HomeMy WebLinkAbout04 CLAIM #03-33 11-03-03 Agenda Item
Reviewed:
AGENDA REPORT C,,yM neger
Finance Director
I'
MEETING DATE: NOVEMBER3, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY OF TUSTIN
FROM: CITY ATTORNEY
SUBJECT: CLAIM OF ANNE TUNG; CLAIM NO. 03-33
SUMMARY:
This is a claim for property damage and personal injuries in excess of $1,104,599.75.
The claimant's vehicle was struck by another vehicle that crossed into southbound
Jamboree. Claimant contends that the cause of the incident was a defect in the design
of the roadway, "including but not limited to, the failure to provide a median on
Jamboree Road which would aid in inhibiting vehicles from crossing over and hitting on-
coming traffic head-on." The police report indicates that the person causing the
accident was traveling at approximately 60 miles per hour in the rain and he felt his car
start to spin. He applied his brakes and tried to steer but he lost control. The person
causing the accident was cited for violation of California Vehicle Code Section 22350
"unsafe speed for conditions". There is no indication of a dangerous condition of public
property, and therefore no apparent liability for the City of Tustin.
RECOMMENDATION:
After investigation and review by this office and the City's Claims Administrator, it is
recommended that the City Council deny the claim and direct the City Clerk to send
notice thereof to the claimant and the claimant's attorneys.
ATTACHMENT:
Copy of Claim
LOIS E. JEFFREY(.)
cc: William A. Huston, City Manager
176260.!
( ~ Office of the City Clerk
....... ' City of Tustin
October 14, 2003 300 Centennial Way
Tustln, CA 92780
Alex Barrios 714.573.3026
Ward North America, Inc. FAX 714.832.0825
P.O. Box 2422
Tustin, CA 92781-2422
Re: Transmittal of Document(s)
Claimant :Anne an Yi Tung
City Claim No: 03-33
Filed With City: 10/14/03
X Receipt of Claim/Summons/Complaint
By: Personal Service
The enclosed records were presented to this office as indicated above and have been
referred to the appropriate City department for investigation and also to the offices of
Woodruff, Spradiin and Smart, At'tn: Lois E. Jeffrey, City Attorney. By this letter, you are
authorized to commence the necessary investigation of this claim on behalf of the City.
We request that you give such notices as may be appropriate to the City's insurance
carrier(s) and further request that you submit your preliminary and all subsequent reports
to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so
request. Upon receipt of advice from the City Attorney, we will plan to present this matter
to the City Council and/or take such other steps as are directed by the City Attorney.
A copy of this letter and enclosures were sent on October 14, 2003 to the City Attorney
and Department Head, and the odgina{ was forwarded to the Finance Department.
Sincerely,
Marcia Brown
City Clerk's Office
E~d~sums: (as at~,~}
C: City Attorney
Department
Finance Department (orig copies)
ORIGINAL
1 Albert S. Israel, Esq. (SBN 071320)
FIELDS & ISRAEL LLP
2 111 West Ocean Boulevard, 23'~ Floor
P.O. 'Box 22701
3 Long Beach, CA 90801-5701
Tel. No. (562) 432-5111
4 Fax No. (562) 432-6333
5 Attorneys for C!~,nant
ANNE AN YI TUNG
6
7
8
9 CLAIM OF ANNE AN YI TUNG: ) No.
)
10 Anne an Yi Tung, )
)
11 Claimant, ) CLAIM FOR MONEY OR DAMAGES FOR
v. ) PERSONAL IN/URIES
12 ) (Govt. Code Section 910)
City of Tustin, )
13 )
Respondent. )
14 )
)
~ )
)
16
17 TO THE CITY OF TUSTrN:
18 You are hereby notified that ANNE AN YI TUNG, whose address is
19 claims damages from the City of Tustin.
