HomeMy WebLinkAbout18 CLAIM H. ARELLANO 05-21-01 NO. "18
AGENDA REPORT
MEETING DATE: MAY 21, 2001 180-10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIM OF HECTOR ARELLANO; CLAIM NO. 01-19
SUMMARY:
The City Attorney is recommending that the City Council reject Claim No. 01-19, Hector
Arellano.
RECOMMENDATION:
After review and investigation by the City's Claims Administrators and by this office, it is
recommended that the City Council reject the claim and direct the City Clerk to send
notice thereof to the claimant and the claimant's attorneys.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND:
The claimant is making a claim for an unknown amount of damages, "including medical
expenses, property damage, loss of earnings and pain and suffering." The claimant's
vehicle made a left turn in front of a police unit at the intersection of Mitchell Avenue and
Tupelo Lane. The police report indicates that the claimant caused the collision by being
in violation of Vehicle Code Section 21801(a), which states, in part, that: "the driver of a
vehicle intending to turn to the left shall yield the right-of-way to all vehicles approaching
from the opposite direction which are close enough to constitute a hazard." The police
report continues that: "given the time of day, the day of the week, and the amount of
traffic, the police vehicle speed of 45-50 mph is not deemed unreasonable or unsafe."
We recommend denial of the claim.
ATTACHMENTS:
Claim
Internet
Alessandro G. Assan~i, Esq. Bar No. ~8i368
~ ASSANTi & ROSEN
' 5 Hutton Centre Drive, Ste. 820
.Santa Aha, CA 92707
2
~ (7!4) 641-5200
3
5 ~I
CLAIM FOR DAMAGES
7
8 )
HECTOR ARELLA.NO )
Claimant ) CLAIM FOR D3~L~GES P'JRSUANT TO
Lo )
vs. ) GOVERi~MENT CODE
--
CiTY OP TUSTIN ) SECTION 911.2
12 )
Respcndent,
13
14
15 ~ TO THE CITY OF IUSTiN AND THEIR BCARD OF SUPERVISORS:
16 PLEASE TAKE NOTICE that the above named claimant submits this claim
!7
for personal injuries and property damage incurred as a result of the
18
following:
19
20 1. CLAIMANT'S NAME AND ADDRESSE:
21 Hector Arellano
23 2. A~DRESS TO WHICH NOTICES SHOL~D BE SENT:
24
ASSAKTI & ROSEN
25 5 Hutton Centre Drive, Ste. 820
Santa Aha, CA 92707
26
///
27
2~" III
3. GENERAL DESCRIPT2ON OF THE INJURY INCUT.~RED SO FA.~ AS iT iS ~'OWN
4
AT THE TIME THE CLAIM iS PRESENTED:
Lower back pain, neck pain, pain to his chest, headaches an~ facial
6
cuts.
7
DESCRIPTION kND BASIS FOR CLAIM:
On ~ove~er 11, 2000, Officer Christopher Mark Gerber, while un~er
9
the course and scope of his empkoyer City cf Tustin, was traveling
i0
East along Mizchell Ave at a rate of speed, muck in excess of tke
speed ~imit, without the use of any sirens or emergency lights. As
12
a result of Officer Gerber's failure to use any emergency ligkts or
12
siren the claimant was unable to make a safe lef; kand turn wkich
14
resulted in a major collision.causing injury ~0 the claimant. A
copy of the subject police report is a~ached for your review.
5. NAMES OF THE PUBLIC EMPLOYEES/ENTITIES CAUSING THE INJL~IES:
17
A~ this ~ime the precise names, address, job titles or o~he~
18
i iden~ificazlcn of the public employees, a~ents, or servants causing
I
and/or contributing to the Claimant's injuries are unknown.
2C
6. ~O'JNT OF DAMAGES CLAIMED:
21
Damages to be dete~r, ined at a later time, including ~edicai
22
expenses, property damage, loss of earnings and pa~n and suffering
23
in an amount un~own a~ this time.
24
Dated: April 2, 200!
25
ALESSANDRO G. ASSA_XTI, ESQ.
~age 2
!
MA~'-i~-2~ 1~:~ 95W P. i4
T, RAFF.'JC COLLISION REPORT ·
555 CARS Page 1 (Rev 8FJ6} UPI 042 , F,:,;.. ). 01 1.0
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CHRISTOPHER MA~ OE~ER o~.e~ ~a l~ ~E ~a umvEn .
