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Home My WebLink AboutMINUTES - 09162008 - C.23 (16) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO TY 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 on your claim.by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT: $15,000,000.00 Al]� 'I' r 2008 j Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MIGNON WILBOv COUNTY COUNSEL - MARTINEZ CALIF. ATTORNEY: R. NICHOLAS IiANEY DATE RECEIVED: AUGUST 082 2008 ADDRESS: 903 FIRST STREET, BY DELIVERY TO CLERK ON: AUGUST 08, 2008 BENECIA. CA 94510 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. AUGUST 11JOHN CULLEN , 2008 l Dated: By: Deputy IL FROM: County Counsel TO: Clerk of the Board of pervisors (. This claim complies substantially with Sections 910 and 910.2. ( ) This Claim 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). O 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: 1912 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV /OARD 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: AVID TWA CLERK,.By eputy Clerk WA 1. (Gov. code section 913). F 01 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 ofan attorney of your choice in connection with this matter. if you want to consult an attorney,you should do so immediately. *For.Addifioual Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1. am now, and at all times herein mentioned, have been a citizen of tine United States, over age 18; and that today i deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of,this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated/'i ArJ J"4e/ ,DAVID TWAT` CLERK By Deputy Clerk pp. y.ftr;; This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal"OTVIK]k gl t's[claims. The above list is not exhaustive and legal. consultation is essential4o und'e'rstand all the separate limitations;periods-tha,tPay apply. The limitations period within'wliieh suitchust 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 ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual ofthe cause of action. (Gov. Code S 911.'.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. if claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity_ E. Fraud. See penaltti-for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: . Claim Bv: Reserved for Clerk's filing stamp MIGNON WILBON _) FCONTRA D Against the County of Contra Costa or ) 2008 District) PERVISORS (Fill in the name) ) ACO. ) The undersigned claimanthereby makes claim against the County of Contra Costa or the above-named district in the sum of S 15, 000, 000 .and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) February 17, 2008 at 5: 22 p.m. 2. Where did the damage or injury occur? (Include city and county) At the intersection of Rumrill Blvd. and Rumr,ill Rd. ,' ,San Pablo, Contra Costa County, California.. 3. How did the damage or injury occur? (Give full details; use extra paper if required'! Because of the defective manner in which. the wheelchair ramp was designed ar installed, claimant was put into traffic 'on Rumrill Blvd. , hit by an auto- mobile and. s>jistained serious injury, incluc�inc at t�utation of both l legs. 4. N at particular act or omission on the part 0. county or is ct o icers, servants, or emp ovees caused the injury or damage? See. Attachment 4(a) . 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Unknown - - Public Works. Department y6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Claimant, who is wheelchair bound, was hit by an automobile and sustained catastrophic injuries, including amputation of both legs. ',7 was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) $5, 000, 000.00 special damages; $1 , 000, 000. 00 medical bills; $4, 000, 000.00 future medical care; $10, 000, 000. 00 pain, suffering, disfigurement and gener8. Rl clam i na r S e�s� z itnf s��, d��ttc s,�d ho!panlsf'ablo, .CA 94806 John Muir Hospital, Walnut Creek, CA Herrick Hospital / Alta Bates Medical Center,. Berkeley, CA 9. List the expenditures you,made on account of this accident or injury: DATE TIME AMOUNT $1 , 000, 000 in medical bills ■.a.■a.aaaaman a.a.aaaa■.aaMEN aaMEN■■aass aaaMae Boa use am a as as a s amps son a s aa.■ ........I j Gov. Code Sec. 910.2 provides "The claim shall be j signed by the claimant or by some person on his . j behalf." SEND NOTICES TO: (Attornev) ) Name and address of Attorney ) R. Nicholas Haney ) Attorney at Law ) aim is Signature) 903 First Street ) Benicia, CA 94510 ) Mignon Wilbon, 464 Heather Dr. , San _Pablo, CA (Address) PH: 707-746-1800 ) FX: 707-747-0277 ) ) TelephoneNo. 707-746-1800 )Telephone No. Mignon Wilbon - 510-222-3609 aaaa....aa...a..aa.a......a.aaa.aaaaaaaaaa as as aaaa■..............................■mal PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. .a a a a.a a a a a.a.a.a s a.Mania......asa.aaaaaa2aa6.0aaa.elm a0aaa 00 a a.a■a a,a a a a a.a .a am a s a.■al NOTICE: " Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thou$and dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. R. NICHOLAS HANEY ' ATTORNEY AT L.Aw 903 FIRST STREET BENICIA, CALIFORNIA 94510 PHONE: (707)746-1800 FAx: (707)747-0277 ATTACHMENT 4(A) 4(a) Claimant, who is wheelchair bound, was traveling south on the east sidewalk on Rumrill Blvd. intending to cross Rumrill Rd. After she went down the curb ramp, she was struck by a vehicle and sustained catastrophic injuries. This wheelchair ramp at that location was not up to code, had improper placement and grading, and was improperly designed and installed, which proximately led to the accident in which claimant was involved. Moreover, the sidewalk that claimant traveled on was unsafe and not to code. Rumrill Bld. at that location presented an unsafe and dangerous condition for a public roadway; the crosswalk, striping and access at that location further presented a dangerous condition. Claimant claims that Contra Costa County knowingly created these dangerous conditions at this intersection, or allowed said dangerous conditions to exist, and willfully failed to protect members of the public such as claimant.