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Home My WebLink About10 CLAIM TED HOWERTON 04-16-01 · . AGENDA RE .... 3RT MEETING DATE' APRIL 16, 2001 [11 - III II I I I II II II 180-10 TO' HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL No. 10 04-16-01 FROM' CITY ATTORNEY SUBJECT: CLAIM OF TED HOWERTON FOR EMILY HOWERTON; CLAIM NO. 00-42 SUMMARY: The City Attorney is recommending that the City Council reject Claim No. 00-42, Ted Howerton for Emily Howerton. 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: Claimant was injured crossing Jamboree Road at West Drive. Claimant was a pedestrian, struck by an automobile, and she asserts the injury occurred as a result of malfunctioning traffic signals. The facts are in dispute. ATTACHMENTS' Claim 34571\1 ' CITY OF TUSTIN 'CLAIN! AGAINST THE .CITY OF 'f',_ .., tiN' (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 th.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 of Tustin, California' · The undersigned respectfully submits the' following claim and information relative to damage to person and/or property: ..... 1. Name of Claimant:_ ~¢a Howerton, .Guardian ad Li6em for EmilyHowerton, a mine ' Address of Claimant: ..... . . _ , Telephone Number: . Social Security' Number:- ' .. .. . Driver License Number: Not:, Applicable. , , Name, telephone, and post office address to which, claimant desires notices to be sent (if other than above)' r.~w oF~I¢~, o~._ ARTHUR R. HAUSMANN, 19000 MacArthur Blvd., Suite 500 Irvine, CA 92612 ; Te1._(949),440-7996; FAX ~ (949)4.40-7980 . This claim is submitted against' ' a. x The City of Tustin only. b. The following employee(s) of the City of Tustin 0.nly: :The City"ofTustin-and the foliowing-empJoyee(s) of :the City of'Tust!n oniy: 4~ Occurrence or event from.which the claim arises' a. .Date: 7-22-00 b. C. d~ Time:.. 9: 21 p.m. Place (Exact and SpecificL'ocation): Jamboree Rd., at:' intersection with WesJ; Drive, Tustin,' 'CA .... HOw and under Wl~'at cirCumstar~ce.s ~ii use additional paper if necessary. ,see a~tached responses, e, What particular action by the City, or its employees, c&used the alleged damage or injury? (see attached responses) · , Give a description of the injury, property damage or loss so far known at the time of this claim. If , there were no injuries, state "no injuries". Ms. Emily Howerton suffered neck pain, knee pain, hip pain, and other non-specitic injuries. She ~lso had abrasion to her forehead. · _ o , Give the name(s) of the City employee(s) causing the damage or injury: no~ appl±cable Name and address of any other person injured' unknown , , Name and address of the owner of any damaged property: · Damages Claimed" a. Amount claimed as of this date'$7, ooo. oo+ b. C. cl. not app!icable _ Howerton.'is still treating.) - . Estimated amount of future costs: unknown suf,fpj~_i ng Total amount claimed' $7 , 0'O0. 00- medical sPecialS:and $25,000.0'0 pain and Attach basis for computation of amounts claimed (include -copies of all bills, invoices, estimates, etc.) . Names and addresses of all' witnesses, hospitals, doctors,' etc. (see attached responses) WARNING: IT IS. A CRIMINAL OFFENSE TO .FILE A FALS-E (~LAIM (~enal Code Section 72; Insurance Code Section 5513.0) Claimant's Signature' I have read the matters and statements mad, e in th'e 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 ponalty of perjury that the foregoing is' true and correct. Executed this . day of_ ¢ Date filed this ~ . day of. ,~ ~ , 20 O0 2:CLAIM (1/oo) ATTORNI~Y 'AT LAW 19000 MACARTHUR BLVD. t SUITE ,.500 iRVlN,E, CALIFORNIA 92612 TIlL (.949J 440-7996 · FAX (949).440-7'980 E-mail: www:Rescuelaw, com CITY OF TUSTIN CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Persons or Personal Property) Page 1 attachment to the claim of Ms. · Emily Howerton, client,.against tho City of Tustin ('date of loss' 7-22-00). 4. (d; How and under what c~'rcumstances did dam. age or /.:'.~j~.~ry occur? Specify the particular occurrence, event,' act or omission you claim cuased'th'e injury or .damage (use additional' paper if necessary). Response' As Emily Howerton, and others, stood on the southeast corner of Jamboree and West Dr., she pushed the crosswalk button several time to cross westbound on West Dr. The crosswalk signal did not trigger the light to phase. Her · friends told h~r that. the crosswalk button hasn't worked for a .long time. Ms. Howerton and friends therefore ' entered tho crosswalk on a green light, believing it to. be stuck on red. As they.crossed, the signal light turned red. She observed no vehic~le coming and ran westbound to. .. get to the west side of the street. At that moment, Mr. Roger' Galang was traveling "southbound on Jamboree approaching the intersection of West Dr. on a green · light. He failed to yield ~o Ms. Howerton, ..striking and causing serious injuries to her person. 4. (e) What particular action by the City, or its employees, caus=~'~,., the a ]..i:~ged.~ .-~=.~,~cr=._,.~.,,_.~ ... or i'~'.j Ury',.. Response' The City of Tustin negligently, carelessly, recklessly, wantonly, unlawfully and with wanton disregard for the Safety' o'f the public failed to.operate, maintain, manage' and control said control box in proper working order. In point .of fact, pursuant to enclosed Traffic Collision Report, the pedestrian control box was tested several times by TPD personnel. The control box' would not change from the red upraised hand symbol to the green walking person symbol. The pedestrian signal control box for the north crosswalk was functioning properly. TraffiC Signal Maintenance Services was notified to repair the control' box. ' Page 2 attachment t.o' the claim of Ms. Emily Howerton; against the City of Tustin (Date of Loss" 7-22-00) ' our client, 10. Names and addresses of ali.. witnesses, hospitals, doctors, etc. Responses - .. Doctors and Hospitals'Medix Ambulance Service, Forest, CA 92630; ... Inc., P.O. Box 1000, Lake We'stern Medical Center - Santa Ana, 1001 No. Tustin Ave., Sa.nt..~ A~a, CA 92705; Santa ana'TUstin Radiology Medical Group, Ave. 0# 132, .Santa Ana, CA 92705-8641; 1450 N. Tustin Pediatric & Adult Medicine, % 360, Santa Ana, CA 92705 Inc., 1401 N. Tustin Ave., (Norah Gutrecht, M.D.); Shir A. Miskinyar, M.D., F.A' C.S., Plastic and Reconstructive Surgeon, 817 W. 17th St., Santa Ana, CA 92706; ., James-Wooley, D.C., 17101 Armstrong, # 101, Irvine, CA 92"6"14; Jon K. Floto, D.C., 210 S. Taylor St., Fallon, NV 89406; Dr. 'Tim HoCkenberry, 801 East Williams, Suite 2209, Fallon, NV 89406 o~ Drug Emporium Responses - Witnesses' Traci Hanson, Jackie Smart .. ('a minor)