300 CENTENN~L WAY
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(? 14~73-3200 (714)573-3200 c.~
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DAMAGE ~=s~o~ c.*~
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S~TiNG POSITION S~FETY EQ~IPME~ ~ a CYCLE.,;~ET
OCCUPANTS [ - A:R ~G DEPLOYED j 0 - NOT ~E~ED
A. NONE IN VEHICLE M -A~R BAG NOT DEPLOYED
B - UN~G~ N - OTHER DRIVER
, 2 - ;A~L~Y E~E~D
i ' C - ~P BELT U~ED P · NOT ~EQUI~D v. NO ~ - UN~OWN
I 2 ] ~ 1.Om~ O.~TNOTUS~ W.~S
2 TO 8 - PX~E~ E - ShOUtER ~RH~S ~$ED CH bD ~1~
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~ ~ ; ~ T-~A.~NR~R F-SHOUL3E~HARN~SNOTU~O ~D
9 · RR. OtC T~. ~ VAN G - ~P/gHOULDER ~RN~ ~D R - IN VEHICLE N~T U~ X. NO
). P0~'T[ON UN~WN ~ · ~PISHCULD~ ~E~S NOT USE3 ~ · IN V~IC~ U~E UN~N~'N Y - YES
· 7 0 - OTHER ~ J - P~EIV; ~lh' U~ED T - ;N VEHICLE ;NPRO~R USE
{ K. PA~ RE~NT k~ USED U - NONE IN ~EHiC~E
' ITEMS ~ARKED B~OW FOLLOWED ~Y AN A~RISK (') SHOULD BE ~INEO IN THE NARRATWE.
B ~EqlNP~Oa~RDRIVING* lC CO~O~OBSCLRED ' C ~TORC~E~aCO~ I C ~NOFFRDAD
X D NO ~RO~PR~EhTI FAVOR' O' FCKUPORPANE~TRU~ ' ' ~ D ~K~G RICHT~N
~ OTH~ TN&N OR~VE~ ' ~PE ~COLLI~iQN J ~ P.CKU= f P~E.~RUCK wi ~I~R [ X
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fo2it~S]I ' BROAD,lEE " OTHER 6U3 ] !-- ~ING ~ER'~HJ=LE
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[ B ~DUOYF O~RTURNED " K H'~N~CON~. ~QUIPME~~ '[ K PARKIN~M~E~R
[ ~ ,~JNING :~ VEHI~EIP;DEST~N . . [ .. ~ BICYC~ I
' ' ;H OTHER': ~ ~ M O'H~RVEHI~E ['" M OTHER UNSAFE TU~INO
,~ FOG~S;mLmTY ' ~. [ I ~N PEDEE~.AN J N ~m~GmN~0P~DsmN~E
~ DUSK-O~WN ' --m~ MOTORVEHC~O-H~RROAOWAy I ~ ~ I OTHER~$OCIATEOFA~Q~ [
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t;'TAT'E OF r~,ALI~ORNIA ·
INJURED'/ WITNESSES I PASSENGE[ '~ "} ·
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hAME I' D.O ~. I AOO~S TE~PH~NE
CI-IEISTOPHER M~ G~ER ( ) 300 C~IAL WA~, T~STIN, ~ 92tiS0 ~14)573-3200
~!NJURED CNLY) T~N~T~D ~Y: " T~ ~:
D~OR'S A~Bb%A~ WESTERN ~D]CAC CE~ - SANTA
~oCRIOE I~URIES: ~EA~ BY D~ ~W FOR A SC~PED L~ K~E AND PAIN TO THE HEAD AND
~ECK.
.....VgCT. M OF
' -- I ~ .~ ' ~ ; ~ ~:~ ~, '! ~ "'
I0
~E~OR A~LLANO ([~ (
{,NJUREO 0~LYJ T~h~O B~ TA~ O:
[ pO~O~'S ~B~N~ . . W~T~' MEDICAL ~TE~ - SANTA ANA
o~c~r~ ~um~s: ~~ BY DR. ~W FOR A CUT ABOVE ~E ~ E~. PA~' ~ ~E H~AD ~
NECK. ~ .
