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HomeMy WebLinkAboutItem 3.4 Dublin Sports Park Claim r (9:qt of DtiBiT AGENDA STATEMENT Meeting Date: December 27, 1982 SUBJECT : Claim of Jack Pearson on behalf of Christopher Pearson EXHIBITS ATTACHED : Claim dated December 8, 1982 RECOMMENDATION : Deny claim and notify claimant bfr FINANCIAL STATEMENT: None DESCRIPTION : Jack Pearson on behalf of his son Christopher Pearson has filed a claim against the Dublin San Ramon Services District, Contra Costa County and City of Dublin for alleged injuries which occurred at the Dublin Sports Grounds. The total amount claimed is $500,000. It is Staff's recommendation that the claim be denied and the claimant notified of the City's action. 7 COPIES TO: Ben Fernandez / Mike Nave ITEM NO. �• 7' Jack Pearson c/o Richard Blumberg 0 MADWAY BLUMBERG BISHOP & SMITH Gideon Anders LAW OFFICES Washington Counsel Catherine M. Bishop 2150 Shattuck Avenue, Suite 300 Roisman,Reno&Cavanaugh Richard E. Blumberg Berkeley, CA 94704 1016- 16th St.,NW , David B. Bryson Suite 800 James R. Grow (415) 548-9400 Washington,DC 20036 David M.Madway (202)659-0050 Daniel D.Pearlman Gordon Cavanaugh Michael G. Smith Admtned only in Pa. .Frances E. Werner Lee P.Reno Admitted only in D.C. Of Counsel: December 8, 1982 AFlortetnedconWag Dtaan Roisman Arnold C. Sternberg Admitted only to D.C. Property Management Specialist: RECEIVED Margaret Weitkamp Non.anornec DEC 131982 Mrs . Roberta Jessing CITY OF DUBLIN Assistant General Manager Dublin/San Ramon Service District 7051 Dublin Blvd. Dublin, CA 94568 Dear Mrs. Jessing: Pursuant to the California Government Code, this letter is intended to provide mandatory notice to you of an injury which occurred on Dublin/San Ramon Service District property. You are hereby notified of an outstanding claim against the cities of Dublin/San Ramon and the Service District, and Contra Costa County lodged by Christopher Pearson, a minor 17 years of age, by Jack Pearson, his father and next of kin and guardian ad litem. The Pearsons reside at 1175 Cottinger Drive, Pleasanton, CA 94566 . However , for the purpose of all future notices and communications, please forward same to me, their attorney, at the above address . The accident which is the subject matter of this claim took pace on September 19 , 1982 at approximately 1:45 p.m. at soccer field #3, in the Dublin Sports Park. The nature of the 1 accident is as follows: Christopher Pearson was engaged in the play of a soccer game sponsored by the Ballistic United Soccer League of the Livermore Valley. During the course of the game, while playing his 'position as a forward, Christopher stepped into and tripped over a sprinkler hole on the playing field and fell to the ground. He was carried from the field by his teammates and remained out of the game. The sprinkler hole was dangerously deep and the sprinkler head dangerously high above the ground, thereby combining to create a dangerous condition on the soccer playing field. Additionally, the responsible cities, county • 0 0 Mrs . Roberta Jessing December 8, 1982 Page Two and/or district failed to provide adequate supervision of the playing field. As a direct result of the negligent maintenance, operation, and installation of the sprinkler and sprinkler hole, and due to the failure to provide adequate supervision, Christopher Pearson suffered severe injury (palsy) to the common peroneal of the left leg and damage to the protective layering and some severing of nerve fibers which has rendered him unable to lift , lower, or position his foot or leg. Every muscle below his knee which is controlled by the peroneal is affected. He has lost feeling from his foot to approximately his knee, and is presently wearing a leg brace which is necessary for walking and all other normal leg and foot movements . Christopher has been treated and is under- going continuing treatment at Kaiser Hospital and with Dr. Cohen of Livermore for this condition. At the present time , the doctors predict a one-year to three-year recovery period during which time they hope to use physiotherapy to train other muscles in the leg to perform the normal operations now rendered impossible by the peroneal damage. The most hopeful prediction is for 8070 recovered use o4 the leg; other predictions from competent medical sources are far less hopeful. It should be noted that Christopher, who has recently received a scholarship offer for soccer from Brown University, will never again play competitive soccer. In fact , his ability to partake in any serious athletic activity is apparently permanently impaired. Based on the severity of Mr. Pearson' s personal injury, the distinct probability that he will suffer permanent injury and will never fully recover normal use of his leg, his inability to play, and, further, for the purpose of compliance with statutory require- ; ments DEMAND IS HEREBY MADE upon the governmental entities listed above for payment to Christopher Pearson in the amount of $500 ,000. The specific names and offices of the city/district/county employees directly responsible for the maintenance, operation, installation, and provision of the sprinkler system, and for supervision of the field and all activities sanctioned for its use is unknown at this time but can be easily ascertained by the city/district/county and the Pearsons upon discovery. Further details will be provided when known. 0 :041700 Mrs . Roberta Jessing December 8, 1982 Page Three I will appreciate your contacting me at your earliest convenience to acknowledge receipt of this claim and, if applicable, to provide me with notice of the type and amount of insurance that you have in effect, the name and address of the carrier a adjustor torthem so thatayoustatement maybe protec have tedunder reported this this c your policy coverage. I will appreciate all future communication in this matter to be directed to me at the above office. Very truly yours , /22Lc /L Richard E. Blumberg REB:mr cc: Christopher Pearson Jack Pearson