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Home My WebLink About09 CLAIM #04-01 02-02-04AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director N/A MEETING DATE: FEBRUARY 2, 2004 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS Of THE CITY COUNCIL CITY ATTORNEY CONSIDERATION OF CLAIM OF KATHRYN HUG; CLAIM NO. 04-01 SUMMARY: Claimant alleges $707.27 in damages to her vehicle because of a steel water cap that was left in the middle of the right lane of Jamboree Road, between Patriot Way and Pioneer Road. She stated that Caliagua Inc., Engineering was doing road construction in the area for the Irvine Ranch Water District. The City's investigation reveals no liability on the part of the City of Tustin. The steel water cap that allegedly caused the damage to the claimant's vehicle is the property and responsibility of the Irvine Ranch Water District. This information has been provided to the claimant. 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 LEJ/blw Enclosures cc: William A. Huston, City Manager WARD STRATEGIC CLAIMS SOLUTIONS January 20, 2004 WOODRUFi:, 8PRADLIN & SMART Woodruff, Spradlin & Smart 701 S. Parker Street Suite #8000 Orange, CA 92868 Attn: Lois Jeffrey, City Attorney Principal : City of Tustin Claimant : Kathryn Hug Date of Event: December 10, 2003 Ree'd By City: January 14, 2004 Our File No. : 6561 083 A00205 City Claim No.: 04-01 We have reviewed the above referenced claim and request that you take the action indicated below: · CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the rejection letter. If you have any questions, please contact the undersigned. Very truly yours, WARD NORTH AMERICA (714) 544-0980 Ext. 144 kswaim~wardclaims.com CC: Ronald Nault, Director of Finance City of Tustin WARD NORTH AMERICA, INC. P.O. Box 2422, Tustin, CA 92780-2422 - TEL: (714) 544-0980 , FAX: (714) 544-1979 WARD STRATEGIC CLAIMS SOLUTIONS PRBLIMINARY REPORT January 20, 2004 RECEIVED JAN 2 2 2004 WOODRUFF, SPRADLIN 8, SMART Woodruff, Spradlin & Smart 701 S. Parker Street Suite # 8000 Orange, CA 92868 Attn: Lois Jeffrey, City Attorney FILE NO.: 6561 083 A00205 CLAIMANT: Kathryn Hug DATE OF EVENT: December 10, 2003 PRINCIPAL: City of Tustin CITY CLAIM NO: 04-01 FILING DATE: January 14, 2004 RECOMMENDED ACTION ON CLAIM: We have recommended under separate cover that the City send a standard rejection letter to the claimant. FACTS: Claimant stated that a steel water cap was left in the middle of the right lane of Jamboree Rd between Patriot Way and Pioneer Rd. and as a result of running it over she damaged her vehicle. Claimant stated that Caliagua Inc. Engineering was doing road construction in the area for the Irvine Ranch Water District. POSSIBLE CO-DEFENDANTS: None known at this time EVALUATION: Our investigation reveals no liability on the City of Tustin. The steel water cap that allegedly caused the damage to the claimant's vehicle is the property and responsibility of the Irvine Ranch Water District. .RESERVES: $1,000.00 TYPE OF CLAIM: GPD COMMENT/WORK TO BE COMPLETED: A letter has been sent to the City recommending that a standard rejection letter be sent to the claimant. Our file will remain open 60 days from the date of the City's rejection letter to the claimant. WARD NORTH AMERICA, INC. P.O. Box 2422, Tustin, CA 92780-2422 - TEL: (714) 544-0980 , FAX: (714) 544-1979 Very truly yours, WARD NORTH AMERICA, INC (714) 544-0980 Ext. 144 Email: kswaim~wardclaims.com Cc: Ronald Nault, Finance Director City of Tustin WARD STRATEGIC CLAIMS SOLUTIONS January 20, 2004 Kathryn Hug _..