NAME / O.O.B. ~ AD'ESS TELEPHONE
IO~RIB~ JN~UR~:
' T ! i: l 'c_i .... I ' i i ': I:::1
N~ ~ / D.O.B. IADOqE~5 T~EPH~NE
~CRIgE
' ' viC'll,I OD VIOLENT CR~ME NOTIFIED
NAIV'E t 0.0}3. !aDD, R~r;~ TELEPHONE
' IINJ~INI~;3 ONLY] TR/%N-~POR'TF.O 0Y: TAKEN TO.
- ' VICTIM OF VI0LEN'r CR!ME NOT ~!ED
qAVlE / D.O I~./ADDRE$.<; ' TF..LEP~ONE I
I
lIN. ~IR~'O GNL t'l T~AN:$PORTED BY: TAKEN TO[
I DE3CRIOE INJURIES:
i
I
V,C-JM OF VIOLENT CRIME NO'IFIED
MqY-i~-2~i !~: 34 95;~' m 19
S¥^T~. O~ C. AL~Om~,'TA ...
NARRATIVE/SUPPLEMENTAL PAGE 6 OF 10
-DATE d'F iNCIDeNT TIME 'NClC NUMBER' ' OFFICER I.D, ' NUMBER -
11/11/2000 0629 9675 14614 00-11-259
1 PHYSICAL EVIDENCE LEGEND:
2
3 A station line was established down the center of the southern most, painted Yellow, center
4 line of Mitchell Avenue. Station zero (0+00) was established at the west roadway edge
5 prolongation of Tupelo Lane..All measurements were taken perpendicular to the station
6 line (left or right). Station numbers increase as you stand at station 0+00 and proceed
7 east,
8
9
10
I VEHICLES.
ITEM TIRE STATION LOCATION '":
i '
V-1 L/F 0+92.5 R - 24.0' '
L/R 0+82.0 R- 26.5'
"' R~- 1,0'
I V-2 .[JF 0+46.3 .,
L/R 0+40.3 R- 7,2'
i ,
!1
12
13
!4
15
!6
17
18
19
20
21
22
23
PREPARED BY I.D..NUMBER GATE RE.VIEWER'S HAM--' DATE.
D H BRADSHAW 14614 11/11/2000
STATE OF
NA~TIV~S~PP~EM~TAL ~A~E 7 OF 10
11/11 ~2000 0629 9675 1 ~ 14 00-11-259
PHYSICAL EVIDENCE LOCATION LIST
ITEM STATION LOCATION DESCRIPTION
A 0+19.8 R - 12.0' Begin tire friction mark, L/F of V-I.
0+27.0 R- 14.3' Cont.
0+54.0 R - 22.3' Cont.
0+65,0 R - 25.1' collides with curb.
0+74.0 R- 28.5' End tire friction mark, L/F of V-I.
B 0+22.0 I R - 19.5' Begin tire friction mark, P, JF of V-I.
0+54.0 I R - 28.0' Cont.
0+68.0 , R - 31.4' End tire friction mark, PJF of V-1.
C 0+78.0 R - 34.0' 'l~gin black scuff mark from V-1 on wall.
0+82.0 R - 33.0' End bi. ack scuff mark from V-1 on wail.
D 0+38.0 R - 7.5' Begin tire friction mark from V-2.
0+41.0 R - 5.5' End. fire friction mark from V-2.
E 0+95.5 , R - 23.4' , Tree.
1
2 PHYSICAL EVIDENCE DESCRIPTION:
3
4 !tern A is a locked wheel/side skid approximately 57' in length, deposited by the left front of
5 V-I.
7 Item B is a locked wheel/side skid approximately 48' in' length, deposited by the right front
8 of V-1.
9
10 Item C is a four foot long, black scuff mark from the right front fender of V-l, on the bl'ock
11 wall.
!2
13 item D is a four foot long tire scuff deposited by the Jeff front of V-2.
14
15 Item E is the tree that V-1 came to rest against.
16
17
19
PREPARE. D BY I.D. NL;N1BER DATE REVIEWER'E, NAME DATE
D H BRADSHAW 14614 11/11/2000
Mq¥'-16-2~1 15:34 ~5~ P.21
STATE OF C~ tTFOPd~
NARRATIVE/SUPPLEMENTAL ?.AGE 8 OF 1.0
- DATi~ ~'F IN(~ii~ENT - 'T~I~ 'NC[O' NUM~.ER O~:FICER-j,D. NUMBER
11/11/2000 · 0629 9675 14614 00-11-259
1 FACTS:
2
3 NOTIFICATIONS: I was dispatched to a cai{ of an injury traffic collision, with an ambulance
4 responding at 0657 hours. { responded from a traffic, stop, I-5 at Tustin Ranch Rd. and
5 arrived on scene at 0709 hours. All times, speeds and measurem&nts in this investigation
6 are approximate. Measurements were taken by fabric tape and rollmeter, except where
7 otherwise indicated.
