HomeMy WebLinkAboutCC 9 CLAIM #85-22 05-06-85'AGEN
DATE:
04/29/85
CONSENT CALENDAR
NO. 9
5-6-85
Inter-Corn
TO:
FROM:
SUBJECT:
~--~O~0RABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: WESTERN EMPLOYERS INSURANCE COMPANY; D/L:
01/04/85; DATE FILED W/CITY: 04/08/85; CLAIM NO: 85-22;
CARL WARREN FILE NO: S41697MRH
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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M~Z, JOHNSON & LARSON
Attorneys at Law
1400 North Harbor Boulevard
P.O. Box 5347
Fullerton, California 92635
Telephone: (714) 879-9792
Attorneys for Claimant,
WESTERN EMPLOYERS INSURANCE COMPANY
CLAIM OF WESTERN EMPLOYERS
INSURANCE COMPANY,
Claimant,
vs.
CITY COUNSEL FOR CITY OF
TUSTIN,
Defendants,
CLAIM FOR RECOVERY OF
WORKERS' COMPENSATION
BENEFITS PROVIDED PERSONAL
INJURY
Government Code Section
910
TO THE CITY COUNSEL, CITY OF TUSTIN, CALIFORNIA:
You are hereby notified that WESTERN EMPLOYERS INSURANC!
COMPANY, whose address is 1400 North Harbor Boulevard, P.O.
Box 5347, Fullerton, California 92635 asserts a claim in the
amount, computed as of the date of the presentation of this
claim, of $27,444.
The claim is based on personal injury sustained by
GEORGE CLARK on January 4, 1985 in the vicinity of Edinger Avenue
and designated as DOT crossing number 26-692, in the City of
Tustin, California. GEORGE CLARK, then in the course and scope
of his employment for RAM FREIGHTWAYS, was driving a vehicle
eastbound on Edinger Avenue, near the subject railway crossing,
when his vehicle was struck by the engine of a Santa Fe Rail-
road train traveling on the rail lines at the location indicated
above.
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The City of Tustin negligently, carelessly, and other-
wise improperly, designed,'approved, maintained and inspected
the subject crossing which, because of the relationship of the
signals, railroad track, and Edinger Avenue, posed a hazard
to persons crossing the junction of the railroad tracks and
Edinger Avenue, the location of the accident.
As a result of the injuries received by GEORGE CLARK
WESTERN EMPLOYERS INSURANCE COMPANY has become obligated to
pay, and has paid, certain sums for workers' compensation bene-
fits to GEORGE CLARK, pursuant to contract with GEORGE CLARK'S
employer, under the Workers' Compensation Laws of the State
of California. WESTERN EMPLOYERS INSURANCE COMPANY is under
an obligation to provide future benefits, under the Workers'
Compensation Laws of the State of California, to GEORGE CLARK.
The names of the public employees causing injury to
GEORGE CLARK and WESTERN EMPLOYERS INSURANCE COMPANY, are un-
known.
The damages sustained by claimant, as far as known,
as of the date of the presentation of this claim, consists of
workers' compensation benefits provided to or for the benefit
of GEORGE CLARK.
DAMAGES INCURRED TO DATE
Expenses for hospital and medical care $164.00.
Estimated prospective damages as far as known.
Future expenses for medical and hospital
care $5,000.00.
Rehabilitation ccsts $7,280.00.
Estimated permanent disability award $15,000.
Total estimated prospective damages $27,280.00.
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Total amount claimed as of the date of presentation
of this claim $27,440.00.
Ail notices or other communications wi~h regard to
this claim should be sent to claimant, care of its attorneys
at the following address:
METZ, JOHNSON & LARSON, 1400 North Harbor Boulevard,
P.O. Box 5347, Fullerton, California 92635.
DATED: March 25, 1985 METZ, JONSON &~S~N
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BY.--:-,"
W. SCOTT PL~'LF.R "' ,~ ' --
Attorney for Claimant
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