HomeMy WebLinkAbout10 CLAIM OWENS 09-19-05
AGENDA REPORT
Agenda Item 10
Reviewed: I4t
City Manager
Finance Director
MEETING DATE:
SEPTEMBER 19. 2005
TO:
WilLIAM A. HUSTON. CITY MANAGER
FROM:
RONALD A. NAULT. FINANCE DIRECTOR
CONSIDERATION OF CLAIM OF KEVEN OWENS. CLAIM NO. 05-28
SUBJECT:
SUMMARY:
The Claimant reported that tree roots and part of the sidewalk had been removed - with the result
that he tripped and fell into the hole - in the area of 17151 Altadena Drive. The claim states he
has received treatment for injuries to his neck. left shoulder. hand. left foot and right leg.
RECOMMENDATION:
That the City Council deny Claim Number 05-28. Keven Owens, and direct Staff to send notice
thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
Upon investigation and review by the Finance Director and the City's Claims Administrator. it has
been found that the City had no prior notice or complaints of a dangerous condition at the above
location. Staff has verified that proper barricades were in place as required by the City. though it
was Mr. Owens' complaint that no caution tape was attached to the barricades around the
removed sidewalk. It was also noted that the Claimant was aware this portion of sidewalk had
been open for a couple of days.
The City contracted with Hardy & Harper, Inc. for the Annual Major Pavement Maintenance Project
and Annual Sidewalk Repair Project for the fiscal year 2004/05. It has been determined that if a
dangerous condition existed at the time of the Claimant's fall, it was caused by Hardy & Harper. Inc.,
and the City's Claims Administrator has tendered this claim to them on behalf of the City.
ATTACHMENT: Copy of Ciaim No. 05-28
U: \ CLAIMS \ Cons ide,.Uon OICla i m OIK even Owens. doc
06/62/2065 11: 48
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HUMANRES: CITyr' "RK
PAGE 01
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ORIGIr'~ \L
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages 10 Pereon or Personal Property)
Reoelvød VIa:
å U.S. Mall
Inter-ò!¡¡ce Mall
Overthe Counter
TIme Stamp:
ClaIm No:
PlEASE NOTE:
A. ReBd entl". CIIalm before filing.
B. .§I..§!m! your claim Is BgB/net the Cltv of Tu8tin. not another public entity.
C. ClBlms for deBtl1, Injury 10 person or 10 personal property must be filed no later than 6 months after the Occumlnoe
(Government Code § 911,2).
D. Claims for damages to msl properly must be flied no Isler than one year after the occurrence (Government Code § 911.2).
Eo If additional space Is needsd to provide your information, please etlach sheel8. Iden6fylng the parsgraph(8) being Bnswered.
F. A claim must be presented, as prescribed by the Government Code of the StIIte of California. by the claimant or B person
aç ng on hlslher behalf and shall provide the InformatIon shO\'\'n beloW and must be signed by the claimant or B person on
his behalf (Govemment Code § 910.2).
G. This form 19 for the convenience of thoee desIring 10 present clB/ms agBlnst'the city. ClaImant Is sdvtsed 10 oonsuK a private
atlomèy If lagal advice Is desjl'Ød. No employee of the City may give legal'advtce \0 any ólslment nil/sting to private c:IøIms.
H. Complefad claims must be mall!ld or dellversd to the City of Tustin, City Clerk's OtrICB, 300 Centennial Way, Tustin,
Callfomla 82780. "
1.
Name and Post OffIce address of the ClaImant:
Naïne ofCle/mañi: Keven Owens
SocIal Security No.: , 'if faofBlrth: 09
œtOfflaeAdd~; 17
2.
Post Office address,to which the person presenting the claim desires notices to be sent.
Name of ACldressea:
Post Offloe Address:
Jacobson & Associates Telephone: 213-383-0500
3580 Wilshire Blvd., Suite 1600, Los Angeles, CA 90010
3,
The date, place and other oil'CUlTl8fances of the occurrence or transeclíon from which the oJalm arises.
Dsleof Occurrence: 0"-77-0" TIme of Ooourrence: 3: 05 p. m.
Location: 17151 Alradena Dr., City of Tustin, 92780
Circumstances giving rise 10 this claim: Tri D & Fall
Trwe r'oof-Q h~".. h....n r..mOVE'>d and caused our client injuries, the
part of the sidewalk had also been removed. No caution signs.
4.
General descrIption of the Indebtedness, obllgBlion. Injury, damage or loss Incurrect Be far as you now know.
~'i..nt injured his neck, left shou~der, hand,
left foot, riqht leg.
Pag.' of4
06/02/2005 11:48
7148326382
HUMANREs: CITYCLERK
PAGE 02
5.
The name or names of the pUbJiC employee or 'employees caueing the Injury. damage, or loss, If known.
d'
q¡¡l,n~T.Tn
s,
If amount clalmsd' 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 potsntial future Injury,
damage. or loss, insofar as It may be known as of the dlilte of ycur claIm, together with 't!'le basis of computation of
the amount claimed (include copias of all bills. invoices, estimates, etc.)
Amount, Claimed and basis for complJtation:
If amount claimed exceeds $10,000: If the amount claImed exceeds ten thousand dollars ($10.000), do not
provide e dollar amount In the claim. However, your claim must indicate whether It would be a"limîted cMI CIIse,
A limited c:lvil case Is one where the recovery sought, exclusive of attomey fees, interest and court COS1s, does not
exceed $25.000, An unlimited cMI case Is one in which the recovery sought Is, more than $25,000. (See CCP §
BS.)
