HomeMy WebLinkAbout13 CLAIM #04-12 10-04-04
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AGENDA REPORT
Agenda Item
Reviewed: n
City Manager ~
Finance Director ~
13
MEETING DATE:
OCTOBER 4, 2004
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
CITY ATTORNEY
SUBJECT:
CONSIDERATION OF CLAIM OF DAVID MURPHY; CLAIM NO. 04-12
SUMMARY:
Claimant alleges he was providing human directional signage on a sidewalk in the City
when he was approached by a Code Enforcement Officer who "pulled the sign away
from the claimant", lacerating the claimant's finger. However, the claimant did not seek
medical care or treatment. He administered self-treatment by cleaning and bandaging
thé wound. The City denies that Mr. Murphy was assaulted or that a directional sign was
pulled away from him, causing him to be injured. He was in violation of the Tustin City
Code at the time that he was providing human directional signage. He was asked to
move from the location and he refused. Code Enforcement Officers spoke to his
supervisor at Directional Concepts, Inc., who recommended that the Code Enforcement
Officer confiscate the sign. Upon relaying that information to Mr. Murphy, he handed the
sign to the Code Enforcement Officer.
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
~í~
LOIS E. JEFFRE
LEJ/blw
Enclosure
cc: William A. Huston, City Manager
1'2!52.!
MAR-24-2004 11: 34
CITY OF TUSTIN
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714 832 6382
P.Ø3
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Office of the City Clerk
March 24, 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 : David Murphy
City Claim No: 04-12
Filed With City: 3/24/04
..Ã. Receipt of ClafmlSummonslComplalnt
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 March 24, 2004 to the City Attorney and
Department Head, and the orIginal was forwarded to the Finance Department.
Sincerely,
f11~~
Marcia Brown
City Clerk'S Office
Et1c1o1urll: (II .~)
C:
City Attorney
Department
Finance Department (orfg copies)
,fI
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MAR-24-æø4 11:34
CITY OF TUSTIN
)
714 832 6382
P.04
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CLAIM AGAINST THE CITY OF TUSTIN
(For Damag88 10 peraon orP,raoIlllIProperty) CITY OF TUSTIN
Received VIa: TIme Stamp:
§ U.S. Mall 10D~ MAR 2L1 A \Q: ~ß
Inler-OfIIœ Mall
o,¡er the Counter Claim No:
A claim mull be preaanted, as preøcrlbød by Ihe Govvmmenl Cgg, of Ihe State 01 California. by the claimant or a pereon
acting on hlelher behlll and shall provide the inlonnation .hewn below. IIA.IW:I your claim is aga¡net the CItv or TUltlO,
not lno1her public enUty. Completed claln'" must be preaentsd 10 the City of Tualln, City Clark'a OffIce, 300
Cenl8nnlal Way, Tustin, Callfomla 12780.
If addnlonal space iø needed 10 pl'Olllde your Information, pleasa attach shuts, Identifying the paragrøph(ø) booing
answered.
1.
Name and Poet OftIce address 01 the Claimant
Nam.. <II Claimant: David Murphy
Post Ofllce 92801
2.
Poet Office addre.. to which the pereon p_ntlng the claim desires notIoes to be .ent
Name 01 Add_e: Beam, BrOback & wast Talephone: 714/558-3944
Poll Offic, AddreS8; 600 W. Si!IlIta Ana Blvd., ilOOO, santa Ana, CA 92701
3.
The date, place and other clrcul118tances of lhe occurrence or 1ransacllon from which Ihe claim aliles.
TlmeolOccurance: 4.50 p.m.
4.
Dete of Occurrence: 2/4/04
Locatfon: TuStin. California
Clroumstances giving l'Î88 to this clelm: C:i.a1mMt was pxgvid.ing h\IIIan diJ:ect:ional si~
in t:œ citv of Tustin whan he was ~ bv a COda Eni'o...........L Officar.
The 0Jðe En:fon:eœzrl;. Officer, ,,¿,tm\It issuing a citation, pulleà the sign sway
:o:an tne c~. .l.IiICeI'aC1ng tI1e C.LaJJll8ltl:'S unger. Tœ UJae ~ orJ:J.œr
then took tha sign wit!l:lut issuinq 8W:I citation or any basis for reøoval of the
sign.
General description 01 the Ind8bt8dn8Sll, obligation, Injury, damage or losø Incurred so far II you now know.
