HomeMy WebLinkAboutCC 4 CLAIM #83-21 06-20-83DATE:
TO:
FROM:
SUBJECT:
6/9/83
CONSENT CAT~NDAR
No. 4
6-20-83
lnter-C°m
ONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: JED MONK; D/L: 2/13/83; FILED W/ciTy:
5/19/83; CLAIM NO: 83-21; CARL WARREN FILE.'NO:
S34904H~/
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 claihant's attorney.
JGR:se
Enclosure
1. Copy of Claim
cc: OCCRMA
(For Damages to Perso~,s or Personal Property)
Received by ~--.x aD ~.D-'~ via
U.S. Mail O
Inter-office Mail
MAY i :) 983
Over the Counter O~lce. TustmCR~Cle~k
The law provides generally that-a claim must be filed wi~ the City Clerk of
the City of Tustin within 100 days after which the incident or event occurred.
Be sure your claim is against the City of Tustin, not another public entity.
Where space is insufficient, please use additional paper and identify informa-
tion by paragraph number. Completed claims must be mailed or' delivered to the
City Clerk, The City of Tustin, 300 Centennial Way, Tustin, California 92680
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California:
The undersigned respectfully submits the following claim and information rela-
tive to damage to persons and/or personal property:
NAME OF CLAIMANT: JED MONK
a. ADDRESS OF CLAIMANT: 4838-
b. PHONE NO: ( c. DATE OF BIRTH:
SOCIAL DRIVERS
d. SECURITY NO: e. LICENSE NO:
2. Name, telephone and post office address to which claimant desires notices
to be sent, if other than above.:
L. EDMUND KELLOGG, ESQ., 221 I/2 N. VerduGo Rd., Glendale, CA 91206
(213) 247-6890
3. ~This claim is su-bmitted against:.
a. The City 'of Tustin only.
b. The following employee(s) of the City of Tustin only:
The City of Tustin and the following employee(s) of the
City of Tustin only: All Employees of the: City
Occurrence or event from which the claim arises:
a. DATE: 2/13/83 b. 'TIME: 2:00am. c. PLACE (Exact
and specific location): Redhill Avenue, 150 feet north of
Bell Avenue
d. How and under what circumstances did damage or injury occur? SpecifY
the.particular occurrence, event, act or omission you claim caused
the injury'or damage (Use additional paper if necessary).
see attac~ed police report
What particular action by the City, or its employees, caused the
alleged damage or injury?
design, maintenance, and Door lighting on city street
Give a description of the injury, property damage or loss so far as is
known at the time of this claim. If there were no injuries, state "no
injuries".
injury to right hip, dislocatioN-, abrasionto left knee
~ope~ was totally destroyed
Give the name(s) of the City employee(s causing the damage or injury:
unknown at this time
Name and address of any other person injured: N/A
8. Name and address of the owner of any damaged property: (Moped)
9. Damages claimed: General Damages: $256,00o.o0
a. Amount claimed as of this date: $13,868.27
b. Estimated amount of future costs: ~,000.00
co
d.
Total amount claimed: $~,~gR ?7
Basis for computation of amounts claimed (include copies of all bills,
invoices, estimates, etc.: see attached bills
10. Names and addresses of ~11 witnesses, hospitals, doctors, etc.:
a. Western Medical Center Witness: see attached police report
b. Eung P~r~, M.D.
c. William Dixon, M.D. See attached bills
d. Robert L. Baird, ~4.D.
Arthur F. Mean, M.D.
11. Any additional information %hat might be helpful in considering this claim:
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal Code
Section 72; Insurance' Code Section 556.0)
Tustin, California
I have read the matters and statements made in the above claim and I know the
same to be tr~e of'my own knowledge, except as to those matters stated to be
upon information or belief and as to such matters I believe the same to be true.
I certify under penalty of perjury that the foregoing is TRUE AND CORRECT.
Executed this 18 day of May
, 19 , at Tustin, California.
.~' ' CLAIMANT tS SIGNAT ~E %
Office of the City Clerk, t~"~.~....~,._~ '~'~~ i
DATE FILED: ~/Z~ /~/ /
Revised 8/05/81
JGR:se :R:8/5/81 (A)
0 I [3
J
$~ETCH - NARRAT~V,~ .COH~T-1NUAT~ON
WESTERN MEDICAL CENTER
HPI: This is a 25 ~_ r old white ~le who
apparently ~s riding his m~ped after leaving h~ girlfriend's home, he ~aed
his head to the left ar~ did not ~ot/ce a parked vehicle. His moped struck the
stat/chary parked ~-hicle at approY~"~tely 20 tm 25 miles per hour. ~e pat/ent
~-{es any loss of consciousness. He remembers the incident w~ll.