8
9 SCENE: At the scene of this collision, M[tchell Avenue is a eastbound/westbound city
10 , street consisting of two lanes, The roadway is straight and level. The surface Js composed
11 primarily of asphalt. There is a posted 30 mph speed limit. Mitchell Avenue is intersected
12 by Tupelo Lane. Tupelo Lane is a northbound/southbound city street consisting of two
13 lanes. The roadway is straight, level and free from visual obstructions, The surface is
14 composed primarily of asphalt. The intersection is uncontrolled, See diagram.
16 PARTIES:
18 PARTY' #'t (Ge~'ber) was located at Western' Medical Ceriter in Santa Ana. Party Gerber
! 9 . was identified b~ a ~/alid California driver's license. P-1 'wa~ placSd as a party by the
20 following items: ~"
21 - Driver statements
22 - Driver injuries "
23 - In uniform and employed by the registered owner
24
25
26 Vehicle #1 (Ford Crown Vic) was located on its whee[s facing in an easterly direction.
27 V-1 sustained major damage including a dented left front'door, crumpled left front fender,
28 damaged left front suspension, ~eff front bumper pushed into engine compartment, front
29 grill shattered, left headlight shattered, hood induced upward, windshield shattered, right
30 front fender dented (concrete scrapes), and a bent right front rim, Both airbags on V-I
31 were deployed. No prior mechanical defects noted or claimed.
32
33 PARTY # 2 i'Arellano) was located at Western Medical Center in Santa Aha. Party
34 Arellano was identified by a valid driver's license. P-2 was placed as a party by the
35 following items:
36 - Driver statements
37 - Driver injuries
38 - Driver is registered owner
39
40
41
42
PREFARED BY I.D..NUMBER DATE REVIEWER',S NAME DATE
D H BRADSHAW 146:14 11/11/2000
~qY£i6-2aC~ iB':0~ 95z P.22
" S'~'ATE OF CALrFOk'4L~ !
NARRATIVE/SUPPLEMENTAL . P/~GE 9, OF ~0
~D~ATE OF INCIDENT TIME NCIC NUME~ER OFFICER I.D, NU~I'~ER --
1111112000 0629 9675 14614 00-11-259
1 Vehicle #2 ~Ford 'Ran~er Pickul~) was located on its wheels, facing in a northeasterly
2 - direction as shown on the diagram. V-2 sustained moderate damage including the left
3 front fender crumpled, the'hood induced upward, left front bumper pushed into the left front
4 wheel, left headlight/grill shattered, radiator pushed into the engine and the right front
5 fender induced outward. The rear of the cab sustained a dent from the bed of the pickup.
6 There was prior collision damage to the right side cf the bed. V-2's turn indicator was in
7 the left tum position, No prior mechanical defects noted or claimed.
8
· 9 PHYSICAL EVIDENCE:
10
11 Se'e factual-diagram.
12
13 STATEMENTS:
14
15 PARTY # 1 (Gerber) was contacted at Western Medical Center in Santa Ana and related
16 he was eib Mitchell Avenue responding to a call for units, to set up a perimeter for a parolee
17 at large, at 45-50 mph'. P-! was not traveling with emergency lights or s'iren. P-1 wa~
18 approximately 50-60 yards behind 2 additional Tustin P.D. units..P-I' observed V-2
19 stopped w/b on Mitchell Avenue with its' wheels "cocked" to turn left onto Tupelo'Lane. As
20 P-1 got to within 10-15 yards of V-2, P-2 began to turn left. P-1 initially thought he would
21 be able to swerve to the Jeff to avoid V-2. P-2 then stopped, partially blocking both the
22 eastbound and westbound lanes. P-1 braked and swerved to the right. P-1 could not
23 avoid V-2. V-1 continued up the curb and into the tree. P-1 was able to exit his vehicle.
24 P-1 contacted 1:'-2, still seatbelted in the left front of V-2. P-2 appeared awake and aware
25 of his surroundings.