~.j 92887. Re: Our Principal City Claim Date of Event : City of Tustin : 6561 083 A00205 : December 10, 2003 Dear Ms. Hug: Ward North America, Inc. is thc claims administrator for the City of Tustin whose representatives have referred your claim to us for handling and investigation. Our investigation has revealed no liability on the City of Tustin. The steel water covering is the property and responsibility of the Irvine Ranch Water District. Therefore, you will be receiving shortly in the mail a formal letter of denial from the City of Tustin. Very truly yours, WARD NORTH AMERICA, INC. (714) 544-0980 Ext. 144 Email: kswaim~wardclaims.¢om Cc: Lois Jeffrey, City Attorney Woodruff, Spradlin & Smart Ronald Nault, Finance Director City of Tustin WARD NORTH AMERICA, INC. P.O. Box 2422, Tustin, CA 92780-2422 - TEL: (714) 544-0980 · FAX: (714) 544-1979 Office of the City Clerk January 14, 2004 Alex Barrios Ward North Amedca, 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 : Kathryn Hug City Claim No: 04-01 Filed With City: 01/14/04 X Receipt of Claim/Summons/Complaint By: Personal Delivery 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 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 wi{l 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 January 14, 2004 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, Linda Davider City Clerk's Office Enclosures: (as above) C: City Attorney Department Finance Department (orig copies) CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Va: Time Stamp: [] U,S. Mail [] inter-Office Mail [] Over the Counter Claim No: A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on .his/her behalf and shall provide the information shown below. Be sure your claim is against the City of Tustin, not anolher public entity. Completed claims must be presented tc the City of Tustin, City Clerk's Office, 31)0 Centennial Way, Tustin, California 92780. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. Name and Post Office address of the Claimant: Name of Claimant: ~--~-~'~ ~ ,~.,~. Post Office address lo which the person presenting the claim desires notices to be sent: NameofAddressee: .~3chfl~VI }.~0k Telephone: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occun'ence: I ~ Il0 10 ~ Time of Occurrence: ~-~q,L;{- ~: j 5 ~r~7 CircumStancesgivin~ris~t°thisclaim: ~ -~,~.~. ,t~r~.¥P~r ~ ~ I~P¢ '~ ~h~ General description of the indebtedness, oblige!ion, injury, damage or loss incurred so far as you now know. The name or names of the public employee or employees causing the injury, damage, or loss, if known. If amount claimed totals leas than $10,000: Provide the amounl claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any related potenlial future injury, damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basLs for compulatfon: ~-u~¢~.[c'~trn¢ /t~lrJ h;I ~%~[~: If amount claimed ex~eds $10,000: If ~e amount claimed ~ceeds len thousand dollars {$10,000), provue a dollar a~unt in ~e claim. H~ever, your claim must indi~te whether it would ~ a limited civil ~se. A limited civil ~se is one whom the m~v~ ~ught, exclusive of attorney fees, interest and ~uH ~sts, does not exc~d $25,~0. An unlimited dvil ~se is one in which the mcove~ sought is more than $25,0~. (See CCP S6.) ~ Limit~ Civil Case ~ Unlimited Civil Case You are required to provide the in~atlon requested above In order to comply