HomeMy WebLinkAboutItem No.5REPORT TO CITY COUNCIL
TO: MAYOR & CITY COUNCIL
FROM: RON MOLENDYR, CITY MANAGER
DATE: February 23, 1993
SUBJECT: Claims Against the City
BACKGROUND
Claims filed against the City of Lake Elsinore are reviewed and
handled by Carl Warren & Company, Claims Administrators. When
received, each claim is logged in the City Clerk's Office and
forwarded to this company for investigation. After initial review
and investigation, direction is issued to the City to take one of
several actions such as rejection, notification of late claim or
reservation of action until further information is obtained.
The following claims have been recommended for rejection by Carl
Warren & Company:
Claim #93 -3 - Velia Hernandez
Claim #93 -4 - John Mayo
Claim #93 -5 - Lisa Scott
FISCAL IMPACT
None.
RECOMMENDATION
Reject the Claims as detailed above and direct the City Clerk to
send letters informing the Claimants of this decision.
PREPARED BY;
APPROVED FO]
AGENDA LI!
AG_;Z�. TFt.° 1n�.
DPJ r
1
JAN
CLAIM
2
VELIA HERNANDEZ [ "claimant "] hereby presents her claim to the
4 City of Lake Elsinore [ "City "] pursuant to Government Code,
5 Section 905 et seq.
6 1. The names and current post office address of claimant
7 is: Velia Hernandez, 16520 Nectarine Way, Lake Elsinore,
8 California 92530.
9 2. All notices relative to this claim should be sent to
10 Vernon C. Jolley, Attorney at Law, 8308 Magnolia Avenue,
11 Riverside, California 92504; (909) 343 -1833.
12 3. On or about September 16, 1992, City was wholly or
13 partially the owner, operator, controller, and /or maintainer of
14 the public streets, sidewalks, and /or walkways within the City of
15 Lake Elsinore, including, but not limited to, that sidewalk area
16 located at 500 W. Graham, within the City of Lake Elsinore,
17 County of Riverside, State of California.
18 4. That on or about September 16, 1992, claimant was
19 responsible for the maintenance, repair, adjustments, and /or
20 installation of all sidewalks systems incident and adjacent
21 thereto and was further responsible for the safe and prudent
22 placement and function of said facilities at or about the area
23 referred to above.
24 5. That on or about September 16, 1992, claimant was a
25 member of the general public and making lawful and proper use of
26 the above - designated public sidewalk areas when, by reason of the
27 acts and /or omissions of the City, its agents, servants and /or
28 employees, inclusive, claimant was caused to fall and suffer
1
:s
f
AGUZA ITEPA NO S
PAGE � p��
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
21
24
2:
2E
2'
21
severe and permanent injuries when she tripped over certain metal
objects protruding out of the sidewalk.
6. That the City so negligently designed, constructed,
marked, maintained, operated, controlled, and repaired the
sidewalk area referred to above that the City caused, created, and
maintained a highly dangerous and defective condition which
exposed members of the general public, including the claimant
herein, to a serious risk of grievous bodily harm.
7. That as a direct and proximate result of the negligence,
carelessness, and unlawfulness of the City, as aforesaid, the
claimant has been caused to suffer severe and painful injuries,
including, but not limited to, her upper and lower extremities,
all of which have rendered her sick, sore, lame and disabled and
which have further caused, and continue to cause, severe mental
and emotional distress.
8. That as a further, direct and proximate result of the
negligence and carelessness of the City, as aforesaid, the
claimant has incurred, and will incur in the future, certain
hospital, medical, surgical, x -ray and other related expenses in
the care and treatment of her injuries, the exact nature and
extent of which are presently unknown to claimant at this time.
9. That as a further, direct and proximate result of the
negligence of the City, as aforesaid, the claimant has been caused
to, and is suffering, a loss of earnings and earning capacity and
is informed and believes, and thereon alleges, that she will be
further incapacitated in the future, thus incurring future and
other loss of earnings and earning capacity.
10. The names of any public employees contributing to the
E
Y:.
AGENDA ITEM NO.
1
2
3
4
6�
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
incident are unknown to claimant at this time.
11. The jurisdiction for this matter rests in the Superior
Court for the State of California and venue is proper in Riverside
County.
DATED: January 18, 1993 By: ttvvv 1,
VERNON C. OLLE J
3
eb
x:
AGEr,4DA ITEF. NO.�_
PAGE I 1 OF�_
CLAIM AGAINST HE CITY OF LAKE ELSINORE
(For Damages o Persons or Personal Property)
Received By
( ame)
( `U FEB Q 1 1993 � E
f {' ' —'Uf 0
(�S .me - Date- .iteceivod)
A claim must be filed with the City Clerk of the City of Lake Elsinore
within six (6) months after which the incident or event occurred. Be sure
your claim is against the City of Lake Elsinore, 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 Lake Elsinore, 130 South Main Street,
Lake Elsinore, California 92330.
TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA:
The undersigned respectfully submits the following claim and information
relative to damage to persons and /or personal property:
1. NAME OF CLAIMANT
john M. Mayo
a. Address of Claimant 15148 Grand Ave. $3, Lake Elsinore, CA 92530 -5499
b. Phone No. ( 901
678 -9859 C. Date of Birth 211/52
d. Social Security No. 568 -82 -0554
e. Drivers Lic. No. E0653146
2. Name, post office address and telephone to which claimant desires notices
to be sent, if other than the above:
69XI1
3. Occurrence or event from which this claim arises:
a. Date January 13, 1993 b. Time 6:45 P.M.
c. Place (Exact and specific location) Corner of Grand & Blackwell
I was travelling south on Grand.
d. How and under what circumstances did damage or injury occur? Specify
the particular occurrence, event, act or omission you claim caused.the
injury or damage (use additional paper if necessary).
While driving down Grand Ave. on Wed. Jan. 13, 1993, I hit a pothole
on the road at the above location. The evening was wet and water
was on the road. Because of the rain,
when I hit the hole, it was a very ar
e. What particular action by the City or
alleged damage or injury?
traffic was slow, however,
3erx.
its employees, caused the
Failure to fix the road or to warn drivers of the hazard.
z:
7:
L:
f GDN'DA [TC ",4 NO. %
-_S
4. Were there any injuries at the time of this incident? If
there were no injuries, state "No Injuries ".
No iniuries
5. Give the name(s) of the City employee(s) causing the
damage or injury:
6. Name and address of any other person injured.
7. Name and address of the owner of any damaged property:
8. Damages Claimed: *I will not claim I only want
a. amount claimed as of this date: $ fnr th;c to be reimbur-
b. Estimated amount of future costs: $ 64.26 ed for the
C. Total amount claimed: $ 64.26 ire which haE
d. Basis for computation of amounts claimed (Include een bruised 6
copies of all bills, invoices, estimates, etc): is bulging.
*I have had the tire looked at, the rim which
incidan tt5ac haanhammaraA nrnt anA T
9. Names and addresses o
etc:
a.
Iem
got bent during the-
)lace one lost
cs, at the
accident.
But I am not
concerned about
these small chat
yes. I cnu worrie
about the safet;
C. of my tire.
10. Any additional information that might be helpful in
considering this claim:
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIMI
(Penal Code 72 /Insurance Code 556.1)
I 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 upon information or belief as to such
matters, I believe the same to be true. I certify under
penalty of perjury that the foregoing is TRUE AND CORRECT.
SIGNED THIS X7 DAY OF @ ri uA 1 , 192-1 AT EQ144(1S9 )0 ,
CLAIMANT'S
C LIFORNIA.
SIGNATURE•
x,
AGE:tZA ITEf.' NO.
PAGE—L- OF 01
CLAIM AGAINST HE CITY OF LAKE ELSINORE
(For Damages o Persons or Perso al Property)
-1-
Received By,
(Name) r,
(Time %Date Received)
A claim must be filed with the City Clerk of the City of Lake Elsinore
within six (6) months after which the incident or event occurred. Be sure
your claim is against the City of Lake Elsinore, 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 Lake Elsinore, 130 South Main Street,
Lake Elsinore, California 92330.
TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA:
The undersigned respectfully submits the following claim and information
relative to damage to persons and /or personal property:
1. NAME OF
a. Address of Claimant
b. Phone No. �Z I- ZZZ c.
d. Social Security No. �J�7 �7 " "C ✓!•
Date of
43
Drivers Lic. No. �167
2. Name, post office address and telephone to which claimant desires notices
to be sent, if other than the above:
<,7 /J-I.,7 22�' 22 /Aerr /.G ""A S . -ib—'— Z, 7
3. Occurrence or event from which this claim arises:
a. Date����r-- �. b. Time
c. Place (Exact and specific location) 'j-
d. How and under what circumstances did damage or injury occur? Specify
the particular occurrence, event, act or omission you claim caused.the
injury or damage (use additional paper if necessary).
/K P
RA
e. What particular action by the City or its
alleged damage or injury?
�n
1i
AC ,= .i• -ZA 17 ° NO. �J
-
FAI:r GF
4. Were there any injuries at the time of this incident? If
there were no injuries, state "No Injuries ".
5. Give the name(s) of the City employees) caus ng the
damage, or or i jury:
/ od✓I �
6. Name and address of any other person injured:
7. Name and address of the owner of any damaged property:
b. Damages Claimed:
uG J .< <—
a, amount claimed as of this date:
b. Estimated amount of future costs: $ 5-S-290, ix 710,.e�S
c. Total amount claimed:
d. Basis for computation of amounts cla med (Include
copies of all bills, invoices, estimates, etc):
9. Names and addr ses of all witnesses, hospitals, doctors,
etc:
a .
b.
C.
lo. Any additional nformation that m ght be helpful n
considering this claim: -2`S�i d�, /�� ��� �a v-e
12awn PAz, --17,7617,, , 1-tor6
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIMI C'
(Penal Code 72 /Insurance Code 556.1) �1�Icif
i,
I have read the matters and statements made in the above claim yp y
and I know the same to be true of my own knowledge, except as reed
to those matters stated upon information or belief as to such /A.
matters, I believe the same to be true. I certify under
penalty of perjury that the foregoing is TRUE AND CORRECT.
SI ED THIS �DAY OF AT `
�a
CAL�TfFqRNIA /�
CLAIMANT'S SIGNATURE: PV.
r
c.,
cam:
PAGE x OF--U
f>GCJ
174-
all
rich
77L�i� o �lC� LIB c
OPN
-fv-t�
j
-2- 71- C•JiSh 7V
tut, ahHlt
AGENDA ITEM INO- J
PACE 5- OF__a_