HomeMy WebLinkAbout20 CLAIM #97-32 04-06-98 LAW OFFICES OF
'~VOODRUFF~ SPRADLIN & SMAR'~
PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
XO. 20
4-6-98
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
April 1, 1998
Claim of Mary Green; Claim No. 97-32
RECOMMENDATION: After investigation and review by the City's claims administrators
and this office, it is recommended that the City Council deny the claim and direct the City
Clerk to send notice'thereof to the claimant and to the claimant's attorneys.
DISCUSSION: This is a claim for personal injuries in excess of $25,000 due to claimant's
fall on a wet sidewalk next to the Tustin Auto Wash. The insurer for the Auto Wash was
notified of the claim. There is evidence that a sprinkler head on the Auto Wash property
was defective and caused water to flow onto the sidewalk. The claimant has filed an action
in Municipal Court but has not named the City of Tustin. However, to be prudent, the City
should reject the claim to start the statute of limitations as to the claim against the City.
Endlosure
cc: William A. Huston, City Manager
LOIS E. JEFFRF~ Z~ 0
1102-9732
60867_1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICES OF STEPHEN M. TORNAY
625 The City Drive. Ste. 360
Orange. CA 92868
(714) 740-2701
(714) 740-2875 fax
Attorney for Plaintiff,
MARY GREEN
MARY GREEN,
CITY OF TUSTIN.
Claimant,
Respondent.
CLAIM FOR PERSONAL INJURIES
(GOVERNMENT CODE SECTION 910)
TO THE COL..-NTY OF ORANGE:
YOU ARE HEREBY NOTIFIED that M.42~Y GREEN whose address is ,
claims damages from the CITY OF TUSTIN in an amount within the
jurisdiction of the Superior Courts of the State of California.
This claim is based upon personal injuries sustained by N&&RY GREEN on or about
February 5, 1997 in the Civj, pfTustin when claimant slipped and fell on a wet, slimy cement
sidewalk locate4~ the 300 block of Centennial Way in Tustin, California. The sidewalk had
been wet and slippeD, as a result ora broken sprinkler and the CITY OF TUSTIN failed to
properly maintain ~he sidewalk and warn oft_he dangerous condition created thereby.
At the aforementioned time and place the CITY OF TUSTIN negligently maintained the
sidewalk and sprinkler system located on or about 315 Centennial Way, Tustin, CA. As a direct
and proximate result of~e CITY OF TUSTIN's negligence, MARY GREEN was caused to slip
and fall on said sidewalk.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
As a direct and proximate result of the act of the CITY OF TUSTIN claim,.ut
received severe injuries-to her right foot and leg, and other injuries not yet 'k.nown.
The amounts claimed as of the presentation of this claim are within the jurisdiction of the
· Superior Court and are computed as follows:
1. Expenses for medical and hospital care;
2. Expenses for prescription drugs;
3. Pain and suffering;
4. L°ss of earnings;
5. Special damages; and
6. General damages.
All notices or other communications with regard to this claim should be sent to claimant
at 625 The CiD, Drive, Ste. 360, Orange, CA 92868.
DATED: August 4, t 997 LAW OFFICES OF STEPHEN M. TORNAY
By: Attorney for ~laiman~: ~
8
9
10
11
12
13
~14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 1 PROOF OF SERVICE BY MAIL
2 STATE OF CALIFORNIA )
)ss
3 COUNTY OF ORANGE )
4 I am employed in the county of Orange, State of California, I am over the age of 18 and
5 not a party to the within action; my business address is 625 The City Drive, Ste. 360, Orange,
6 California 92868.
7 On August 5, 1997, I served the foregoing document described herein as
GOVEILN'MENT CLAIM FOR PERSONAL INJURIES' on all interested parties in this action
by placing a true copy thereof in a sealed envelope addressed as follows:
City of Tustin
300 Centennial Way
Tustin, CA 92780
I caused such envelope to be sent by mail at Orange, California.
Executed on August $, 1997, at Orange, California.
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
CARL WARREN & CO.
Insuranc~ Adjusters
Claims Administralors
City of Tustin
S 96153 PCB
2/5/97
8/20/97
PHOTO 1: Looking
eastbound on the
north sidewalk of
Main Street between
Newport and
Centennial. The
claimant was walking
eastbound when she
.slipped and fell at or
near the arrow. Photo
is about 5 paces from
the point of fall, at or
near arrow.
PHOTO'2: Claimant
view just west of the
point of fall. A slight
discoloration in the
pavement is seen
where water has
flowed from the
sprinkler head, which
is on private property
(/ustin Auto Wash).
CARL WARREN & CO.
Insurance Adjusters
Claims Administrators
City of Tustin
S 96153 PCB
2/5/97
Paul Curran
8/20,'97
PHOTO 3: Looking
north at the scene of
the accident, across
Main Street toward
Tustin Auto Wash.
Grass strip belongs to
the Auto Wash.
PHOTO 4: Looking
west at the point of
fall, at or near arrow.
Claimant crossed the
water spot once
before returning to the
spot during her walk
to step in it again.
then tripped and fell.
City of Tustin
Main west of Newport, Tustin
S 96153 PCB
TUSTIN AUTO WASH PARKING LOT
BOX ,
SIDEWALK
CLMT WALKS
EASTBOUND. STOPS
AT WET AREA, THEN
STEPS AND FALLS ' OF
FALL
MAIN STREET
PAUL CURRAN
9/15/97
NOT TO SCALE