20 This claim is based on personal injuries sustained by Claimant on or about April
21 14, 2003, in the City of Tustin, under the following circumstances:
22 Claimant, ANNE AN YI TUNG, was operating a 2003 Lexus R.X 300 traveling
23 in a southerly direction on Jamboree Road in the #2 lane. At that same point in time, a 2002
24 Acura 3.2 TI. operated by Patrick Ivan Ying, was proceeding in a northerly direction on
25 Jamboree Road in the #2 lane. Mr. Ying's vehicle crossed into southbound Jamboree where a
26 collision with Claimant's veM¢le occurred. Claimant received serious injuries as a result of the
27 incident. It is the contention of the Claimant that a cause or'the incident was a defec! in design of
28 tho roadway, including but not limited to, the failure to provide a median on Jamboree Road
CLAIM FOR MONEY OR DJMAG~? FOR PERSONAL INJURIES Page I
OCT- ld-2~0-~ 11:55
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OFFICIIL COPY
~w ~ ~ TO 6~ DUPLIC~TEO, COPIED
~ '.-~Cy o~oept as provided ~ law
w::hout the
- IJURED IWITNE~$E$ I PASSENGERS
~ q~i5 CARS Plge 3 ~ ~810PI ~2 ....
~ ~003 i 351[ 3022 918 03-27
E~NT OF I~URY['X' ONE) INJURED W~ {'X' ONE)
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1 which would aid in inhibiQng vehicles from crossin§ over and hitting on.coming traffic head on.
2 See attached police report.
3 The injuries sustained by Claimant, as far as known, as of the date of presentation
4 of this clairo, consist ofroultiple traumas to her body, incl,dlng a fractured right ankle, surgeries,
$ erootional and mental dislrcss. See attached medical records.
6 The amount of damages claimed, as of the date of presentation of this claim
7 exceeds $1,000,000.00 and is within the unlimited jurisdiction of the California Superior Court.
8
9 Expenses for Medical and Hospital Care and $79,599.75 approximately to
Rehabilitation Care date, amount of future roedical
10 expenses unknown at
this time
11
Loss of Earnings, Present and Future Earning Capacity $25,000 to date, future subjeot to
12 expert testimony
13 General Damages Estimated - $1,000,000.00
14 Total Damages Incurred to Date Estimated - $1,104,599.75 +
16 All notices or other communications with regard to this claim should be sent to
17 Claimant's counsel, Albert S. Israel, Esq., Fields& Israel LLP, 111 West Ocean Boulevard, 23'~
18 Floor, P.O. Box 22701, Long Beach, California 90801-5701; telephone number (562) 432-5111,
19 facsimile number (562) 432-5333.
20 I hereby certify under penalty of perjury that the facts hereinabove set forth are
21 ~ue and correct to the best of my knowledge.
25 Datexl: October 9, 200~ By Albert S. I~rael,
24 ~.t£omeys for Clai. mmt
25
26
27
28
¢I.~41M FOR MOH£F OR D.~]vMO£$ FO~ P£R$ON.~L [NJffRI£$ Poge 2
~TA~ O~
NARRATIVE/SUP, PL,EMENTAL PAGE S OF 7
DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. ~UMBER ' '
04/14/2003 1351 3022 918 03-2787
1
'2_ NOTIFICATION: I was dispatched to an injury traffic collision at 1353 hours, I responded with out
3 lights and siren and I arrived at 1400 hours. AJI times, speeds, and measurements in this report
4 are approximate, Measurements were taken by laser, except where otherwise indicated.
5
6 SCENE: See diagram.
7
8 PHY. SlC..AL EVIDENCE: See diagram.
9
10 ?.AR, TIES:
11
12 On my arrival, I found P-1 (Ying) lying on the road, at the WCL of Jamboree RD, just S/O V-2. P-1
13 was ID'D by his valid CDL.