~ ~ ~s to~lly aestroyed, but the
-pa~[cs reported ~ ~ ~ fie~ ~ ~t ~ f~ ~io~, ori~
X 4, ~ ~ ~e ~t ~, d~ ~t ~ of d~p~ ~ his viea] si~
~e S~hle wi~ a ~ S~ e~mhyc~a. D~ ~ ~ es~- ~ of ~e
~isi~, ~ ~] d~ti~ of ~ ~, it ~ d~id~ ~t ~ ~t
~a,,~ ~it ~ ~ ~~.
On arrival at the WES~4~D trauma unit, the
pat/ent ~as alert, awake, oriented X 4. He re-~ th~ accident and denies
any loss of consciousness. His vi~] signs r~n~ned s~hle throughout
transportat/on as well as at the trauma unit.' Routine radiographic studies,
!~atories and precautionary ,~e~ures ~_re initiated.
~knownall~gi~.
M~DICATIONS: None.
PAST MSDICAL HISTCRY: Fracture: 1. fracture of the right phalange
apprc={m~tmly 3 y~ars ago with no neurologic~! se~]ae. No other fractures.
Major hospitalizations: none. Surgery: n~e.
SCCTAL HIS~Y: The patient smokes approx{-~tely 1 pack a day
for the l~-t' 5 to 6 years. This patient states that he only drinks 2 to 3 bee~s
a day. This evening the patient stated he only h~ 1 to 2 glasses of alcohol.
FAMILY FT.~2RY: The patient is the second child of 4. AIl
other siblings are alive ~n~ well. His mother and father are alive and well.
T~_re is no family history of diabet~, hypertansicn, c~ncer, blocd
coagulopathy or rh~3m~toid clisord~e~ in the f~m~ ly.
WCRK RIS%~.~Y: ~ patient is a st,,~ent at Orange Coast
College, he is scheduled to enter ~2 Berkley this ~m~ng fall.
REV~4 OF SYS~4S:
w~ esse. i~t.],~,l ly ~-~coutributory. The
patient states that he ~ ~n ~lthy. In part/~!ar, the patient denies
WESTERN MEDICAL CENTER
-~.: ~
DO: 2-13-83 line 4 ~,,
DT: 2-13-83
b~zaNI~3EU) rR~., M-D.
2-13-83 .oo. ~.
MkNK,
83-90040-7
E[~NG PARK, M.D.
IC~3
MR 10:
Page t~. WESTERN MEDICAL CENTER
any' chroaic b~che, diplopia, decr~.~e in-visual acuity, chronic sore thrOat
or chronic chest cor~tion.. The patient ~l_qo denies any history of
hematochezia, h~-~e-~is, bl~ck ~rry s~_~_Ls. The patient denies any GU
history of frequency, urgency, dysuria or hematuria. ~ne patient was in
mc~ erate ~n and did not cooperate with the r~{ning questions of the review
of syste~. Again, the patient states that he is essentially b~lthy and has
h~ no mjor m~dical problea~.
WESTERN MEDICAL CENTER
EL: dh
DD: 2-13-83
DT: 2-13-83
NAME
J~DICA~ wr~ ~ ~t .O.
~3NGPARK, M.D.
WESTERN MEDICAL CENTER
~ $IG~.' . ~P 120/90, P 100, R 20, T 100.1.
~ APPEARANCE: This is a w~ll developed, w~ll nourished, 25
old white -~]e in mode_rate pain, anxious and is somewhat uncooperative but
underst~c]s and follows verbal _co-~ %m~ll. ]~e is oriented X 3.
SKIN: Nor-~l ~,rgor, sc~ewhat pale in color,
~pera~l~e is son,what cool. Lymphs: no cervical adenopathy noted. RFPNT:
head no&a~=epb~lic, atraur~tic. No Battle sign or raccoon signs seen. Eyes
P~/A. ~DMI. Sclerae and conjunctivae are cl~r. F~rs: TM$ are intact
bilaterally without any inflanlraticxn or discharge. External a,~tory ~-~]-~ are
cl-ar. Nose free bf polyps, m~%l sep~] deviation or nasal brid~ .pain.
Throat: n~ist bucci! ,~mbranes. Posterior pharynx clear. U~,]~ midline.
Dentition is good.
motion. No -~ses palpated.
Trachea midline, supple with b,11 range of
S~=trical without any rib cage pain. No
retractions, flaring or splinting is noted. Sc~= mids~ernal pain is noted.
~FASTS: Nontender. No discharge.
B~2K: No CVA terxierness is noted. No abrasions or
ecchymDsis no~_~4. No pain with deep palpation of the LS spine.
LUNGS:
w~ART:
Clear to P & A bilaterally.
