HomeMy WebLinkAbout08 CLAIM(BLACK) 01-33 09-17-01AGENDA REPORT
NO. 8
.69-17-01
MEETING DATE:
TO:
FROM:
SUBJECT:
SEPTEMBER 17, 2001
180-10
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
CLAIM OF LARRY BLACK; CLAIM NO. 01-33
SUMMARY:
The City Attorney is recommending that the City Council reject Claim No. 01-33, Larry
Black.
RECOMMENDATION:
After investigation and review by this office and by the City's Claims Administrators, 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 alleges property damage to his automobile caused by a traffic cone
marker in the roadway. The alleged damages are $473.12. Sequel Contractors, Inc.
was working in this area at the time of the incident. The traffic cone was placed by
Sequel or one of their subcontractors. This is a case of doubtful liability for the City.
The City did not create a dangerous condition on the roadway. If any dangerous
condition existed, it was created by Sequel. The claimant is also likely at fault for the
incident because he was following very closely to the truck in front of him and when the
truck changed lanes, he did not have adequate time to slow down or avoid hitting the
traffic cone. It is recommended that the City Council reject the claim.
ATTACHMENTS:
Claim
41409\1
CiTY OF TUSTIN ' .
,;LAIM AGAINST THE CiTY OF FUSTIN
(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 (~
months after the incident or event occurred. Be sure your claim is against the City of Tustin, not another
·
-- o
public entity. Where space is insufficioat, please use additional Paper and idontify information by
para§raph number. Completed claims must be mailed or delivored to.tho City Clerk, City of 'l'ustin, 300
Centennial Wa~, 'l-ustin, California @27~0.
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'
.
So
Address of Claimant: ~.~ ,,--.
Cify/ZipCode: ;_ ....,.-&,:..',,..
Telephone Number: ..
Date of Birth'
f. Social Security Number:
g. Driver License Number:
Name, telephone, and' post office address to which claimant desires notices to be sent (if other than
above)' ~,..::;-,.,~ ,:~ o.~'-~-.i', ~
o
This claim is submitted against'
a... 'X... _The City.of Tustin only.
b. The following employee(s) of the City of Tustin only:
Co
.The City of Tustin and the following employee(s)of the City of Tustin only:'
.
Occurrence or event from which the claim arises'
a. Date' -z_- '?..'z -- o ~
b. Time' ,~ ~,,.,;,_~_. ¢__: i :-~ ~,.~ ..
c. Place (Ex~t and Specific Location): ~ .~-~._~;.;~...g!.?~. .,.x~-" ~,~ o¢ ~,?,zs~e,~t. t~. ~
~& ,~,~ ~-~-k ..¢~-,-, '~.~_~. J -
d. How and'under what c~rcumstahCes di~ damage or inju~ occur? Speci~ the pa~icular
occurrence, event, act or omission you claim c~use~ the inju~ or ~m~e (use aCdition~l
,
e,
· . ~\ . · ¢. " .
What pa~icular action by the City, or its employees, caused the alleged damage or
' -- t~ - - ' ~ . - '-' l
......
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".
e
Give the name(s) of the City employee(s) causing the damage or injury:
.
Name and address of any other person injured:_ P!A ...'
o
Name and address of the owner of any damaged property:_
,.
,.
10.
Damages Claimed'
a. Amount claimed as of this date:
_
b. Estimated amount of future costs'~
c. Total amount claimed'
d. Attach basis for computation of amounts claimed (include copies of ali bills, Invoices,
estimates, etc.).
Names and addresses of all witnesses, hospitals, doctors, etc.
--,~.\..,- , .... I1~-,,,.- ;,x
.,J
WARNING'
IT IS A CRIMINAL OFFENSE TO FILE A FALS-E CLAIM
(Penal Code Section 72; Insurance Code Section 556.0)
! have read the matters and statements made in the 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
believe the same to be
~..~, ,~, .,,.
