HomeMy WebLinkAboutCC 5 CLAIM #80-29 12-15-80DATE:
11/21/80
CONSENT CALENDAR
No. 5
12-15-80
TO:
FROM:
S UBJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
J~qES G. ROURKE, CITY ATTORNEY
CLAIM OF MARY KRISTEN POTTS; CLAIM NO. 80-29; DATE FILED
W/CITY: 11/17/80; DATE OF LOSS: 9/16/80
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 his attorney.
JGR:se
Enclosure
1. Claim of MARY KRISTEN POTTS
CLAIM AGAINST THE CITY OF TUSTIN
TO: THE CITY OF TUSTIN AND TO ITS CITY COUNCIL:
The following claim for damages is hereby made by
and on behalf of the below-named claimant against you:
A.. Name and Post Office Address of Claimant:
~{ARY KRISTEN POTTS
B. Address to Which Notices Are to be Sent:
WALKUP, DOWNING, SHELBY, BASTIAN,
MELODIA, KELLY & O'REILLY
650 California Street'
San Francisco, California 94108
C. Date, Place and Other Circumstances Which Give Rise
to This Claim:
1. The occurrence happened on or about September 16,
1980, near the intersection of Bryan and Browning Avenues, in the
City of Tustin, County of Orange, State of California.
2. On or about September 16, 1980, the City of
Tustin, and their agents, servants, employees and contractors
were engaged in certain construction work at the above-named
location, and more particularly were engaged in constructing a
flood control channel.
3.. At all times herein mentioned, a.portion of said
construction work was being carried on by H. A. Sessler, Inc.
(hereinafter referred to as the contractor), pursuant to and
under a written contract with the City of Tustin, and/or under
the supervision, direction, management and control of the City
of Tustin.
4. On or about September 16, 1980, and for some
period of time prior thereto, the City of Tustin and/or the above-
mentioned contractor excavated a trench, constructed forms,
poured concrete, and relocated forms, at or near the intersection
of Bryan and Browning Avenues, in the city of Tustin, for the
purpose of constructing said flood control improvements.
5. At all times herein mentioned, the City of
Tustin carelessly and negligently maintained said project in a
dangerous and defective condition so as to cause workmen to come
in close proximity to high voltage power lines so as to create
an unreasonable risk of injury to workmen engaged in working in
and about said project; and the City of Tustin carelessly and
negligently failed to warn its contractors and workmen of said'
dangers; and the City of Tustin carelessly and negligently
planned and designed said construction work; and further care-
lessly and n~gligently supervised and directed or failed-to
supervise and direct the contractor in the performance of said
construction work; and th'e City of Tustin carelessly and negli-'
gently failed to require the contractor to adequately insulate
said high voltage power lines,~ or to take other proper precau-
tions in respect'thereto; and the City of Tustin failed to
provide the contractor, its employees, and other workmen with a
safe place to work.
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6. On or about September 16, 1980, claimant's
husband, SAMUEL POTTS, was an employee of the contractor and was
engaged in performing certain work ~in said project in the course
of his employment. At said time and place, as a direct and proxi-
mate result of the carelessness and negligence and of said dangerous.
and defective condition, a crane was caused to come in contact
with said high voltage wires and the claimant's husband was thereby
caused to be electrocuted and suffered severe and extensive burns.
D. Description of Injuries and Damages:
1. Claimant's husband sustained extensive burns to
both arms; the loss of his right forearm and hand; major damage to
left wrist and hand, tendons, muscles and flesh; severe burns to
his chest and loss of his left breast, and as a result claimant.
has suffered loss of support, services, love, companionship, affec-
tion, society, sexual relations and other elements of consortium.
2. Amount claimed as'of the presentation of this
claim, including the estimated amount-of any prospective injury,
damage and loss insofar as it is known at the time of the presen-
tation of this claim is One Million Dollars ($1,000,000.00'), in-
cluding medical expenses to date.
E. Employees Causing Injury or Damage:
Claimant does not know at the present time the
names of the employees of the'City of Tustin who caused said
injuries and damages.
F. Amounts Claimed:
Claimant claims general damages in the sum of One
Million Dollars ($1,000,000.00), and special damages as set forth
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above in said claim.
DATED:
November~7, 1980.
WALKUP, DOWNING, SHELBY, BASTIAN,
~;~LODIA, KELLY & O'REILLY
By
~~JOHN ECHEVERRIA
rneys for Claimant
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