with Government Code {910. Additionally, in order to conduM a ti~ly inveatigaaon and possible resolution of your claim, the Ci~ of~ mques~ that you answer the fei ~lng quest o~. Name, address and telephone number of any wilnesses to the occurrence or transaction fi-om which the claim arises: if lh~ olmim involves m~ioml number of ~n~ do~o~ or hespil~l~ p~v~ing Ire~lm~nt: If appficabla, please attach any medical bills or reports or similar documents supporting your claim. the claim relates to an automobile accident: Claimant(s) Auto Ins. Co..'~0,~, ~¢,y~ /'I~UYUZL~ ~u'~m~t);I ~, ~,,. Telephone: . . "~C~ Insurance Broker/Agent: ~.~./ Address'. C~.q /~Yw~'~ Claimant's Veh. Lic. No.: Claimant's Drivers Lic. NO.: Telephone: Vehicle Make/Year: Expiration; 03- I I-OG'- If applicable, please attach any repair bills, estimates or sim#ar documents supporting your claim. Page 2 of 3 ) READ CAREFULLY For all accident claims, place on following diagram name of- streets, including North, East, South, and West; indicate place of accident by "X' and by showing house numbers or distances to street corners. If City/Agency Vehicle was involved, designate by latter 'A" location of City/Agency Vehicle when yOu first saw it, and by 'R" location of yourself or your vehicle when you flint saw City/Agency Vehicle; location of City/Agency vehicte at titne of accident by 'A-1" and location of yourself or your vehicle at the time of the accident by 'B-l" and the point of impact by 'X.' NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant, CURB SIDEWALK CURB Warning: Presen~tion of a false claim is a felony (Penal Code §72). Pursuant to CCP {}1038, the City/Agency may seek to recover all costs of defense in the event an action is fi]ed which is later determined not to have been brought in good faith and with reasonable cause. Revised 11-18-03 Page 3 of 3 PowerO Ford Tust' #2 AUTO CENTER DR. TUSTIN, CA 92782 (714) 832-3300 CUSTa~e~ ~O. 18 ;AMMY GALLO 997105 0354 [2/1,2/0.3 ...... FO¢S85933 KATHRYNN HUGI t 120,825 / 12/11/03 B.A,R, ~AG12~9 ,~ ~ TOTAL $. 0. G .... 0.00 '1 acknowle~a notloe ~d omi ap~v~ Of : [ ] V[~ ER~" [ ] D[SC0._._ * TOTAL H[SC CHG. 0.00 e~ In ~e orlgl~l ~flmat~ ~e." · · * TOT~ H[~ D[~ 0,00 · '[ ] ~ER XP~ [ ~ 0~ER ~ ] C~E * TOT~'T~...'... 23.~ ~ p~ IN~AL~D ~E NEW O~?~ , : ~' . .. SPECIFIED OTHE~IS~ ALL N~ · . . ~GEM~ PA~ ~D ~R HA~ A LIM~ WAR~ FOR 1~ Mi~ OR , . · '. ~ STORE HOURS ~ - UON.-FRI.: 7:00 A.U. TO 6:00 ; g~L SA~RDAY: 8:00 A.M. TO 5:00 EM. ON BEHA~ OF ~E~ICING D~E~ I ~ ~" H~EBY C~T,~ ~T ~E INfO. ON ' · ~ CONTAINED HEREON IS ACCUSe, UNLESS O~E~ISE SHOWN, SE~I~S . DESCRIBED ~RE PERFORMED AT NO ' CO~ TO O~ER, ~ERE WAS NO INDICA- ~ON FROM THE ~P~CE OF ~E VEHiC~ OR O~E~ISE, ~T ~Y P~ REPNRED OR REP~CED UNDER C~M H~ SEEN CONNE~D IN ~Y WAY WI~ ~Y A~IDE~ NEGLIGE~ OR MISUSE, RECORDS SUPPING THIS C~IM ~E AVAI~ FOR (1) Y~R FROM ~E DA~ OF PAYMENT NOTIFICA~ON AT THE ~VIClNG D~R FOR ~N~EC~N BY REPRESE~ATI~ OF FORD, X DATE: - PAGE 2 bF 2 CU~ER ~PY [ END OF INVOICE ] 11:24~ PowerO. Ford Tustim #2 AUTO CENTER DR. TUSTIN, CA 92782 (714) 832-3300 SAMMY GALLO 997~ 354 12/12/03 FOCS85933 KATHRYNN HUG ~20,825 / 98/FORD/ESCORT/2 D~R HATCHBACK :' CU~ 'STATES 0IL ~ ' :~E 01L P~ 0IL FIL%R: .