Laœration to fingar caused bv COðe EnforCElll'lel1t Officer iran t:ha City of
Tustin which caused Þleedinq ani ¡>atn.
5.
The name or namas or the public 8mpl0y88 or employe's causing the Injury, damage, or I05S, If knOWn.
C"wnn hm"T<:nr1 wil-h I-hP rndP. Rnf'n~ Office.
Page'."
mR-24-2004 11 : 35
CITY CF TUSTIN
i
714 832 6382
P.",5
\00
...
6.
If .mount alalm.d Iotlls Ius th.n $10,000: ProvIde the ømounl claimed If K total. ,... thin IIn thoU88lld
doll&rs ($10,000) Ø8 ofth.. data of your dalm,lnc;ludlng the 18IIm8l8d lIITIOunt of eoy rel8t8d pat8ntlal fUturell1lury.
dIlßl8QI, Of Iou, lns0f8r II It mey be known II of the dati of your clilm. Iq ether with the bl8l8 of computetlOn of
the .....ount claimed (include copies of III bllll, InvolC89, Istimates, etc.)
Amount Claimed and blill for computldlon: $500.00 pa;in ..w suffering.
If emount cilimed IXC88da $10,000: If \ha emount claimed exceeds ten thoullnd doIllII'8 ($10,000), do not
provide a dollar amount In the cillm. However, your claim mutt indicate whether It would be I Uml\el,l civil case.
A limited eMl case Is ana where the recovery sought. exclusive of attorney tuBS, Interest and aaurt costs, does not
exceed $26,000. An unlimited civil Clsa I. ana In which the I1ICOvary aoughtlø more than $26,000. (Sea CCP §
ee.)
0 Umlted Civil Cal8
0 Unlimited CIvil C-
7.
Name, eddress and telephone number of any wün..- to tho occurrence or transaction from which the claim
arises:
David MurfIl'¥, 525 G
If thl claim Involv.. medlcallrealmenl for a olalmed Injury. pI_o provide the ""ml, eddre18 and telephone
number of eny doctors or hospitals providing InIatmenl:
C1.aUnant did not seek lIBdioal care or 1:reatmllnë. He administ:er8d self t:reatllrmt
t¡¡r "',,..ninq "nd h:oInd"gjnq t-hP. ""'"m.
8.
If eppllc,bll, pIN. ,tt8ch any msdk;sI bIUs or fflports or IJimUør documontl supporlJng your claim
if the claim relat...lo an aulomobUa accident: N/A
Clalmsnl(s) Aulo Ins. Co.:
Addr_:
Telephone:
Ins\Ql1ce Pci:cy NO:~
Telephone:
Insurln.. Broklr/Afi'lnt:
Addrlss:
Claimant's Veh. lic. No.:
Clsfmanl's Drivers lie, No.;
Vehicle Mak8lYur:
Expi18Uon:
If applicable, pleæe enaoh any repair bill,. Hllm81H or tlimlklr dooumlln/s ,upporUng your claim.
P....2of'
MAR-24-2ØØ4 11 : 35
CITY OF TUSTIN
)
714 932 6382
P.Ø6
.r .
READ CAREFULLY
For all ....donl c:IIol"",- placo an following <118g18m nall14l 01
_..lncIuding Narlh, Eaot, SOuth. and WNt; 1nc1c:at8 place or
.- by "X" and by allowing hau.. numbo,. or dl8tanø.. 10
street DO""". If Clty/Agoncy Vohlclo - Involv8d, _ignite by
Iatl8r 'A' Ioc8IIon of CIty/Agency Vlhk:le when you ftl'll - k,
and by"S' location of y<luraoW or your ..hld. wto... you ftrot .ow
City/Agency VehIaIe: location of ~Agency II8hIcle 81 ~me of
acoIdont by '1\-01' and location of yowself or your vohk;lo II tho
time olth. IICddent by'S-,' .ndthe point of ImpaaI by 'x.'
IIIOre: W <Ii.g.."", below dO not lit the situation, olloch hereto e
proper dlagrom .Ignod by elilment.
d(l I~ L
SIDEWALK
W j¡¿ ¡~ nr
PAflJfJNAY
810EWALK
Warning: Preaentetlon or a fal.. claim II a felony (Penal Cod. 672). Pur.uant to CCP 610311, lite City/Agency may &oak
10 recover all coels of d fensa In !he event an action ,. filed which Ie IlIter decennlnad nol to have been brought In good
flith and with røaso cause.
Date:
_11-1&-03
Poge3o13