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Home My WebLink About10 CLAIM 07-24, JOY L. CRAWFORD 12-04-07AGENDA REPORT MEETING DATE: DECEMBER 4, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF JOY L. CRAWFORD, CLAIM NO. 07-24 SUMMARY: The Claimant has reported a raised sidewalk hazard in front of a residence on Fernbrook Drive, where she fell and sustained injuries to her chin, wrist and hand. She is requesting the City pay her $5,000.00 in order to cover her bills, pain and suffering, and possible further medical problems. RECOMMENDATION: That the City Council deny Claim Number 07-24, Joy L. Crawford, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Upon evaluation of this Claim and the report by Public Works Staff, the City's Claims Administrator views this as a case of questionable liability on the part of the City. The raised portion of sidewalk was approximately five-eighths of an inch -the City had no prior notice of the defect and it did not present a dangerous condition of public property. It is recommended that the Claim be denied. Ronald A. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-24 Consideration OfClaimOfJoyCra wford07-24. doc CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) ceived Via ' U.S. Mail Inter-Office Mail '~- Over the Counter CITY OF TUSTIN Time Stamp: 2007 JUL 16 A 9:35 Claim No: 7-24 PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the City of Tustin, not another public entity. Bath in'u to erson or to ersonal roe must be filed n~Fater~ than 6 months after the occurrence C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurence. (Govemment Code § 911.2). D. Claims for damages to real properly must be filed no later than one year after the occurrence (Govemment Code § 911.2). E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. F. A claim must be presented, as prescribed by the Govemment Code of the State of California, by the claimant or a person acting on his/her behaff and shall provide the information shown below and must be signed by the claimant or a person on his behalf (Govemment Code § 910.2). G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims. H. Completed claims must be mailed or delivered to the Clty of Tustin, Clty Clerk's Office, 300 Centennial Way, Tustin, California 92780. 1. Name and Post Office address of the Claimant: Name of Claimant: Joy L. Crawford Home Address: 16900 NW Argyle Way Portland, OR 97229 Home Telephone: 503-936-5000 Work Telephone: 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: Same as Above, Telephone: Post Office Address: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: 2-15-07 Time of Occurrence: 11:30 AM Location:14331 Fernbrook Dr., Tustin, CA 92780 Circumstances giving rise to this claim: Raised sidewalk hazard in front of residence 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. Split chin wide open requiring 9 stitches, sprained right wrist & fractured bone in rt hand, hinge of eye glasses broken. I now have a scar on my face and weakness in rt hand & wrist (pictures attached) 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. 6. If amount claimed totals less than $10,000: Provide the amount 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 potential 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 basis for computation: $ 5,000 Pain & Suffering, scar on chin, weakness of rt wrist & hand, possability of further problems with tempreal mandibular joint If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) ^ Limited Civil Case ^ Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the City of Tustin requests that you answer the following questions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: Bob Watzl homeowner 714-544-4971 Ron Crawford 503-936-5000 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: St. Joseph Hospital, Dr. Gregory Young, Joann Timberlake, PA, Moran, Rowen & Dorsey, Dr. TGhomas Hrymewicki, All American Eye Glass Repair, Doctors Ambulance Service If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 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 comers. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1"and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK Warning: Presentation 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 filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Joy L. Crawford Date: 7-09-07 Page 3 of 4 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM TO THE CITY OF TUSTIN The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances, leave to present a late claim will be granted (Government Code § 911.6). The reason for delay in presenting the claim is: Date: 7-09-07 Joy L. Crawford Signature of Claimant Revised 12/2004 Page 4 of 4