HomeMy WebLinkAboutCC 3 CLAIM #85-31 07-01-85~?E: 06/14/85 lntel*-Com
TO:
FRON:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: CRAIG & DEBORAH PHILLIPS; D/L: 2/27/85;
DATE FILED W/CITY: 5/28/85; CLAIM NO: 85-31; CARL
WARREN FILE NO: S-42222-LFH
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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(SPACE B~uOW FOR F~LING STAM~ ONLY)
BURTON. HAL. LORAN & SCHWARTZ
for Claimants
IN THE MATTER OF THE CLAIMS OF
CRAIG PHILLIPS, DEBORAH
CLARK PHILLIPS,
CITY OF SANTA ANA, CITY OF TUSTIN,
COUNTY OF ORANGE, STATE OF
CALIFORNIA.
CLAIM FOR DAMAGES
PURSUANT TO CALIFORNIA
GOVERNMENT CODE ~ 910
TO: CITY OF SANTA ANA, CITY ~F TUSTIN, COUNTY OF oRANGE, STATE
BOARD OF CONTROL AND STATE OF CALIFORNIA:
YOU ARE HEREBY NOTIFIED that CRAIG PHILLIPS and DEBORAH CLARK
PHILLIPS, whose address is
claims damages from the CITY OF SANTA ANA, CITY OF TUSTIN, COUNTY
OF OkANGE, STATE BOARD OF CONTROL and STATE OF CALIFORNIA, in
the amount computed as of the date of presentation of this claim,
of $5,000,000.00.
This claim is based upon personal injuries and damages
sustained by claimants, CRAIG PHILLIPS and DEBORAH CLARK PHILLIPS,
on or about February 27, 1985, in the vicinity of Warner Avenue at
or near its intersection with Pullman Avenue, in the City of
Santa Aha, and/or City of Tustin, County of Orange, State of
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California, under the following circumstances: while claimant,
CRAIG PHILLIPS, was operating a motor vehicle which was traveling
westbound on Warner Avenue at or near the interesection of
Pullman Avenue, he was struck by an automobile being operated by
Eugene Phillip Muras which was traveling eastbound on Warner
Avenue at or near the intersection of Pullman Avenue thereby
causing severe injuries and damages to claimant, CRAIG PHILLIPS.
DEBORAH CLARK PHILLIPS was, and is, the dutiful and lawful wife
of Claimant, CRAIG PHILLIPS.
The names and identities of the public employees responsible
for the injuries and damages sustaim~d by claimants under the
circumstances described above are no~ known to claimants at this
time, however, claimants are informed and believe and thereon
allege that the CITY OF SANTA ANA, CITY OF TUSTIN, COUNTY OF
ORANGE, STATE BOARD OF CONTROL and STATE OF CALIFORNIA and their
agents, servants and employees,~have the responsibity, either
totally or partially, for the placement of proper warnings,
barricades, speed reducing devices, traffic controls, and other
appropriate protective devices so as to warn and or prevent
eastbound traffic on Warner Avenue in the area described above
from traveling in an excessive rate of Speed for conditions
existing at the time of the subject accident as well as to provide
the above mentioned items so as to warn westbound traffic in the
area described above of the excessive speed of said eastbound
vehicles.
The damages sustained by claimant, CRAIG PHILLIPS, as far
as known as of the date of presentation of this claim, consist of:
severe and disabling injury to the brain and head with resulting
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physical, mental and emotional disabilities. The damages sustained
..by claimant, DEBORAH CLARK PHILLIPS., consist of: loss of
consortium.
The amount of this claim, as of the date of presentation, is
computed as follows:
1. General damages for CRAIG PHILLIPS $5,000,000.00-
2. General damages for loss of consortium for DEBORAH
8 CLARK PHILLIPS $1,000,000.00;
9 3. Medical and related expenses the amount of which are
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unknown at this time;
4. Loss of earnings and ear~'ng capacity the amount of
which is unknown at this time.
All notices or other communications with regard.to this
claim should be sent to claimants in care of Burton, Halloran
and Schwartz, Attorneys at Law, 333 Bayside Drive, Newport Beach,
California 92660.
DATED: May 24, 1985.
Hatloran & Schwartz
BY ~
/ttorneys for Claimants
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