~'"~ ;" ' ; 'r,..,,,
Executed this i .'2.-' y of V", r,~,..~ .... 20 o___,_~.
:.ate filed this t ~'~ day of_ .!~'l,?-,,--,,l'N, ....... 20 ?-~4---.
2:CLAIM (1100)
4/20/01 10:50 AM
1272
0
Mitchell
CONTINENTAL AUTOBODY
18651 BEACH BLVD. HUNTINGTON BEACH, CA 92648
(714) 847-1241
Fax: (714) 847-7812
Damage Assessed By: Tom Bristow
Condition Code: Good
Deductible: UNKNOWN
Ow/3er
Address:
Description:
Body Style:
VIN:
Color:.
LARRY BLACK
1994 Acura Integra RS
2D Cpe
WHITE
Mitchell Service: 914703
Drive Train:
License:
1.8L lnj 4 Cyl 5M
Hrle
1.
--
1
2
3
4
5
6
7
8
9
10
Entry
Number
401070
900500
401100
401150
401180
AUTO
933003
AUTO
AUTO
AUTO
Labor
Type Operation
REF REFINISH
REF * REMOVE/REPLACE
BDY OVERHAUL
BDY REPAIR
BDY REMOVE/REPLACE
REF ADD'L OPR
REF ADD'L OPR
REF ADD'L OPR
ADD'L COST
ADD'L COST
Une Item
Descriplion
BUMPER/GRILLE COVER
FLEX ADDITIVE
BUMPER/GRILLE ASSY
BUMPER/GRILLE COVER
BUMPER/GRILLE EMBLEM
CLEAR COAT
TINT COLOR
COLOR SAND & BUFF
PAINT/MATERIALS
HAZAP~0US WASTE DISPOSAL
*- Judgement Item
#- Labor Note Applies
C - Included in Clear Coat Calc
Part Type/
Part Number
**Qual Repi Part
Existing
75700-ST7-A00
Dollar
.Amount
Labor
Unil~
C 2.8
12.00 * 0.0'
2.5 #
2.0*#
15.95 INC #
1.1
1.0'
0.8
107.80 *
0.78 *
We Do Not Accept Any. Credit Cards
ESTIMATE RECALL NUMBER: 4/20/01 10:47:16 1272
UltraMate is a Trademark of Mitchell International
ichell Data Version: APR...01_A Copyright (C) 1994 - 2000 ~ell International
~aMate Version: 4.6.004 All Rights Reserved
Page
of
!il.
Labor Subtotals
Body
Refinish
Units Rate
4,5 32.00
5.7 32.00
Non-Taxable Labor
Labor Summary
10.2
Additional Costs
Taxable Costs
Sales Tax
Non-Taxable Costs
Total Adcr~ional Costs
Add'l
Labor
Amount
0,00
0,00
Sublet
Amount
__
0.00
0.00
7.500%
Totals
144.00
182.40
326.40
326.40
Amount
107,80
8.09
0.78
116.67
Date:
Estimate ID:
Estimate Version:
Preliminary
Profile ID:
4/20101 10:50 AM
1272
0
Mitchell
Part Replacement Summary
Taxable Parts
Sales Tax
7.500%
Total Replacement Parts Amount
Adjustments
Customer Respona~ility
Amount
27.95
2.10
30.05
Amount
0.00
I, Total Labor:
II. Total Replacement Parts:
II1. Total Additional Costs:
Gross Total:
326.40
30,05
116.67
473.12
IV. Total Adjustments:
Net Total:
0.00
473.12
Point(s) of Impact
12 Front Center (P)
This is a omliminary, estim_a.t.e.
Additional chan~es to the estimate may be r.e.quired fo~.the ..actual repair.
ESTIMATE RECALL NUMBER: 4/20/01 10:47:16 1272
UitraMate is a Trademark of Mitchell International
~chell Data Version: APR_01_A Copyright (C) 1994 - 2000 Mitchell International
v~aMate Version: 4,6,004 All Rights Reserved
Page
of