14
15 I found P-2 (Tung) sitting in the driver seat of V-2, at its AOR. P-2 was ID'D by her valld CDL.
16
17 I found P-3 (Stumpfl) standing at the WCL of Jamboree RD, Next to V-3, at its AOR. P-3 was ID'D
18 by his valid CDL,
19
20 STATEMENTS:
21
22 I interviewed P-1 at Western Medical Center. P.1 said he was driving N/B on Jamboree Rd, at
23 aprrox. 60 MPH, in the rain, in the #2 lane. P-1 said he felt his car start to spin. P-1 applied his
24 brakes and tried to steer the car, but he lost control. P-1 said his car began to spin and he
25 crossed over the center divider. P-1 was almost stopped in the S/B lanes of Jamboree Rd, when
OFFICIAL COPY
26 P-2 collided with him. NOTTO SE DUPUCATED, COPIED
or FURNISHED to m'ty other per,JOt} or
27 agency except as provided by law
wilhout the expre.,qs permission
Ti,st;ri POI;ct-· Oe~.":t"~f'~' -' ' * ' "
l.,~:. ~: , ,:'. '.,,..'...,~ -:,. , ,,.
PREpAREo BY I.O. NUMS£R DATE REVJEWER*$ NAME DATE
J. THORNTON 918 04/14/2003
STATE OF CALIFORNIA
~'~ '""'"""~T'~tEISUPPLEMENTAL PAGE 6 OF 7 ....
DATE OF INCIDENT TIME NCIC NUMB~I~ ' OFFICERI,D. NUMBER
04/1412003 1351 3022 918 03-2787
1 I interviewed P-2 atWestern Medical Center. P-2 said she was driving S/B on Jamboree Rd, In
2 the #2 lane, at approx. 50 MPH, in a pack of traffic. P-2 said she first saw P-l, as he was spinning
3 and crossing over the center divider, towards her. P-2 attempted to apply her brakes but did not
4 know if she was able to slow before colliding with P-1.
5
6 P-3 was interview at the scene by Dfc Casiello. See attached supplemental report by Dfc.
7 Casiello.
8
9
10 AREA OF IMPACT:
11
12 #1 794' N/O pole #2061551E
13 @ ECL of raised center divider. (V-l/curb)
14
15 #2 39' ElD WCL Jamboree Rd.
16 1004' N/O pole #2061551E (V.I! V-2)
17
18 ~3 1006' N/O pole #2061551E
19 ~ WCL Jamboree Rd. (V-3/curb)
20
21 ~4 944' N/O pole#2061551E
22 3' W/O WCL Jamboree Rd. (V-31 sign)
23
24 Measurements were taken frqm power pole ~2.061551 E, located on the Warner Av. off ramp, at
25 Jamboree Rd.
26 Area of impact was determined by statements, debris and the AOR of
NOT TO BE DUPLICATED, COPIED
27 or FURNISHED tO ar~y other person or
28 OPINIONS AND CONCLUSIONS:,.'~)e'c~. *,.'.er~: -*~ ~,~,'.",~ '~v... I~'.',,.
pRI~pARED BY LD. NUMBER DATE REVIEWER'S NAME DATE
J. THORNTON 918 04114/2003
STATE OF CALI~OP. NIA
,NARRATIVE/SUPPLE,MEN,,TAL PAGE '/ pF 7
DATE OF INCIDENT TIME ' NCIC NUMBER" OFFICER I.D. NUMBER
04/14/2003 1351 3022 918 03-2787
1
'2 SUMMARY:
3
4 P-I was N/B on Jamboree Rd. P-2 was S/B on Jamboree Rd. P-1 lost control of his vehicle and
5 crossed the center divider. P-2 broad sided P-I, who was stopping in the S/B lanes. P-3 was S/B
6 on Jamboree Rd, behind P-2. P-3 drove over the west curb, and collided with a sign, while
7 attempting to avoid colliding with V-1 and V-2.
8
9 CAUSE:
10
11 Based on my observation of the scene, coupled with the involved party and witness statements, I
12 believe this collision was caused by P.-1 in violation of:
13
14 crc- 22350- UNSAFE SPEED FOR CONDITIONS.