0 Umltecl Civil Case
Q Unlimited Civil Case
You are-r:equlred to provIde the Information requested above in order to ccmp/y with Government Code
§910. Additionally, In order to conduct a timely Invastigation and possIble resolution of your claim, the
C of Tustin re uests that II- anSwer the followln uestloRs.
7.
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
Donita Winston
8.
If the claim involves medical lrealment' for a claimed injury. please provide the name, address an<! telephone
number of any dootors or hospitals providing treatment Anaheim CA 91804
West Anaheim Medical Center 714-R27-30~0 3033 West Orange
e Chiro ractic -
200 North Harbor Blvd. Suite 211, Anaheim, CA 9
5
If applicable, please attach any mealeal bills or reports or similar documents sUPporting your oIalm.
If the claim relates to an automobile accident:
9.
Clalmant(s) Aulo Ins, Co.:
Address:
Telephone: '
Insurance Þolioy No.:
Insurance Broker/Agent:
Address:
Talephona:
Claimant's Vah, Lie. No.:
Claimant's Drivers Lie, No.:
Vehicle MakelYesr:
Expiration:
Þage2of4
1215/1212/21211215 11:48
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HUMANRES: CITYCLERK
PAGE 1213
If applicable. please attach any repair bUls, estimates or IIImNsr dor>Uf'lH nts suppcrtlng your claim.
READ CAREFULLY
For all accident claims. piece on following dlagrllm name of
, stnIets. Including North. ësst, Sout/), and Wast; indica. place of
accident by "X" end by ahowlng house numbers or distances to
street comers. If City/Agency Vehiole was InwlvBd. designate by
letter "A" location of Clty/Agency Vehicle when you first Saw It,
and by "S" Iccation of yourself or your vehlQ/e when you first saw
city/Agency Vehicle; location of City/Agency vehicle et time of
accident by "A-1" and loo8tion of yourself or your vehicle Ell the
time of the a<:cldent by "B-'" end the point oflmpaot by "x."
NOTE: It diagrams below do not fit the situation. attach hereto a
proper dlaQn1m signed by claimant.
-#1/ I~L
SIDEWALK
CURB -40
W ;/¡/ m Fr
PA~AY
SIDEWAI..K
Warning: Presentation of a false claIm is a felony (Penal Code §72). Pursuant 10 CCP §1038. 1hs City/AgenCy may seek
to recover all costs of defense In !he event an action Is filed which is later cfetelTl1ined not to have been brought In good
faith and with reasonable cause,
Signature: ~.~
Date: 6 -/7...;..o(
Page 3 of 4
Telephone (213) 383-0500
THE LAW OFFICES OF
JACOBSON & ASSOCIATES
A PROFESSIONAL CORPORATION
3580 Wilshire Boulevard
Suite 1600
Los Angeles, California 90010
e-mail: jacobsonlaw@prodigy.net
Telecopier (213) 380-0901
Of counsel
Rick W. Manthei
NOTIFICATION OF ATTORNEY EMPLOYMENT AND RETAINER
This will certify th~e ¡¿~ IdEAl"
D iAJJ::'N J::
have retained the services of a law firm of JACOBSON &: ASSOCIATES,
A Profess~onal Corporation,
located at 3580 Wilshire Boulevard,
Suite 1600, Los Angeles, California 90010, to represent Øs in
reference to @ur accident that occurred on ("> Cj/?"I.../t."
DATE:
(~"5/2y'/O)
¡.., t<.£'vU t) t-J~S'
, (PRINT NAME)
DATE:
(SIGNATURE)
(PRINT NAME)
DATE:
(PRINT NAME)
(SIGNATURE)
DATE:
(SIGNATURE)
(PRINT NAME)
DATE:
(PRINT NAME)
(SIGNATURE)
Telephone: (213) 383-0500
THE LAW OFFICES OF
JACOBSON & ASSOCIATES
A PROFESSIONAL CORPORATION
3580 Wilshire Boulevard
Suite 1600
Los Angeles, California 90010
e-mail: iacobsonlaw@prodigv.net
0
~GI ~,~L
Telecopier: (213) 380.0901
Of counsel
Rick W. Manthei
June 17, 2005
City of Tustin
City Clerk Office
300 Centennial Way
Tustin, CA 92780
CERTIFIED MAIL-RETURN RECEIPT REOUESTED
Re:
Our Client:
Date of Loss:
Location:
Keven Owens
May 22, 2005
Dear Sir/Madam:
Please be advised that this office has been retained to represent the interest of the above named
clients for injuries and damages arising out of the above referenced accident.
Enclosed is the original Claim for Damages Form completely filled out and a copy of the same.
Kindly conform the copy and forward back to our office in the self-addressed stamped
envelope herein also included for your convenience.
We would appreciate it if you would confirm coverage by mail and advise us of the name of the
adjuster handling this claim. You are directed not to communicate with our clients. Please direct
all future communication to the undersigned.
We will provide items of special damages as they become available.
Your courtesy and cooperation in this matter would be appreciated.
Very truly yours,
JACOBSON & ASSOCIATES
1~
JERRY A, JACOBSON
Attorney at Law
JAJ/sp