HomeMy WebLinkAbout4.07 Darci Townsend Claim ; -
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• CITY OF- DUBLIN
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AGENDA STATEMENT
- -- - . CITY COUNCIL MEETING DATE: . January 25, 1988
SUBJECT Claim submitted on behalf of Darci Townsend on
December 28, 1987 (0027DU)
EXHIBITS ATTACHED Copy of Claim -
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RECOMMENDATION
Q'
f, yeny claim and direct Staff to:
V 1) notify the claimant
2) tender the claim to Alameda County pursuant to
existing agreements .
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FINANCIAL STATEMENT: Alleged General and Special Damages in excess of
$50, 000 and Property Damage in Excess of $15, 000
DESCRIPTION On December 18, 1987, the City of Dublin received a
claim submitted on behalf of Ms. Darci Townsend.
On October 31, 1987, Ms. Townsend was involved in a traffic accident with
Officer Kuwitzky. Officer Kuwitzky is employed by the Alameda County
Sheriff's Department and is assigned to Dublin Police Services as part of
the City' s contract for law enforcement services . Officer Kuwitzky was
driving a marked patrol vehicle which is owned by the City of Dublin at the
time of the accident. The City owned vehicle sustained $3, 509. 23 in damage.
Consistent with established administrative policies, the accident was
investigated by the California Highway Patrol. This policy is used to
protect. against having an involved party investigate the collision. The .
cause of the accident as identified in the Traffic Collision Report was the
claimant' s violation of Section 21806 (A) of the California Vehicle Code, in
that she failed to yield the right-of-way to an Emergency Vehicle with its
red light and siren activated.
The claim involves Alameda County Sheriff' s personnel, and consistent with
our agreement, it would be appropriate to tender . the claim to Alameda
County. It is recommended that the Council deny the claim and direct Staff
to notify the claimant. .
COPIES TO: Bruce Gilbert, Black & Bland
4/67 . ABAG PLAN Corporation
ITEM NO.
0027 U
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REcEiv
Dec
8 7587
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 114914
To: City of Dublin
6500 Dublin Boulevard
P.O. Box 2240
Dublin, CA 94568
The Law Offices of Steven L. Weiner hereby present this Claim to
the city of Dublin pursuant to Section 910 of the California
Government Code.
1 . The name and post office address of the Claimant is:
Darci Townsend
11630 Manzanita Lane
Dublin, CA 94568
• 2 . The post office address to which Darci Townsend desires
notice of this Claim to be sent is as follows: c/o The Law
Offices of Steven L. Weiner, 2821 Crow Canyon Road, Suite 102,
San Ramon, California 94583 .
3. -On October 31, 1987, Darci Townsend was stopped at a
traffic light at the corner of San Ramon Road and Dublin
Boulevard in the City of Dublin, California, waiting to move
eastward onto Dublin Boulevard. When the light turned green,
Claimant proceeded into the intersection of Dublin Boulevard and
San Ramon Road, when a City of Dublin police vehicle was
negligently and carelessly operated and collided with Claimant's
vehicle.
4. As a result thereof, Claimant suffered injuries to her
person, and, has suffered mental and emotional injuries.
5 . So far as is known at the time of filing this Claim,
Claimant has incurred damages in excess of $50,000 .00 general and
special damages . Claimant has incurred property damage in excess
of) $15, 000 . 00 .
6. On information and belief, at the time of the
presentation of the Claim, the name of the public employee
responsible is Richard Donald Kuwitzky.
7 . At the time of presentation of this Claim, Claimant
claims damages according to proof.
DATED: December 23, 1987 .
LAW OFFICES OF STEVEN L. WEINER
By:: 1 ' i(91%--:--
:TEVEN L. WEINER
Attorneys for Claimant
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