26
27 P_ARTY# 2 fARELLANO) was contacted at Western Medical Center in Santa Aha and
25 related he was w/b Mitchell Avenue from Redhill Avenue P-2 was going furniture shopping
29 on Redhill but decided tc go get something to eat at Newport Blvd. and Walnut. As P-2
30 was approaching Tupelo Lane, 3 police cars passed going eib at approximately 40 mph.
31 P-2 watched as the three cars turned onto Redhill. P-2 came to a stop at Tupelo Lane and
32 turned on his left turn signal. P-2 saw V-1 approaching "one block away."' P-2 started to
33 turn onto Tupelo Lane. As P-2 turned, he realized P-1 was traveling at a high speed, 50
34 mph or"a little more." P-2 stopped, partially blocking both eib and w/b Mitchell Avenue V-
35. I collided with the front of V-2.
36
37 P-2 was asked how many feet..V-1 was from him when he started to turn left. He replied
38 "300 feet." When asked if there was any other traffic at the time of the collision P-2 replied,
39 "There was no traffic, just the police cars."
4O
41
42
F;REPARED BY i.D. NUMBER DATE REVIEWER'S NAME DATE
D H BRADSHAW 1,~614 11/11/2000
., ' ~ '
STATE OF CALIFOKN'IA ~ '
NAR~TiVEISUPPLEMENTAL PAGE iOOF tO
DATE OF INCIDENT TIME ..... -N~IC NUmBeR "~FF~CER I.~'. NUMBER"
11/11/2000' 0629 9675 14614 00-11-259
1 OPINIONS AND CONCLUSIONS:
2
3 SUMMARY:
4 Party #1 (Gerber) was e/D Mitchell Avenue at 45-50 mph, approaching the intersection with
5 Tupelo Lane. Party #2 (AreJlano) was w/b Mitchell Avenue, preparing to turn left onto
6 Tupelo Lane, Jn front of P-1. P-2 failed to realize P-1 was. approaching from the west. P-2
7 began to turn left on Tupelo Lane and realized P-1 was approaching. P-2 stopped partially
8 blocking both the eastbound and westbound lanes of Mitchell Avenue P-1 braked and
9 steered to the right. Due to P-2's unsafe left turn, P-1 was.unable to avoid the front of
10 Vehicle #1 (Ford Crown Victoria) c.olliding with the front of Vehicle ~f2 (Ford Ranger
11 Pi6kup). V-1 continued e/b onto the sidewalk. V-1 collided with the b!ock wall and tree. V-
12 2 came to rest facing in a northeasterly direction, blocking Mitchell Avenue e/b.
13 Summary based on statements, physical evidence and vehicle damage.
14
15 AREA OF IMPACT:
16 AOI #1 0/-1 vs. V-2) was located 26' north of the south road edge of Mitchell Avenue and
17 12' east of the west r&adway edge prolongation of Tupelo Lane.
18 AOI #2 (V-1 vs. the concrete curb) was located 51.5' north of the south road edge of
19 Mitchell Avenue and 68' east of the west roadway'edge prolongation of Tupelo Lane.
20 AOI #3 0/-1 vs. the block wall) was Iocated 54' north of the south road edge of Mitchell
21 Avenue and 78' east of the west roadway edge prolongation of Tupelo Lane.
22 AOI ~ (V-1 vs. the tree) was located 43.5' nddh of the south road edge of Mitchell '
23 Avenue and 95,5' east of the west roadway edge prolongation of Tupelo Lane.
24 AOI's based on physical evidence.
25'
26 CAUSE:
'27 Party ~Y2 (Arellanol caused this collision by being in violation of 21801(a) VC, which states
28 in part that the driver of a vehicle intending to turn to the left shall yield the right of way to
29 all vehicles approaching from the opposite direction which are close enough to constitute a
30 hazard, Given the time of day, the day of the week and the amount of traffic. P-l's speed
31 of 45-50 mph is not deemed unreasonable or unsafe.
32 Cause based.on statements, vehicle damage and physical evidence.
33
34 RECOMMENDATIONS:
35 None.
36
37
PREmAREC!- ElY i.D. NUMBER DATE REV EW.-'R $ NAME DATE
O H BRADSHAW 14614 11/11/2000
,"1c{¥'- l~_-2[~gi 1~: 12 95?; P. 02