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Home My WebLink About05 CLAIM NO 04-14 08-02-04 ~" ~~ , ~ I " r' ,\:\,~\,,\:'~I ""( .,..~,/I AGENDA REPORT Agenda Item 5 Reviewed: ¿- City Manager Finance Director N/A MEETING DATE: AUGUST 2,2004 TO: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY SUBJECT: CLAIM OF ELAINE DURAN, CLAIM NO. 04-14 RECOMMENDATION: After investigation and review by this office and by 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. DISCUSSION: This claim involves a slip and fall on a City sidewalk. The claimant was wearing a radio headset while walking south on Newport Avenue on a City sidewalk. The sidewalk in this area was raised by approximately one half inch (1/2"). Under existing case law, given the fact that it was daylight and there were no obstructions blocking the claimant's view of the sidewalk, a raised sidewalk of one half inch (112") would be considered to be a trivial defect, and not giving rise to a dangerous condition of public property. In this case, it is also likely that the claimant was inattentive, in that she was wearing a radio headset at the time. In our opinion, the City has no liability for this accident. ATTACHMENTS: 1. Copy of Claim ~2~ LOIS E. JEFFRE LEJ/blw Enclosure cc: William A. Huston, City Manager 18913U July 26, 2004 . .,' ) CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) , . ,-,";{'!V" if' '"f- \!'";i ¡. ".~-' -,"'-*' : ~¡ "\~~; I' . .r !ii""P""'" \ \ <:.;' "I1\~:.::Wii . \...-'V' ~~\ ,:/. i , G'~' .~/II '~~/'..'.' \ ,'! ..".~._- . ,..,$1.'\, / , . Received Via: 0 U.S. Mail Wnter-Office Mall M Over the Counter ~~;( ~JUSnN ZO~I~A:Lt P 3: Sb. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on hislher behalf and shall provide the information shown below. Be sure your claim is against the City of Tustin, not another public entity. Completed claims must be presented to the City of Tustin, City Clei1<'s Office, 300 Centennial Way, Tustin, California 92780. If additional space Is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. 1. Name and Post Office address of the Claimant: Name of Claimant: Post Office Address: 2. Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: Post Office Address: Telephone: . 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Time of Occurrence: /J,C vib#( d ¿,' 1.5,4 I /v{ . 4. 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. Page 1 of 3 6. If amount claimed totals less than $10,000: Provide the amount cJaimed If It totals less than ten thousand dollars ($10,000) as of the date of your claim, incJuding 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 caimed (include copies of all bills, Invoices, estimates, etc.) Amount Çlalmed and basis for computation: ~r'1Þð I~ ~/- 'J/I) .bnJAe/J-3&5fe~, bT¿J~ 4e¿rj5'~t- . 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 attomey 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 § B6.) 0'limited Civil Case 0 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 Clt of XX re uests that ou answer the followln uestlons. -7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: . e B. 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: .' . c::¡¡-.J1: '5'~/~ 1- ~¥LY .5(:6 :5. /}1¿2lh .Y;tk ~t" ~ I A- f ~ P¿.t8 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.: Address: Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: Telephone: Claimant's Veh. Lie. No.: Claimant's Drivers Lie. No.: Vehicle MakelYear. Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page2of3 READ CAREFU LL Y For an accident claims, place on following diagram name of streets, including North, East,' South, and West; indicate place of accIdent by 'X" a'nd by showing house' numbers or distances to street comers. If City/Agency Vehicle was involved, designate by letter "An location of C~/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 "8-1" and the point of impact by "X: NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. /~h~O bud< / Æð.vrn WáÆ ð() CURB PARKWAY SIDEWALK L CURB -,. I Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover aU 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: Date: '1.../'1'-01 Revised 11-18-03 Page30f3 ) t,."-"""-) Saint Joseph Hospital 505 S. Main St. Suite 600 Orange, CA 92868 DURAN, ELAINE 03/28/04 03/28/04 03/28/04 03/28/04 03/28/04 03/28/04 03/28/04 03/28/04 03/28/04 03/28/04 03/28/04 03/28/04 AA7010895543 03/28/04 OCPPO/PPO JOHN DURAN 41131010 41108530 *** 41818502 *** 41814801 *** 41122800 *** 31081000, *** 26120235 *** 47115060 *** 41500210 41107099 *** 30009347 30007315 *** IRRIGATION SOLUTION 500CC NS BETADINE SOLUTION 270 MED-SUR SUPPLIES *** SPLASH GUARD 271 M/S SUPPLY NONSTERILE *** STERILE GLOVES 272 M/S SUPPLY STERILE SUPPLY *** LACERATION TRAY 272X M/S SPLY STERL SPLY UNBIL *** URINALYSIS- RTN WITH MICRO 300 LABORATORY *** CHEST 2 VIEWS 320 RADIOLOGY DIAG *** BRAIN/HEAD w/o CON 351 CAT SCAN HEAD *** ED LEVEL 3 (INTERMEDIATE) 0024 L I SKIN REPAIR 12011 450 EMERGENCY ROOM *** TETANUS &'DIPTHERIA TOXOID ADU; TETANUS/DIPHTH TOXOID ADULT 0.5 ML DIPTHERIA & TETANUS TOXOID PED 636' DRUG SPEC ID DETAIL CODING *** AA7010895543 1 FINAL 03/31/04 1 1 15.48 10.86 ---------- 26.34 1 15.48 ---------- 15.48 1 10.86 ---------- 10.86 1 76.34 ---------- 76.34 1 105.00 ---------- 105.00 1 291.90 ---------- 291.90 1 1771. 00 ---------- 1771. 00 1 1 518.65 233.89 ---------- 752.54 1 78.50 1 69.00 ---------- 147.50 DURAN , ELAINE 04/01/04 ) ') JOHN DURAN AA7010895543 03/28/04 OCPPO/pPO 76925 OCP040 ocPPo/ppo CIA ADJ PPO¡ RMT *** RECEIPTS, ADJUSTMENTS, ETC. *** AA7010895543 2 FINAL 03/31/04 1 -639.39 ---------- -639.39 3196.96 -639.39 2557.57 ') )