HomeMy WebLinkAboutItem 3.3 Richard Leon Duncan Claim (2) 116 - 60
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 9 , 1984
SUBJECT Claim of Richard Leon Duncan, et al .
EXHIBITS ATTACHED Claim
RECOMMENDATION Deny claim and notify City ' s Insurance Carrier 6
FINANCIAL STATEMENT: Claim computed at present in excess of $7 . 6 million
DESCRIPTION Ors February 13 , 1984 the City Council took action to
deny application for leave to present a late claim. The claim was in excess
of $12 million and was for personal injuries .
On June 29 , 1984 the City received a Claim for Wrongful Death prepared by
Mr . Duncan ' s legal counsel . It is Staff ' s recommendation that the City
Council deny the claim and notify the City ' s insurance carrier .
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` COPIES TO: Richard L. Duncan, et al
7620 Amarillo Road
ITEM NO. � .� Dublin, CA 94568
Martin W. Basiszta, Esquire
22693 Hesperian Blvd. , Ste. 160
Hayward, CA 94541
Michael R. Nave, City Attorney
Ben Fernandez , Insurance Broker
„ ECIVED
1 'JUN 291984
1 MARTIN W. BASISZTA, ESQ. CITY OF DUBLIM
DAVID Y. WONG, ESQ.
2 BASISZTA & DANIELS
Hayward Air Plaza, Suite 160
3 22693 Hesperian Boulevard
Hayward, CA 94541
4
(415) 887-3131
5
Attorneys for Plaintiffs
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF ALAMEDA
10 RICHARD LEON DUNCAN, MARK
RICHARD DUNCAN, MICHAEL
11 PAUL DUNCAN, DAVID MILTON
DUNCAN, BONNIE MARIE DUNCAN, a
12 minor, through her Guardian ad Litem,
13 RICHARD LEON DUNCAN,
14 Plaintiffs, NO.
15 V. CLAIM FOR WRONGFUL DEATH
16 CITY OF DUBLIN and DOES ONE (Government Code S 910)
through TEN, inclusive,
17 Defendants.
18
19 TO: THE CITY OF DUBLIN:
20 YOU ARE HEREBY NOTIFIED that RICHARD L. DUNCAN, MARK R.
21 DUNCAN, MICHAEL P. DUNCAN, DAVID M. DUNCAN, and BONNIE M. DUNCAN,
22 a minor, through her Guardian ad Litem, RICHARD L. DUNCAN, whose address is
23 7620 Amarillo Road, Dublin, California, claim damages from the CITY OF DUBLIN
24 in the amount, computed as of the date of presentation of this claim, of
25 $7,674,697.25.
26 ,
BASISZTA & DANIELS
ATTORNEYS AT LAW
s
Hayward Air Plaza _1-
22693 Hesperian Blvd.
Suite 160
Hayward,California 94541
(4 15)887-3 13 1
1 This claim is based on personal injuries and the subsequent death of ILSE
2 DUNCAN, the wife of claimant RICHARD DUNCAN and the mother of claimants
3 MARK DUNCAN, MICHAEL DUNCAN, DAVID DUNCAN and BONNIE DUNCAN,
4 sustained on or about January 31, 1983, in the vicinity of Amarillo Road, north of
5 Luna Court, under the following circumstances:
6 That the deceased was struck and injured while walking on Amarillo
7 Drive, north of Luna Court, a public street in the City of Dublin, wherein she was
8 struck and injured by a motor vehicle. . Claimant suffered serious and debilitating
9 injuries in said accident, and died on April 16, 1984. The site where claimant was
10 injured was located between two lighted portions of Amarillo Drive, City of Dublin.
11 The name(s) of the public employee(s) causing claimant's injuries and
12 subsequent death under the described circumstances are not known to claimant.
13 The injuries sustained by claimant consisted of severe fractures of both
14
legs, a severe fracture,of the right arm, numerous injuries to her upper body and
15
a severe head injury causing claimant to lapse into a state of coma. As a result
16
of said injuries, plaintiff died on April 16, 1984.
17
The amount claimed, as of the date of presentation of this claim is
18
computed as follows:
19
Damages Incurred to Date:
20
Expenses for Medical and Hospital Care $241,264.25
21
Loss of Earnings for 1983 16,583.00
22
Loss of Earnings for 1984 6,850.00
23
Special Damages In Excess of 10,000.00
24
General Damages 5,000,000.00
25
Total Damages Incurred to Date In Excess of $5,274,697.25
26 ,
BASISI,TA & DANIELS
ATTORNEYS AT LAW —2—
Hayward Air Plaza
22693 Hesperian Blvd.
Suite 160
Hayward.California 94541
(415)887-3131
r
1 Estimated Prospective Damages
2 Future Loss of Earnings $ 400,000.00
3 Other Prospective Special Damages Amount Unknown
4 Prospective General Damages 2,000,000.00
5 Total Estimated Prospective Damages: In Excess of $2,400,000.00
6
7 All notices or other communications with regard to this claim should be
8 sent to the claimants at 7620 Amarillo Road, Dublin, California 94568, and their
9 attorneys, Basiszta & Daniels, Attorneys at Law, 22693 Hesperian Boulevard, Suite
10 160, Hayward, -CA 94541.
11 DATED: June 19, 1984
12 ASIS A & LS
13 By —
14 MA . ASISZTA
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26 -3-
BASIS"LTA & DANIELS
ATTORNEYS AT LAW
Hayward Air I'laza
22693 Hcsperian Blvd.
Suitc 160
Hayward.California 94541
(415)887-3131
PROOF OF SERVICE BY MAIL (CCP 1013a, 2015.5)
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
I am a citizen of the United States and a resident of the county aforesaid; I
am over the age of eighteen years and not a party to the within entitled action, my
business address is 22693 Hesperian Boulevard, Suite 160, Hayward, California 94541.
On June 272 1984 I served the within Claim for Wrongful Death on the interested
parties to said action, by placing a true copy thereof enclosed in a sealed envelope
with postage thereon fully prepaid, in the United States mail at Hayward, California,
addressed as follows:
Richard C. Ambrose
City Manager
City of Dublin
P. O. Box 2340
Dublin, CA 94568
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 27, 1984 at Hayward, Ca 'fornia.
Christine J. Pegan �(