYNN BERNHART
to date consist of:
a. A concussion, multiple fractures of the jaw and loss
of 4 teeth, fracture of the left wrist and hand, a deep cut on
the right third artery of the wrist and hand, all of the ankle bones
were destroyed, the muscles were cut away and a nerve was removed
from the leg, extensive skin grafting had to be done on the left
ankle, there was a severe and deep cut on the right calf which has
left the side and top of the right foot numb, he was unconscious
I for 2 or 3 days.
b. Claimant MARK LYNN BERNHART was hospitalized for a
period of 4 to 5 weeks from the date of the accident at Western
Medical Center and has incurred medical expenses and will incur
future medical expenses in the approximate amount of $190,000 or
according to proof.
c. Claimant MARK LYNN BERNHART has lost earnings and
earning capacity in the approximate amount of $500,000 or according
to proof.
5. The injuries and damages expected in the future include
medical care and examination, additional surgery and treatment in
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an unknown amount.
6. At the time of presentation of this claim, claimant MARK
LYNN BERNHART claims general damages in the amount of $1,000,000
7. All notices and communications regarding this claim should
be send to Attorney Jack A. Rose, 520 N. Brookhurst Suite 102,
Anaheim, California 92801.
A.
rney for Claimant
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