Norm~] sinus rhythm withou.t any gallo9 or
Heart sou~- are not distant.
AEXI~J~: Flat with nO,-"-,.,1 scaphoid apl::~arance. No
evidence of previous surge_ry.' ~ soft, nontender, bowel sounds are
present. There was no organon~galy palpated.
_(~9'i"]~T,TA.: Nort~l ex~-J=rn.~l ri'role geniealia. Cirolm~ised.
Testes are R~cended bilaterally.
Go~d rec~l tone.
M~rked pain with palpation of the pelvis.
DO: 2-13-83
DT: 2-13-83
EXTREMITIES: At the right hip there is a posterior-bulge
no~, .edematous, 4+ tender. On deep p.'~l?ation, it feels like the feu~r
Marked guar~{ng and spasm is no~ over the right hip area. ~ft hip
essentially within normal l~m{ts. No pain with palpation of the dis~l
CONT~.
WESTERN MEDICAL CENTER
STANFflqD r~., M.D.
2-13-83 ,oo. ,o .
MDNK, JED
83-90040-7
ITU23
~ PARK, M.D.
MR 10;
'{
.j
Page t:~. WESTERN MEDICAL CENTER
or tib fib bilaterally. Fu31 range of motic~ at the ankles. Excoriation no~
at the left knee. No crepi~,-~ or fractures p~?ated at either knee. Dp[Der
extr-m~ty neurovasc01ar, motor intact. Lo, er extremity: left lo~r extremity
neurovas_m~]*r, ~otor app~s intact. Right lower extremity: difficult to
evaluate s __~v~a~y to ~rked pain. [~,l-~es: radial, dorsalis p~{s a~d tibialis
posteriorly are 2 to 3+ and ~ni ~d bi/a~rally. Joints: no hot or
Ymn~ status: the pat/ent is alert, oriented
X4 and ___eccl0erative. He is somewhat anxious. Cran~a] nerves II through X!I are
grossly intact. D~Rs are 1 to 2+ and equal bilaterally. Plantar reflexes are
downward bilaterally. Cerebellar appears grossly intact.
LABS: Chest x-ray: no pleural effusion not_~4_. No
gross rib fractures noted. Heart size essentially within nor,~l limits.' Lung
fields are essent/ally clear. Poor quality film seco~ary to position. Cross
e~hle ce_~vical spine visualized to C7, essentially within normal limits. No
.dislocation or sublu~tion noted. Pelvic film: dislocation of the right hip
posteriorly is noted. Possible fracture of the right head of the f~,~w. Sodium
141, poea~sium 3.8, chloride 108, C02 25, glucose 172, BUN kl, creatinine 0.9.
Amylase 47. WBC: 9,300 with 62 polys, 36 lymphs and 2 monos. EIOH level 183.
~og_ lobin 16.2, 'bematocrit 48.4, with normal indices. Platelets 229,000. PT
1. POS'i~IER DISIDCATION' OF TcIE RIGHT HIP
WITH PQSSIHLE ERAC~RE OF ~HE RIGHT
~aD O1~ THE hTI~ERUS.
2. J43L'l..u.,r.w. ABRASIORS AhD ESCCRIATIONS WITS
MILD $'.~.~:~uNAL PAIN S ~_~?O,%~ARY T~D ~
3. HIGH ATFT3~OL LEVEL, ~DST LIFF/.Y.
C05T/RIBUTED F(~ THE PATI~N~T BEING
4. BLUNT ~qAUMA TO THE C~T AND AP~OM~q.
NARRA~i~: This patient is apparently s*~hle. There is
no clialc~l evidence of ~a-~l or ~a~racic bl~. S~ ~
~t ~s of ~ ~ld ~~ ~, ~e ~ti~t ~11 ~ ~_~g~
~~y ~ br~ghjt ~ ~e I~ for ~~. Re~t c~t x-ray ~
s~]-fi~ ~11 ~ ~ne ~ ~e ~g. ~ his right hip ~sl~a~, Dr.
~, O~ic ~g~n, wi~ ~ ~n~l~ ~ ~ e~ua~ ~ ~t ~
~t l~y ~ ~ia~ly r~ ~e right hip dis~tion. ~iti~] s~
wi~ ~ ~ ~ ~r~ria~. ~e ~t ~ ~ ~ ~g~n c~r~ly ~
~ ~ ~ ~ ~sf~r~ ~t of ~ ~t ~ ~ropria~. ~ ~11 ~rk ~o~y
~ ~ ~~c s~q ~ ~ ~e~nt of ~s ~t.
WESTERN MEDICAL CENTER
DATE
SL:
DO: 2-13-83
DT: 2-13-83
83-90040-7
E3NGPARK, M.D.