HomeMy WebLinkAboutCC 4 CLAIM #82-8 06-07-82DATE:
TO:
FROH:
$ UB3 E~T:
May 13, 1982
CONSENT C~T.RNDAR
No. 4
6-7-82
Inter -Corn
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: MURPHY, Keith D/L: 12/5/81
FILED W/CITY: 3/11/82 CLAIM NO: 82-8
CARL WARREN FILE NO: 31416 RR
After investigation and review it is recommended
that the above-referenced claim be denied and the City'Clerk
directed to give proper notice of the denial to the claimant
and to the claimant's attorney.
JGR:se
Enclosure
1. Copy of Claim
cc: OCCRMA
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In the matter of the Claim of: )
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KEITH MURPHY )
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Against, )
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THE CITY OF TUSTIN, California )
A Municipal Corporation. )
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TO:
SUPPLEMENTAL NOTICE OF
CLAIM FOR DAMAGES
Dated: April 12, 1982
Respectfully submitted,
Law Offices of
for Claimant
THE CITY OF TUSTIN, A Municipal Corporation:
KEITH MURPHY, by and through his atto=ney of record,
FREDERICK W. WERVE; supplements his previous notice of claim
for dmmages as follows:
4(a) The claimant is informed and believes and
thereupon alleges that the CITY OF TUSTIN was. responsible for
the design, construction, maintenance, control, ownership, and
jurisdiction of that portion of Main Street approximately 266
feet west of Pacific Avenue in the vicinity of the Tustin Acres
Apartment Complex and the claimant further alleges that a dangerous
and defective 'condition existed upon said roadway at said place
because of a sight distance problem for both east and west bound
traffic at the accident location. Claimant further alleges that
the CITY OF TUSTIN, its agents or employees were negligent in
that no signs, warnings, or other notifications of the dangerous
and defective condition existed at this location and that these
acts and omissions were the proximate and substantial cause of
the accident which befell claimant.
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In the matter of the Claim of: )
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KEITH MURPHY ) NOTICE OF CLAIM FOR DAMAGES
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Against, )
THE CITY OF TUSTIN, California,
a municipal corporation )
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THE CITY OF TUSTIN, A Municipal Corporation:
KEITH MURPHY hereby makes claim against the CITY OF TUSTIN,
State of California, for the sum of $60,000.00 and makes the
following statements in support of the claim.
1. Claimants address is
2. Notices concerning this claim should be sent to the
Law Offices of FREDERICK W. I~RVE, Attorney at Law, 401 Civic
Center Drive West, Suite 670, Santa Aha, California, 92701.
3. The date and place of the occurrence giving rise to
this claim are: December 5, 1981 on Main Street approximately
266 feet west of Pacific Avenue in the vicinity of the Tustin
Acres apartment complex, in the City of Tustin, County of Orange,
State of California.
4. The circumstances giving rise to this claim are as
follows: at the above time and place, claimant was operating his
automobile along and on Main Street at approximately 8:20 p.m.
he was operating his vehicle in a westerly direction and was
attempting a turn from Main Street into the Tustin Acres complex.
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A vehicle owned and operated by GERALD AYALA Was proceeding
in an easterly direction on Main Avenue and collided with the
vehicle being operated by the Plaintiff. Approximately 100
yards from the scene of the accident, there is a crest of a
hill which presents a sight/distance problem for both west and
east bound traffic on Main Street.
5. Claimant sustained injuries to and about his head,
neck and back as well as suffering cuts and bruises over his
body.
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as follows:
$1,200.00
Claimant makes this claim in the amount of $60,000.00
The basis of computation of the above amount is
Medical expenses incurred to date approximately
Unknown future medical expenses;
Property damage; ,
Loss of income incurred and to be incurred.
8. I, FREDERICK W. WERVE, the undersigned, am the
person presenting this claim on behalf of the above named claimant.
Dated this 9th day of March, 1982
Law Offices of
FREDERICK W. WERVE
Attorney for Claimant
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