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HomeMy WebLinkAboutMINUTES - 09162008 - C.23 (4) CLAiM BOARD OF SUPERVISORS OF CONTRA COSTA COUN BOARD ACTION: SEPTEMBER 16, 2008 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to California Government Codes. �{� ... you is your notice of the action taken v on your claim.Uy the Board of AUG 0 8 2008 Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT: UNKNOWN COUNTY COUNSEL Section 913 and 915.4. Please note all MARTINEZ CALIF. "Warnings". CLAIMANT: SHARON A. ISENHOUR ATTORNEY: SHARON.A. ISENHOUR DATE.RECEIVED: AUGUST 08, 2008 CEDERBORG & BRET ADDRESS: 1299 NEWELL HILL PLACE, SUIP U,IVERY TO CLERK ON: AUGUST 08, 2008 WALNUT CREEK;: CA 94596-5292 RECEIVED FROM BY MAIL POSTMARKED: RTCTZ M4TTACF'MFT1T FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN 1 Dated: AUGUST 08, 2008 By: Deputy i1. FROM.: County Counsel TO: Clerk of the Board of S ervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This Claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). O Other: Dated: By: `Deputy County Counsel 111.111. FROM: Clerk of the Board TO: County Counsel.(1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV.ABOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for. this date. Dated:4 G DAVID TWA';, CLERK, By eputy Clerk WARN].Itt (Gov. code section 913). Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. Il'you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side ofThis Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified col)y of_this Board Order and /�NNotiicce��/toCCllaimant, addressed to the claimant as shown above. Dated: � � - _Y _O DAVID TWA... CLERK By Deputy Clerk r h � r s.. This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in invyyerse;cond;eMhation, actions for specific.ir'elief such as mandamus or injunction, or FederalCvil�Riglits claims. The abovelistis not exhaustive ii.nd;lega! consultation is essential'to'duder's�thhd all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on : the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act .nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act RECEIVED SHARON HYMES-OFFORD AUG 0 1 2008 AUG 6 2008 CLERK BOARD OF SUPERVISORS CEDERBORG & BRET LLP CONTRA COSTA CO. ATTORNEYS AT LAW THOMAS V.BRET 1299 NEWELL HILL PLACE,SUITE 203 SHARON A. ISENHOUR MARK L.CEDERBORG WALNUT CREEK,CALIFORNIA 94596-5292 -OF COUNSEL- Phone: (925)947-1370 Fax: (925)947-1347 August 3, 2008 Contra Costa County Public Works 255 Glacier Drive Martinez, CA 94553 City of Martinez Department of Public Works 525 Henrietta Street Martinez, CA 94553 On Wednesday, July 30, 2008 I had a court•appearance in Department 61, Contra Costa County Superior Court. I parked, as I often do because parking is so difficult, up Main Street, past the Family Law Court toward the top of the curve. I began walking down the sidewalk, tripped on a piece of sidewalk that a tree root has uprooted, and fell. I broke my foot. Enclosed is a copy of the John Muir Emergency Room report. I am 64 years of age, never had a broken bone in my body. I am a walker and walk about 4 - 5 miles a day. I have had a horrible week, cancelling court appearances and making doctor's appointments. I have mentioned this incident to several other lawyer friends who park in that area and who have stated those sides walks are terrible and we have almost tripped many times. I have sent this letter to both the county and the city departments as I am not sure who has the liability for the sidewalks. I am most interested in filing a claim, not only to compensate me for the last week and the next 6 - 8 weeks, but also to prevent this from happening to others, who may break hips, legs, arms, etc. Please provide me with the appropriate form to file a claim. Very truly yours, Sharon A. Isenhour����� � G , IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2PTIN Physician: Jasmine Halloran, PA Date/Time: 30-Jul-2008 16:03 FRACTURE, FOOT (GENERAL) FOOT FRACTURE DIAGNOSIS: You have a fracture (break) of a bone(s) in your foot. These injuries often are splinted or placed in a special shoe initially. After the swelling has reduced, the foot may be placed in a cast or kept in the special shoe. Occasionally the fracture may require reduction (manipulation or setting) or surgery depending upon the severity. Follow-up by your physician or bone specialist (orthopedist) is necessary. INSTRUCTIONS: Wear your splint until you are seen by an orthopedist. Elevate your foot most of day higher than your hip (and on a pillow at night) especially for 'l st 2 days. Apply ice packs for 15-20 minutes every 1-2 hours for 2-3 days. Do not apply heat as this will increase swelling and pain. Do not bear weight on your foot. r] Ask your physician if he/she requires your x-rays for review for your follow-up treatment. If so, call the Radiology Department (925-947-5305) at least 24 hours prior to your appointment to arrange to pick up your x-rays. CONTACT THE DOCTOR IF: you develop numbness or bluish discoloration in one or more toes. Patient/Representative Signature Staff Signature N MUIR R H E H E A L T H John Muir Medical Center Walnut Creek Campus 0821200432 1601 Ygnacio Valley Road, Walnut Creek, CA 94598 ISENHOUR, SHARON 925-939-5800 Page 1 of 1 0880618 DOB: 3/9/1944 64y/F ' OI WCACO tD + - C14Uyvm ` tpUrn MOO fnd•� •� =&LN (Q LO L a a y Lo _ U .L d- .- © d a a v N _ � c v � ru r i,f VJ rrt cc: trt All O 7 � N u a _ 0 c U Y a o �w N t .. f