15
16 Per CVC 40600, P-I was issued citation #T3'15051 for violation of:
17 CVC 22350 - UNSAFE SPEED FOR CONDITIONS.
18
19 ,R.,ECOMMENDA?IONS:
20 Review by traffic supervisor.
OFFICIAL COPY
NOT TO BE OUPUGATED, COPIED
or FURNISHED to ~ny ot~er per=on or
agency except ~ provided by law
withDul the eXpreSS permi.e¥~''' nr '"~
Tustlrt Police
pREpARED BY I.D. NUMBER DATE REVIEWER'S NAME DATE
J. THORNTON 918 04/14/2003 ...
TUSTIN POLI~E DEPARTMENT
TRAFFIC COLLISION
SUPPLMENTAL REPORT
03-2787
~ told me he was in the #3 lane S/B on Jamboree Rd. P-2 was in tho #2 lane
just ahead of P~3. P-3 said he saw P-lcross over the center divldcr from N/B ~Iamboree
Rd. into the S/B lanes. P-3 moved to thc right shoulder as P-! and P-2 collided. In
avoiding P-I and P-2, P-3 hit the curb and street sign on the shoulder.
~told me he was in thc #1 lane S/B on Jamboree Rd. just ahead of P-2. W-1
said he saw P-I cross over thc center divider and collide with P-2.
Casiello #725 .~~/.?.~
OFFICIAL COPY
NOT TO [BE DUPLICATED, COPIED
or FURNISHED to any other Demon or
DATE OF ADMISSION: 04/14/03
DAT~ OF DISCHARGE: 04/18/03
ADMISSION DIAGNOSES:
1. STATUS POST MOTOR VEHICLE ACCIDENT, HEAD-ON, HIGH SPEED, HEAVY
DAMAGE REQUIRING'EXTRICATION.
2. BLUNT C~EST TRAUMA WITH STERNAL TENDERNESS BUT NO EVIDENCE OF
FRACTURE OR CARDIAC CONTUSION.
3. TWO RIGHT-SIDED RIB FRACTURES, FOURTH AND FIFTH RIBS, WITH NO
UNDERLYING PNEUMOTHORAX OR HEMOTHORAX.
4. BLUNT ABDOMINAJ~ TRAUMA MECHANISM WITH S~AT BELT ABRASION, CT
SCAN OF T~E ABDOMEN SHOWING EXTENSIVE LOWER ABDOMINAL WALL
HEMATOMA, CONTUSIONS, SOFT TISSUE HEMATOMA CONTUSION.
5. ~TRIMALLEOLAR RIGHT ANKLE FRACTURE'.
6. A 2 CM RIGHT KNEE LACEPJkTION, STATUS POST REPAIR.
DISCHARGE DIAGNOSES:
1. STATUS POST MOTOR VEHICLE ACCIDENT, HEAD-ON, HIGH SPEED, HEAVY
DAMAGE REQUIRING EXTRICATION.
2. BLUNT C~EST TRAUMA WITH STERNAL TENDERNESS BUT NO EVIDENCE OF
FRACTURE OR CARDIAC CONTUSION.
FOUR HIGHT-SIDED RIB FRACTURES, RIBS #5, 6, 7 AND 8, WITH NO
UNDERLYING PNEUMOTHORA~ OR HEMOTHOP, AX.
4. MULTIPLE ABDOMINAL TRAUMA.WITH SEAT BELT ABRASION, CT SCAN AND
PHYSICAL EXAMINATION REVEALING EXTENSIVE LOWER ABDOMINAL SOFT
TISSUE HEMATOMA, CONTUSION INTO SUBCUTANEOUS TISSUES AND
ABDOMINAL WALL MUSCULATURE.
$. TRIMALLEOLAR RIGHT ANKLE FRACTURE.
6. A 2 CM RIGHT KNEE LACERATION, STATUS POST REPAIR.
7. ACUT~ BLOOD LOSS ANEMIA.
HISTORY OF PRESENT ILLNESS:
Please refer to the dictated history and physical on the chart.
Briefly, however, this is a 4S-year-old woman involved in a head-on
h~gh-speed motor vehicle accident with heavy damage to her car
requiring extrication. She was brought in as a moderate trauma and
found to have the injuries noted above.
PHYSICAL EXAMINATION:
The patient was awake and alert on arrival complaining of left hip
and right ankle pain. Her vital signs were stable. Her examination
was significant for left shoulder contusion from the seat belt,
sternal pain and tenderness with no instability, normal sinus
rhythm. Abdominal examination showed tenderness over the left lower
quadrant and extensive bruising over the left hip, anterior-superior
iliac spine area continuing on to the left thigh and up to the left
lower abdominal wall. There was an obvious closed right ankle
deformity and a 2 cm laceration over the patellar area on the right.
