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HomeMy WebLinkAboutItem 3.4 James Tomte Claim CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 14, 1983 SUBJECT Claim of James A. Tomte on behalf of Stephanie Tomte, 7211 Avon Court, Dublin, CA EXHIBITS ATTACHED Claim RECOMMENDATION Deny claim and notify claimant and insurance company FINANCIAL STATEMENT: Claim for $100 , 000 in general damages + medical expenses . Wage loss and loss of earning capacity yet to be determined. DESCRIPTION The City, on November 8 , 1983 , received a claim from James A. Tomte, 7211 Avon Court, Dublin, CA on behalf of Stephanie Tomte for damages that resulted from an alleged assault while claimant was employed at Dublin Community Pool . Since the City has no responsibility for the maintenance or operation of the Dublin Community Pool, and further, since the City is fully insured, it is Staff ' s recommendation that the City Council deny the claim and notify the claimant and the City ' s insurance company. ---------------------------------------------------------------------------- COPIES TO : James R. Chiosso, Gwilliam & Ivary 616 Central Bldg. -436 14th Street ITEM NO. �• � Oakland, CA 94612 Stephanie Tomte, c/o James A.Tomte 7211 Avon Court Dublin, CA 94568 .1 1 CLAIM AGAINST 2 CITY OF DUBLIN 3 (a) Name and address. of claimant: Stephanie Tame, a minor, by and through her parent James A. Tame, 7211 Avon Court, Dublin, California 94568 4 5 (b) Send all notices to: 6 GWILLIAM & IVARY 616 Central Bldg . - 436 - 14th Street 7 Oakland, California 94612 8 (c) Date of occurrence: August 4 , 1983 i 9 Place of occurrence: Dublin Community Pool j 10 11 Circumstances of occurrence: On the above date plaintiff was working at the Dublin Camtnunity Pool as part of a work credit program through 12 Dublin High School, she was assaulted by 3 minor boys, as a result of the careless and negligent supervision of the program & the negligent. maintenance, 13 control and supervision of the premises causing a danagerous condition of public property. 14 (d) General description of injury, damage , or loss incurred: Claimant's clothes were torn and she was bruised and scrapped, causing 15 severe emotional distress resulting in additional physical injuries, stanach 16 problems, nervousness, etc. 17 18 (e) Amount of claim and basis of computation: 19 General damages: $100,000.00, medical expenses in an amount as of yet undetermined, wage loss and loss of earning capacity in an amount as of yet 20 undetermined. 21 Dated: November 8, 1983 22 GWILLIAM & I Y 23 B 24 25 Receipt of a copy of the within claim in hereby 26 acknowledged this day of 19 A. 27 28 GWILLIAM & IVARY _ ATTORNEYS AT LAW _ C[NTNAI e1oo. :1.6. larn B7REET OAKLAND. CA 94612 832.5411 . [A coo[ Aye 1 CLAIM AGAINST 2 CITY OF DUBLIN 3 (a) Name and address of claimant: Stephanie Tomte, a minor, by and through her parent James A. Tame, 7211 Avon Court, Dublin, California 94568 4 5 (b) Send all notices to: 6 GWILLIAM & IVARY 616 Central Bldg. - 436 - 14th Street 7 Oakland, California 94612 8 (c) Date of occurrence: August 41 1983 9 Place of occurrence: Dublin Community .Pool 10 11 Circumstances of occurrence : On the above date plaintiff was working at the Dublin Ccnnunity Pool as part of a work credit program through 12 Dublin High School, she was assaulted by 3 minor boys, as a result of the careless and negligent supervision of the program & the negligent maintenance, I 13 control and supervision of the premises causing a danagerous condition of public property. 14 (d) General description of injury, damage, or loss incurred: Claimant's clothes were torn and she was bruised and scrapped, causing 15 severe emotional distress resulting in additional physical injuries, stomach 16 problems, nervousness, etc. 17 18 (e) Amount of claim and basis of computation: 19 General damages: $100,000.00, medical expenses in an amount as of yet undetermined, wage loss and loss of earning capacity in an amount as of yet 20 undetermined. 21 Dated: November 8, 1983 22 GWILLIAM & I Y 23 B 24 25 Receipt of a copy of the within claim in hereby 26 acknowledged this day of 19 27 28 LLIAM 6 WARY JUN CY9 AT LAW Ca.—AL SLOG. S-14Th 6TAEET '.LAND, CA 94612 932-11411 .46A C. •n