~ ~IAT~ ~ ' .... Incm~ ~ the oflglnale~imatedprlce." P~ .... : -Q~:'-- FP-NU~ER .............. :0ES~I~I~ .................... UNIT PRICE- (signature ~ in,als) - -1' F~Z-6675-~ . . P~ ~.99787~ ~.55 .48.55 1 35182 ~IATO ' 234.981 . ' FL:2005 · F~L~R 997~0 ..: ~34.98 380.00 ~L PAR~ INST~I N~ UN~ . *~TS ': 303.73 SPECIFI~ OTHER~SE. ~L N~ RE- Q~LI~ ~ SERVICE VEHIC~ INSPECTI~ " ' PERF~ED E~L ~ UN~' H~ INSPECI~N .COMP~D ~ICLE INSPECI~ ESTI~ ............................................................... L ........... SA~RDAY: 8:00 A.M. TO 6:~ CUST~ER HE.BY ~ES RECEIVING ON BEHALF OF SER~GING D~ER, ~IGI~ ESTI~A 0F $900,00 (+T~) ~ HEREBYCERTI~T~EINFOR~ C0~ ................. ...................................... ' ..................... ~AmNED HEREDN 18 A~U~TE ~EO ~ TI~S UN~ OTHERWISE SHOWN, ~D AZR FILER ' ' " '- - · DESCRIBED WERE PERFORMED Ar NO · · : ~ TO O~E~ ~ERE WAS NO INDIOA- . ' ~N FROU THE ~P~OE OF . · VEHIO~ OR O~E~BE, ~AT ANY P~ REPAIRED OR REP~CED UNDER ~1~ C~M ~ BEEN ~NNE~ED mN ANY ~AY Wl~ ~Y A~IDE~ NEGLmG~oE OR MIdgE. RECOR~ 8UP~R~NG ' C~M ~E AVAI~LE FOR (1) Y~ FR~ ' . ' . : THE OA~ OF PAYME~ NO~FICATION AT · - : ~E 8~V~ING D~R FOR INBPE~ · . · BY REPRESE~A~VE ~ F~D. X DATE: PAGE l OF 2 CU~OUER OO~ [OO~INUED ~ N~ PAGQ I l:24am ~ ~< uJ C3 *~/' ) B&D AUTOMOT, ~E ~i 1800 EAST MAIN ! BARSTOW~ CA 92311 ~ ~,,34 ;.~ 760-256.-6408 s~v~u: ~ GREGORY HUG ~.~R. #~e210633 =~<~S,', : ZX2 ': ... ~ : 19G~FordEscortZx22DCoupe ~.r ( ~ : : ., MLE$ : 000,000 ; r=te: 12rzv2om. ;x~ Date: 12r~0~ INVOICE NUMBER 3079 3xu~ r=~E: 1 ~P~ ~.~ I~ ~u~ J 1 ~.~ ~.~ ' II ~u~ ~,~T~ I~ [ ~2,~ 12.~ / II I ' II II ~ : T~ ~ ~ ~ ~ SU~T~ 1~.~ ~ T~ 7.91 T~ 1 ~.~ Estimates Record ACCEPTANCE SIGNATURE -- __. ~. ~ =~ -= = --~--.~.=======_=~..:__-= === =_-_~__==_~_=- =_-~....= === = -== ==~ __= DATE ~ PI-[ON~ APPROVED BY TOTAL PARTs(add~ LABOR(add) INC~EA..~E CALLER REASON FOR E~'I14~TE INCREA'$E 12J2OX~ 1:23P G~a-3371 GREG/~y HUG 16~.96 1(7'2.05. 60.00 orlginar estimate ! authorize the above mpaim and necaseary rnatedais. Your employees may operate vehicle for inspection, testing, delivery at my dek. Yo*J w~l not be responsible for loss or damage to vehlole or Items left in vehicle in case of tim, Ihefl, accident or any o~ner cause beyond your contrail An express Mechanics Lain Is acknowle~,d o~' above vehicle to secure the amount of repairs 10:12 HUG B&D AUTOMOTIVE 1800 EAST MAIN BARSTOW, CA 92311 760-256-6408 B.A.R. #AE210633 SYMPTOM: ENGSIZE : 4 CLD YR/MAKE : 1998F0~IEsc0~TA220COUpB L~CENSE : PO~ : I~LES : 000,000 Date: 01/07/2004 Due Date: 01107/2004 INVOICE NUMBER 31'13 3xuv898 PAGE: 1 COMMENTS & DESCRIPTION OF CHARGES PRICE PARTS & LUBRICANTS USED QTY ~PRICE TOTAl - INSTALL 02 SENSOR 30.00 I~ 02 SENSOR 1 82,33 ~ 82.33 II I II I I1' I II '1 II II il II I il I CASH THANK YOU FOR YOUR BUSINESS LABOR 30.00 I SUBLET 0.00 I SHOP SUPPLIES : 0.00 PARTS 82.33 HAZ. DISPOSAL 0.00 SUB-TOTAL 112.33 SALES TAX 6.38 TOTAL 118.71 AMOUNT PAID 118.71 Estimates Record ACCEPTANCE SIGNATURE DATE TIME PHONE APPROVED BY TOTAL PARTS(add) LABOR(add) INCREASE CALLER REASON FOR ESTBVIATE INCREASE I authorize the above repairs and necessary materials. Your employees may operate vehicle for inspection, testing, delivery at my risk. You will not be responsible for loss or damage to vehicle or items left in vehicle in case of fire, theft, accident or any other cause beyond your controll. An express Mechanics Lain is acknowledged on above vehicle to secure the amount of repairs thereto. CITY OF TUSTIN RECEIPT OF CLAIM RECEI WOODRUFF, SPRADLIN 8, 8MAR'r Date: Time: By: Receipt of Claim/Summons and Complaint by the City Clerk's Office: ~.~ . ¢,,.,/Personal Service Upon the Undersigned Regular Mail Certified/Registered Mail '~i~y' ~'lerk~s Office