HomeMy WebLinkAbout05 CLAIM #03-27 11-17-03AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
MEETING DATE: NOVEMBER 17, 2003
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
CITY ATTORNEY
SUBJECT:
CONSIDERATION OF CLAIM OF CHERYL ANDERSON; CLAIM NO. 03-27
SUMMARY:
Claimant alleges that a City truck that paints the white lines on street pavement dropped
a hose while driving down the road and white paint sprayed the front of her vehicle. The
claimant alleges that she was at Tustin Ranch Road and the Santa Ana Freeway on the
ramp going south when the incident occurred, it's not clear that the incident actually
occurred on a City of Tustin roadway. The City contracts with J&S Sign Company to
perform roadways striping and pavement marking services, but they were not in the
area of the incident and did not have any equipment problems on that date. The
claimant is claiming approximately $350.00 in property damage.
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 the Claim
LOIS E. JEFFREY'' r , '-
LEJ/blw
Enclosures
cc: William A. Huston, City Manager
1770~1.!
Office of the City Clerk
August 25, 2003
Alex Bardos
Ward North America, Inc.
P.O. Box 2422
Tustin, CA 92781-2422
City of Tustin
300 Centennial Way
Tustin, CA 92780
714.573.3026
FAX 714.832.0825
Re:
Transmittal of Document(s)
Claimant :Cheryl L. Anderson
City Claim No: 03-27
Filed With City: 8/25/03
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, Spradlin and Smart, Attn: 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
carder(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 August 25, 2003 to the City Attorney
and Department Head, and the original was forwarded to the Finance Department.
Sincerely,
Marcia Brown
City Clerk's Office
Enclosures: (as above)
C: City Attorney
Department
Finance Department (orig copies)
CITY OF TUSTIN '
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within six (6J
months after 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 information by
paragraph number. Completed claims must be mailed or delivered to.the City Clerk, City of Tustin, 300
Centennial Way, Tustin, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Mayor and City Council, City of Tustin, California:
The undersigned respectfully submits the following claim and information relative to damage to persOn
and/or property:
1. a. NameofC,a,mant: f
b. Address of Claimant: /-~ ~
d.. Telephone Number: "~/,¢/'- /~/-
e. Date of Birth: _ ,~.~_,~,,,
f. Social Security Number: /
g. D_river License Number:
Name, telephone, a_nd post qffice, address to v~hich claimant desires notices to be sent (if other than
This claim is submitted against:
a. /rd 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:
Occurrence or.event fcom which the claim arises: '
a. Date: .~.~(. //~. o~ 42 ~)~1,' ' '
b. Time: c/".~4/5 4._/~,
d. How and under ~at ~ircumsCan~s di~ d~mage or injuw Occur Speci~ the pa~icular
occu~ence, event, a~ or omission you claim caused the Jnju~ or damage (use additional
Give a description of the injury, property damage or loss so far known at the time of this claim. If
)ere were no iniuries, state "no injuries". . . / '
Gi~e the name(s) of the ~ity empJ~yee(~) qausing the damage or inju~:~ _ ~
' i 7 -' r -
Name and address of any other person.injured:
o
Damages Claimed:._
a. Amount claimed as of this date:
b. Estimated amount of future costs:
c. Total amount claimed:
d. Attach basis for computation of amounts claimed (include
estimates, etc.)
copies of all bills, invoices,
10. Names and addresses of all witnesses, hospitals, doctors, etc.
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FAL.~E dLAIM
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim, and I know the same to be true 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.
Claimant's Signature:
Executed this day of ,20 ~
Date filed this day of , 20
2:CLAIM (1/00)
)
ZMAGE AUTO DETAZLIN6
]100 W. TOWN & COUNTRY ROAD SUZTE B-2
OR:ANSI= , CA 92868
~nvoJce
7/29/2003 . 537
Bill To
CHERYL ANDERSON
P.O. No. Ten~s P~ject
Due on ~eceip?
~mti~ Des~tion ~ A~t
OV~5~AY REMOVAL
350.~ 350.~