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Home My WebLink About04 CLAIM, C. SWINDLE 03-15-04 . AGENDA REPORT Agenda Item 4 Reviewed: £ City Manager Finance Director MEETING DATE: MARCH 15,2004 FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY TO: SUBJECT: CONSIDERATION OF CLAIM OF CLAUDIA SWINDLE; CLAIM NO. 04-02 SUMMARY: Claimant alleges property damage to her vehicle, which she sustained while parallel parking near Tustin Brewery. There was a Irvine Blvd. Construction Project sign with a large bolt attached to it that apparently scratched the claimants car. Radich Construction, Inc., a City contractor, was doing work along Irvine Blvd. and Newport Ave. at this time. This matter had been tendered to Radich Construction. 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 ~z~ LOIS E. JEFFREY LEJ/blw Enclosure cc: William A. Huston, City Manager 182601.1 ~ ~ Office of the City Clerk February 9, 2004 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 Alex Barrios Ward North America, Inc. P.O. Box 2422 Tustin, CA 92781-2422 Re: Transmittal of Document{s) Claimant: Claudia Swindle City Claim No: 04-02 Filed With City: 2/9/04 Receipt of Claim/Summons/Complaint L By: Regular Mail 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 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 February 9, 2004 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, "'yv\.. Q.A..u;. .~~. Marcia Brown City Clerk's Office Enclosures: (as above) C: City Attorney Department Finance Department (orig copies) November 7, 2003 RECEIVED NOV 1 7 2003 BY CITY CLERK'S OFFICE Maria Huizar City Clerk City of Tustin 300 Centennial Way Tustin CA 92780 RE: Claim for Personal Property Damage Dear Ms. Huizar: At approximately 6:00 p.m. on October 23, 2003 I was parallel parking my Chevrolet Tahoe on Newport Boulevard next to the Tustin Brewing Company. As I backed into the space the right rear panel of my vehicle hit a large bolt on a City construction sign placed on top of the curb. Since the sign was obviously placed too close to the curb I am submitting this claim for repairs to my vehicle. Enclosed are pictures and an estimate from Bodycraft Collision Center of Tustin. - If you have any questions please contact me at Sincerely, ¿-C'"'~(~ Claudia Swindle ¡¡Inlet> .p It Q,.1).f CJ.)Î'--¡~..{<- cctt¿:t.~hLC( r'-" , L I Cu 1'1/\ he tv\., 1..', \ --- -1 )"U~-HL-'4,-- JL/ì_tjlf--( ,_(1~ ,In -t{--l~;; h-u Thc.1..r- t: 07..(-- - ntÞ))(.( :)., 4. 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 (6) months after t~e 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 ofTustin, California: The undersigned respectfully submits the following claim and information relative to damage to person and/or property; . 1. a. Name of Claimant: ~uD\f\ 6VVINC>L-r- b. Address of Claimant: . 2. Name, telephone, and post office address to which claimant desires notices to be sent (if other than above): 3. This claim is submitted against: a. ~ The City.ofTustin only. b. - The following employee(s) of the City of Tustin only: c.- The City of Tustin and the following employee(s) of the City of Tustin only: Occurrence or event from which the claim arises: a. Date: 0<:.-1 2~ Oõ' b. Time: A-PPClcx lo'DO P. rtì. c. Place (Exact and Specific Location): l"\ï="wí'D!'<. ï /b'- vo. ~N ~EvJ\N~ LD . d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional ÑE':)(í Tn -n-I£ paper i~.necessary: ,~",nF\C\\EO ') e. 5. Give a description of the injury, property damage or loss so far known at the tim~ of this claim. If there were no injU~S, state "no injuries". ~o INJUJ<\E5 0\,,\1)10 C::, E.rJ c..Loo¡:., E.(J 6. Give the name(s) of the City employee(s) causing the damage or injury: N\A . 7. Name and address of any other person injured: N~ . Name and address of the owner of any damaged property: C-Ll=\vO\A ~W\NDLE Damages Claimed: a. Amount claimed as of this date: l.¿>2u. 1J14 b. Estimated amount offuture costs: LÞ2.lÞ. (D~ c. Total amount claimed: lD2.U.lf4 d. Attac . sis for computation of amounts claimed stimates, e .) (include copies of all bills, invoices, Names and addresses of all witnesses, hospitals, doctors, etc. E~ c :: ~~P~~\ ~ ~;<, 6(i~< C;;E~~ AvE) IT IS A CRIMINAL OFFENSE TO FILE A FALSE èLAIM (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: d .-:-~~ this ~ day of OC'.1'Oi'>Ek' , 20 ~. 10. WARNING: 2:CLAIM (1/00) Date filed this FE'ß1Z1J A IQ. '" 2.. ,20~. day of 10/29/2003 at 03:27 PM 70951 Job Number: FED.# BODYCRAFT COLLISION CENTER OF TUSTIN Federal 10 #:330899425 330899425 EPA,# 000191806 BAR.# AJ212767 28 Auto Center Drive Tustin, CA 92782 (714)368-3390 Fax: (714)368-3403 PRELIMINARY ESTI~TE Written By: Pete Boyer Adjuster: Insured: Owner: Address: CLAUDIE SWINDLE CLAUDIE SWINDLE ( Claim # Policy # DeductibJ.e: Date of Loss: Type of Loss: Point of Impact: Evening: Business: Inspect BODYCRAFT COLLISION CENTER OF TU Location: 28 Auto Center Drive Tustin, CA 92782 Business: (714) 368-3390 Insurance Company: 3 Days to Repair 2002 CHEV TAHOE 4X4 LT VIN: Air Conditioning Cruise Control Keyless Entry Privacy Glass Fog Lamps Power Brakes Power Driver Seat Anti-Lock Brakes (4) Front Side Impact Air Bag Bucket Seats Aluminum/Alloy Wheels 8-5.3L-FI 4D UTV GOLD Lic: CA Prod Date: Rear Defoqqer Intermittent Wipers Dual Air Condition Roof Console Clear Coat Paint Power Windows Power Passenger Seat Driver Air Bag 4 Wheel Disc Brakes Heated Seats OS/2002 Odometer: Tilt Wheel Climate Control Dual Mirrors Luggage/ROOf Rack Power Steering Power Locks Power Mirrors Passenger Air Bag Leather Seats Rear Step Bumper ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 REAR BUMPER 2 R&I R&I bumper assy 0.7 3 REAR LAMPS 4 Repl RT Combo lamp assy Tahoe, 1 116.93 0.3 Yukon, Denali 5 QUARTER PANEL 6* Rpr RT Quarter panel 4.0 2.7 7 Add for Clear Coat 1.1 8 Repl RT Nameplate hLTh 1 3.92 0.2 9# Rpr TINT COLOR 0.5 10# Repl COVER CAR 1 10.00 T 1