HomeMy WebLinkAbout1977-01-18; City Council; 4051; Claim against the CityDILL N
DATE :
DEPARTMENT: ___ City Attorney
Bubiect:
CLAIM .AGAINST THE CITY - DONHA fiAWARY
of the Matter
Initial:
Dept.II.cl.
C. Atty
C. Mgr <
• v,,.'
A claim has been filed against, the City of Carlsbad by Donna
Manary , through, her attorney, in the amount of $20,000,. 00, as
a result of an automobile accident caused by a nud slick con-
dition on a portion of Rancho Santa Fe Road. She claims no
signs or warnings were posted indicating hazardous road con-
ditions .
Exhibits
Claim for damages form'filed by claimant.
Resolution No.^/"fl/ denying claim.
Re coraraenda t i on
The City Council adopt Resolution No. tf^ ?'?' deny ing the claim
• and 'directing the City Attorney to refer the matter to the
City's insurance carrier.
- (Claim should be fi'-^ with the City Clerk, of •" e City of Carlsbad,
City Hall, 1ROO Elm ,.\/enue, Carlsbad, Californ... 92008 within 100 days
after accident. Where space is insufficient, use additional paper and
-•1'l?£lt'' fv. _!?J1. nPiLLPPr1< s to P a r a n r o p h j HJ mj) o_r) •-—- ~ — -
CLAIM AGAINST CITYOF CARLSBAD
X-7-77
(Section 910 of the Government Code)
;^ ^;:njs'v6 Claimant: DONNA _ MANARY ____
Address of Claimant: 1(563 Alta Vista Drive
Vista, California 92083 • -' Phone No. 724-6899
2. Name and post office address to which person present ing claim
desires notice to be sent:
David IP.. Larkin
323 E. Broadway, Suite D Vista,CA. 92083
3. Occurrence or transaction'which gives rise to claim:
(a ) Dat'e j_0ctober_!_,___!97_6__ _Time approx. 10-10:30 p.ra.
(h) Placer Rancho Santa Fe Road, Carlsbad
(c) Specify the particular act or omission you claim caused the
injury or damage. Include a statement of'. how or wherein the
City -or its employees were at fault.
4. Full description of the circumstances involved in the act or
•omission referred to in Paragraph 3 out of which the alleged
injury or damage arose:
Slick, mud, .on the, road from nonstrnnti on. work- rin
no warnings of hazardQus_c.QDdi-t.i..Q£s.^
5. General description of injury, damage or loss (so far as known as
of date of this claim): frequent head aches, left leg injury, eye glasses,
business loss.
6. Name or names of public employee or employees causing injury,
.damage or loss if known. (If not known, state "Not known".;
7. .(a) Name of owner and description of property damaged:
DONNA MANARY
- •' -Auto Totaled
(Claim - Page two)
(b) Name of owner and description of•personal injury
>: . f
^ ' ' DONNA MANARY-' See # 5
8.' Amount claimed: ;
(a) Amount claimed as of date of claim: $ 10,000.00
(b) Estimated amount of any prospective
injury, damage or loss: • . • $ 10,000.00
(c) Total amount claimed: . $ 26,.000.00_
(d) Basis of computation of the amount claimed:
9. Name and address of witnesses, doctors, hospitals, etc.
NAME ADDRESS PKONE.
1. CANDY SMITH 9220 lone Jack Rd., Oleverihein 436-0526
2. Mrs. Sandra Boaver 3215 Azahar Place, La Costa, Carlsbad . 436-2969
. 3.'Mr. David Beaver 3215 Azahar Place, la Costa, Carlsbad 436-2969
' Kathy Beaver "" "•' r^" ^~ ~M ^
10,. Additional information that might be helpful in considering claim:
7
' • I am very familiar with the road as I drive it almost every day - conditions
were unexpected.
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 and as to such matters I be-
lieve that same to be true. I certify under penalty of pe'rjury that
the foregoing is true and correct.
Dated: // & , 19// at
Claimant
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RESOLUTION NO. 4077
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A
CLAIM AGAINST THE CITY..
WHEREAS, on January 6, 1977 Donna Manary , through her
attorney, filed, a claim against the City of Carlsbad in the amount
of $20,000.00; and
WHEREAS, State law requires that the City Council consider
all claims and take action to approve, approve in part, or deny
said claim;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council has considered the facts and
circumstances of the above-ref erenced claim.
3. That the City Council hereby denies said claim.
4. That the City Attorney is directed to forward a copy
of this resolution to the claimant and to the City's insurance
carrier and to comply with all other notice requirements provided
by law.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad, California, at a regular meeting held on the
day of ,1977, by the following vote, to wit:
AYES:
NOES:
ABSENT :
ROBERT C. FRAZEE, Mayor
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)