WESTERN MEDICAL CENTER/SANTA ANA TUNG. ANNE
SANTA ANA. CALIFORNIA
1-61 36 75 RNI
HUMItERTO SAURI, M.D.
DIAGNOSTIC STUDIES:
Diagnostic studies obtained include a chest x-ray, cervical spine
series, AP pelvis and right ankle x-ray as well as left forearm
x-ray, which wa~ negative. CT scans obtained included a CT scan of
the chest, abdomen, pelvis. Additional studies included a 12-lead
EKG, which showed normal sinus rhythm, cardiac isoenzymes which were
essentially normal with respect to cardiac contusion. An Orthopedic.
consultation was obtained with Dr. David Denenny for the ankle
fracture and she was admitted to the ward for further management and
hospitalization.
HOSPITAL COURSE:
The patient was able to be seen by Dr. Denenny soon after admission.
She remained stable. She was cleared for the OR later that evening
and was taken for ORIF of supramalleolar fracture, comminuted, and
lateral malleolus {fibula) fracture. Procedure included ORIF, right
fibula, ORIF, right distal tibia supramalleolar fracture with clover
leaf plate.
Postoperatively, the patient was kept on Ancef IV antibiotics was
analgesics. She was followed closely for signs of bleeding and, in
fact, h~r hemoglobin and kematocrit did trend downwards likely a
combination of blood loss from the OR as well as the. extent of
bleeding into the soft tissues and muscles of the lower abdominal
wall due to the lower abdominal wall and hip area contusions.
On postoperative day #1, she was begun to be mobilized with physical
therapy and started on a clear liquid diet. On pos~operative day
#2, she had complaints of right ankle, left flank and right rib
pain. Vital signs remained stable and she appeared in better
spirits. White count was 12.0, hemoglobin was 7.6, hematocrit 22.1.
Final report of the CT scan of the chest showed right 5th, 6th, 7th
and S~h rib fractures. She was felt to be stable. She was
continued on narcotic analgesics. Toradol was added to minimize
nausea. She was placed on iron and venofer iv was added for acute
blood loss anemia.
By postoperative day #3, she was able to be up with physical therapy
with a walker ambulating 40 feet. The bruising on the left hip and
lower abdominal area was stable. Her right ankle was in a
cast/splint. Toes were warm. Sensation was intact. White count
was down to 11. Hemoglobin and hematocrit remained low at 7.3 and
21.5.
By 04/18/03, postoperative day #4, she remained afebrile. Vital
signs stable, heart rate in the 90s. She was tolerating 7S% of
diet. Hemoglobin and hematocrit were 7.1 and 21.9. She was awake
WF. STERN MEDICAL CENTER/SANTA ANA TUNG, ANNE
SANTA ANA. CALIFORNIA 1-61 36 75 RM
HUMBERTO SAURI, M.D.
and alert. The bruising on the left hip area and lower abdominal
wall was stable, not enlarging. Her right ankle was stable in a
cast splint. She was mobilizing with PT. She was felt to be,
otherwise, stable and ready for discharge home with home PT and home
nursing evaluation, discharged home with a front-wheel walker and
wheelchair.
DISCHARGE M~DICATIONS:
Discharge prescriptions include Vicodin Extra Strength for pain,
iron and Colace.
DISCHARGE INSTRUCTIONS:
To follow up with Dr. Denenny next week, follow up with Dr. Sauri
next week.
HUMBERTO SAURI, M.D.
HS:TL000' 113198-4
D: 04/18/03 13:04
T: 04/18/03 13:24
cc: D~VID M. DENENNY, M.D.
HUMBERTO SAURI, M.D.
WESTERN MEDICAL CENTER/SANTA ANA TUNG, ANNE
SANTA ANA. CAt.IFORNIA 1-6I 36 75 RM
HUMBERTO SAURI, M.D.
TOTAL P. 16