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HomeMy WebLinkAbout4.4 ClaimDeLaFuente 84-8 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 24, 1985. SUBJECT Claim of Bette Jean De La Fuente Submitted June 7, 1985 EXHIBITS ATTACHED Claim for Personal Injuries Traffic Collision Report Supplemental Traffic Collision Report RECOMMENDATION  Deny the claim and notify the City's Insurance Broker and the claimant. ~ANCIAL STATEMENT: Medical Expenses $ 700 Lost Income 1,500 Ongoing Expenses, Pain & Suffering 22,800 TOTAL Claim $25,000 DESCRIPTION : The City of Dublin received a claim submitted on behalf of Bette Jean DeLaFuente on June 7, 1985. The claim is submitLed as a result of injuries sustained in an automobile accident on March 8, 1985. The claim contends that a traffic lane was closed and improper warning was given to the motorist. It appears that the accident occurred during the major street rehabilitation project, which was performed by an independent contractor,Gallagher and Burk, Inc. Staff has reviewed the agreement between and the olty and the Contractor and will advise the City's insurance carrier of the liability clause in the agreement and the evidence of insurance. Staff recommends that the City Council deny the claim and direct Staff to notify the City's Insurance Broker and the claimant. COPIES TO:Bette Jean De La Fuente c/o Barry J. Wolf, Attorney at Law 900 Lafayette St., Suite 306 Santa Clara, Ca 95050 Ben Fernandez, Insurance Broker 84-8 Dublin Blvd. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BARRY J. WOLF, ESQ. Attorney at Law 900 Lafayette Street, Suite 306 Santa Clara, California 95050 Telephone: (408) 246-1V?O !JUSt ? 19t 5 CITY C~ D'U~L;M Attorney for Claimant IN THE MATTER OF: BETTE JEAN DE LA FUENTE, Claimant, V. CITY OF DUBLIN, Defendant. NO. CLAIM FOR PERSONAL INJURIES I, BARRY J. WOLF, present this claim for damages on behalf of BETTE JEAN DE LA PUENTE, the Claimant. My post office address is Law Offices of BARRY J. WOLF, Attorney at Law, 900 Lafayette Street, Suite 306, Santa Clara, California 95050. I desire that all notices be sent to the above address. The date, place, /and other circumstances of the occurrence that give rise to this claim are as follows: On or about March 8, 1985, at approximately 2:30 p.m. Claimant was travelling eastbound on Dublin Boulevard when she was struck by an automobile which was originally travelling westbound on Dublin Boulevard but had turned~ to go southbound at the intersection of Golden Gate Drive causing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Claimant to collide with said vehicle and cause her the injuries described below. It is Claimant's contention that the City of Dublin created a dangerous condition of public property by placing pilons at the intersection of Dublin Boulevard and Golden Gate Drive wherein westbound traffic was prohibited from turning left at the signal light at the normal left hand turn lane, and no proper provision was made for warning or direction to westbound drivers thereby causing confusion to said drivers and proximately causing the collision as stated above. In addition there were no directional signs or persons directing traffic or to warn or eleviate this dangerous condition. A general description of the injuries incurred so far as it is now known is as follows: Severe injury to the lumbar spine, thoracic spine and cervical spine, with resulting residual muscle strain, pain, emotional distress, and reduced motion. As a result of the aforementioned injuries, Claimant has been unable to perform in her normal occupation therefore sustaining loss of income as well as reduced ability to engage in outside activities. The amount claimed as of the date of this presentation is $25,000. The basis of computation is as follows: Medical bills of approximately: $700.00 Lost income of approximately:~ $1500.00 Ongoing medical expenses, therapy, lost income, and pain and suffering, estimated at: $22,800 (PROOF OF SERVIC£ BY MAll. -- IOI~a. ~uls5 C. C, P.) )business I ,., t.,~,, o! ,*, b'.-,~ S~,~ .Z ,/,.~,.~ ~ ,~, t~..:, of San ta C la rs 900 Lafayette Street, / T~,~IRT~ Suite 306,. SantD Clar~a .Californ/a 95050 19 ! ~,.:.3 ~, ~.i~,. CLAIM FOR PERSONAL City of Dublin ~o,tate tha~eo, ~',:, ~e~,~'d i. Santa Clar~ Mr. Richard Ambrose City Manager/City Clerk City of Dublin 6500 Dublin Blvd., Suite 101 Dublin, California 94568 BD P~BA R~ NEWMAN L~W OFFICES OF Lo r~ ~ o ~- & Date: June 6, 1985 To: Mr. Richard Ambrose City Manager/City Clerk City of Dublin 6500 Dublin Blvd., Suite 101 Dublin, CalifDrnia 94568 Re: De La Fuentev. City of Dublin RECEIVED 'JUN ? 7985 CITY OF DU~UN Enclosures: Claim for Personal Injuries and proof of service Greetings: x Enclosed for your records. Enclosed as you requested. Please call me immediately about this. indicate receipt on duplicate copy x Please/E~ date, and return the enclosed:to me. x Envelope enclosed. Please arrange an appointment im~,ediately. Please send to me the following: Other: BJW:def Very Truly Yours, LORMON & WOLF Barbara Ne,'ma n Secretary to Barry J. Wolf, Esq. .~.F=.~- COMPANIES AFFORDING COVERAGE · Corroon & Black _~~ ~ San Francisco, CA 9kLZ1 LE~EZ ~ ~stern ~ployera 1nsurance Company ~ Tel: (~15) 981-0600 -- ~Y ~f~ Gallagher & Burk, Inc. ;~ P O. BOX 7227 [COMPANY D COMPANY TYPE OF INSUPANCc- IERAL LIABILITY CCMPREHSNSIVE FORM GL A-3 1183 35075 PREMISES/OPEPATIONS UNDERGROUND EXPLOSION & COLlaPSE H~RD PRODUCTSiCCMPL~ED OF5~T~ONS CONT~CTUAL ~ ~NOEPENDENT OONTP~CTO~S ~ ow~o ,~s ( ,,~v. ~. ) ~/1/83 BA a3 1183 35075 EXCESS LIABILITY IA I WORKERS' COMPENSATICNCA ~C /*3 1183 26173 $5OO lS 5OO $250 IS 250 $ $ ~/z/83 pE~$CNALINJURY $ SOO 500 (EACH ACC:OENI~ $IncI, (DISEASE-POLICY $~{/A (DISEASE EACH EMPLOYE~ All operations performed by or for the Named insured in connection with Raconatr~ction of Dublin Boulevard, Amador Valley Boulevard and Village Par~¢ay Progr~n. City of Dublin P.O. Box 23&0 Dublin, CA 94568 NARRATIVE/SUPPLEMENTAL .^.,,^~,.,. [] .,,..~ ....... ,,. SHOmLO ~'Z L~L~o AS 'J- Z . 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