HomeMy WebLinkAboutCC 6 CLAIM #80-28 12-15-80DATE: 11/21/80 CONSENT CALENDAR .No. 6 12~15.80 T0: HONORABLE ~LAYOR AND CITY COUNCIL FROM: J~ES G. ROURKE, CITY ATTORNEY SUBJECT: CLAIM OF SAMUEL POTTS, TUSTIN CLAIM NO. 80-28; DATE OF LOSS: September 16, 198~, DATE FILED WITH CITY: 11/17/80 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 Samuel 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: SAMUEL 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 po~ibn 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 negligently supervised and directed or failed to supervise and direct the contractor in the performance of said construction work; and the 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. -2- 6. On or about September 16, 1980, claimant SAMUEL POTTS was an employee of the contractor and was engaged in performing certain work in said project in the course of bis employment. At said time and place, as a direct and proximate 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 was thereby caused to be electrocuted and suffered severe and extensive burns. D. Description of Injuries and Damages: 1. Claimant 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 other injuries presently undiagnosed. 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 Three Million Five ~undred Thousand Dol- lars ($3,500,000.00), including medical expenses to date. Said medical expenses are in an amount presently unknown to claimant and are still continuing. In addition, claimant has and will co~-' tinue to suffer loss of income in a presently unascertained amount. E. Employees Causir~ Injury or Damage: Claimant does no% know at the present time the names of the employees of the City of Tustin who caused said injuries and damages. -3- F. Amounts Claimed: Claimant claims general damages 'in the sum of Three Million Five Hundred Thousand Dollars ($3,500,000.00) and spebial damages as set forth above. DATED: November 7, 1980. WALKUP, DOWNING, SHELBY, BASTIAN, MELODIA, KELLY & O'REILLY / \ ,o~N ECHEVERR~A ~ ~orneys for Claimant -4-