HomeMy WebLinkAboutCC 6 CLAIM #85-32 07-15-85AGEND,, ~ N6!N.S!NT 6ALENDAR
~RABLE MAYOR AND CITY COUNCIL
TO:
FROM:
S UBJ £CT:
~.~
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: MURAS, EUGENE P.; D/L: 02/27/85; DATE FILED
W/CITY: 06/11/85; CLAIM NO: 85-32; 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
OBe T n. CH .IST. ns n
,FULLEg. TOfl. C~qLI'FO~flI'R 9:~635
June 6, 1985
CLER2(, CITY OF ~,~m~:
300 Centennial ;-7ay
Tustin, CA 926 80
F.E: Eugene P. :zulus vs. of California, County of Orange
City of Santa Ana, and
~z~, of Tustin
Gentlemen:
The undersigned hereby presents the following claim for personal
injuries and damages to California Government CoCa Sections 910,
n~ follows:
912.2 and =.0.6 as
1. Claimants name is Eugene P. ?:uras and he resides at
1631 West Flower, Fuiierton, C_aiifornia 92633.
2. Claimant requests Uhat all notices be sent to his
attorneys, Law Offices of Robert N. Christen=em, 211 East
Imperial Highway, Suite 203, Fulierton, California 92635.
3. This claim arises out of injuries and damages sustained
on February 27, !9~5.
4. The hereinafter described incident occurred at I:arner
Avenue, 20 feet east of W~ Pullman; in the City of Santa Ama
and/or Tustin, County of Orange, State of California.
5. On or about February 27, 1985, claimant was travelling
eastbounc on Uarner Avenue in the City of Santa Ama or ~u~in
approaching the inuersection of ~yarner and Puilr~an and in
travelling this stretch of highway came upon a area of roadway
which was improperly designed, maintained and/or repaired i~ c[~a
........ ~ ........ the vision ..... '~
;-~ in%ersection of Pullman was oo~c~ .... f~.~
not ..... ~: ~erceived by a person travei!in~ eastbound on ~[arner
~r~iC on ..'~
Avenue arid ti~e area of roacway fcr eastbound ~ -:~ .......
Avenue prior ~o nhis intersection cont,ined no si~n or ocher
e -~f'~ control device ¥~arning of ~ne impending intersection at
~uliman, nor was the intersection controlled by any traffic
contrci signal or device that would have given proper and
adequane warnin~ of the intersection to those individuals
approaching this intersection eastoound on Warner Avenue.
Ciaimanz sustained severe bodily injuries as a result of a
col!isior: at this intersection.
6. Prior zo claimant's injury defendant, State of
California, owned, operazea, maintaine~ and/or repaired said area
of roadway as previously described herein, in a danwerous,
defective-and unsafe condition on the date of this accicent in
~hat this area of roadway was improperly designed, repaired
and/or maintained as a result of the grade and angle of the
roadway, 'the overgrowth of plants and/or shubDery which obscurre~
the vision of claimant and those motorists approaching the
Pullman intersection eastbound on Warner Avenue, as well as, the
lack of sufficient traffic signs or traffic control devices
warnin~ those motorists travelling eastbound on Narner Avenue of
z[ie Pullman intersection. The condition of the property created
a suSstantial risk of injury when such property was used with due
care in a manner that was reasonably forseeabie that it would be
used.
7. The injuries of which claimant complains was
proximately caused by these &anc~erous con~izions.
8. The injury occurred in a way that was reasonably
forseeabie as a consequence of the dangerous conditions Of the
property.
9. The State of California had actual or constructive
notice of the dangerous condiuions at a sufficient time prior to
the time of the accident so that measures could have been taken
to protect the class of persons travelling eas=bound on garner
Avenue, of which plaintiff was a member from the dangerous
conditions.
10. The names of the government officials, servants or
employees causing the damages and injuries are unknown.
!I. Claimant, Eugene ?. Nuras, demands general damages in
the sum of $250,000.00, medical expenses, lost earnings, and all
related expenses incidental thereto.
RNC: j h
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