Loading...
HomeMy WebLinkAboutMINUTES - 01241984 - 1.23 • CLAIM BOARD OF SOF OMMh COSTA COIItTY, CALZFUMIA BOARD Jan. Jan. 2 , 1984 Claim Against the County, ) Im 70 CZAIMAW Imuting Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) ratice of the action taken on your claim by the references are to C&lifoniia ) Board of Supervisors (Paragraph III, below) , (Dvertment Code.) ) given pursuant to Oaverzment Code sections 913 i 915.4. Please note the "Warning" below. Claimant: Richard & Betty Johnson, for themselves and ;as representatives of the' Estate of Cynthia Ann Johnson Attorney: Linda G. Lipscomb County Counsel Alcoa Bldg. _ Address: One Maritime Plaza, Suite 1250 DEC 2 7 1983 San Francisco, CA 94111 Amount: 1o, oo8, 495. 83 Vartinez, GA 94553 By delivery to Clerk on Date'Received: Dec . 23, 1983 By mail. postmarked mPtm 221 Registered Main R 101 651 147 I. FROM: Clerk of the Board of Supervisors T+O: County Counsel Attached is a copy of the above-noted Claim. D,TED:Dec . 27, 1983 J.R. OQSSON, Clerk, By J , Deputy Helen . -171a Tno II. FROM: Ommty Cbunsel of the Board of Supervisors (Check one only) C�) This Claim =relies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to =rely substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board carrot act for 15 days (Section 910.6) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (5911.2) DATED: JOBAT B. CLAUSIIJ• County Counsel. By • qty . III.. BOARD ORDER By unanimous vote of Sbpeivisors presebt (X) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. � DATED: 047 /9t"-4i-J.R. OI.SSW, Clerk, by,� /D: YKQ" ► Deputy MNMM (( ov't. C. 5913) - Subject to certain ameptions, you Dave only six (6) months from the date this notice was personally delivered or deposited in the mail to file'a court action on this claim. See Goverment Code Section 945.6. You may seek the advice of any attorney of your cl»ice in oonoection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of County Counsel, 2 County AdiminiiEiitor Attached are copies of the above Claim. We ratified the claimant of the Board's action on this Claim by mailing a copy of this document, and a mono thereof bas been filed and endorsed on the Board's copy of this Claim in n000rdanoe with Section 29703. DATED:. aW—J. R. CISSON, Clrerk# by P h . Deputy 2� � CLAIM TO: BOWD OF SUPERVISORS OF CONTCOSTA COUNTY Instructions +,:o Clant X., ''Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) 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 (or mail to P.O. Box 911 , Martinez, 'CA) 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 en _ty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. ************************************************************************ RE: Claim by Richard & Betty Johnson, ))Reserved for Clerk' s filing stamps for themselves and as representatives of the F.gta P nf Cynth i A Ann ) Johnson. ) )F. Against the COUNTY OF CONTRA COSTA) or DISTRICT) J. R. OLSZON (F111 In name) ) CLERK BOAYDR001WMVISCRS E�iQQ15 /GI�BRVISORSuty B �SvC The undersigned claimant hereby makes claim a Contra Costa or the above-named District in the sum of , $ 10 , nna ,4,QS"A-I j and in support of this claim represents as follows : i ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) I i 9/14/83 at 3: 12 p.m. -- ----------- - ------- - -- ---- --- --- 2, Where did'the dancago-r-in---j-ury----occur:----- ---(Inclu----de-city-and county) ---- At the intersection of Willow Pass Road & San Vincente Drive j in Concord, California, Contra Costa County ------ ----- I 3. How did the damage or injury occur? (Give full details, use extra I sheets if required) Driver of a car struck and killed Cynthia Ann Johnson as she crosses; the street. See attached police report, which by this reference is incorporated herein as though fully I set forth at this place. The Police Report is Exhibit A of this claim form. -------••-----7----- ---e--------- -----------•�-------------------------- i 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Claimants believe, and upon that belief allege here that the inter- section was in the care, maintenance and control of the County of Contra Costa, and therefore claim against the County for the maintenance of a dangerous condition of public property. See Attach- ment (1) which is a continuation of .this part (4) . (over) Attachment (1) of claim form.: As stated in part (4 ) of the claim form, claimants believe that the intersection in question was under the care, maintenance and control of the public entity to which this claim is directed. Claimants have been unable to ascertain whether or not the public entity which is responsible for the care maintenance, and control of the intersection is the City of ..Concord, the County of Contra Costa, or the State of California, and the appropriate departments of each which have jurisdiction over the matters described herein. Claimants allege here, therefore, that each agency of the State, County, or City government which may have had control or responsibility for the intersection, permitted any other public entity which did in fact maintain., care for, or control the intersection, to do so as an agent of the responsible public entity. It is for this reason that claimants here exrlain that the us6 of the words "County" , "City", or "State" include all of the entities mentioned above, and the use of the words "County" , "City" , or "State" is for convenience and literal continuity, and is not meant to limit or exclude the actual acting party or parties. Identical claims have been made against the State of California, the County of Contra Costa, and the City of Concord, so as to preserve the claimants rights and to ascertain who the responsible public entity actually is. 263 Attachment (1 0continuation of Part ( 4) & claim form against the County of Contra Costa Claimants predicate liability of the County to them for injuries on Section 835 of the Government Code, in that the' C.ounty permitted a dangerous condition of its property to exist which dangerous condition proximately caused the injuries of claimants; that the dangerous condition created a reasonably foreseeable risk of the kind of injuries in- curred by claimants; that the wrongful or negligent acts and ommissions of Count ►ployees acting within the scope of their employment created the dangerous condition; and that the County had actual and constructive notice of the dangerous condition for a sufficient time prior to the occurrence of the injuries com- plained of to have taken measures to protect against the danger- pus condition, all more particularly described below: A dangerous condition of public property existed at the intersection of 1•.7illow Pass Road and can Vincente Drive where Cynthia Ann Johnson was killed on her way home from school on 9/14/83 by Douglas Gregory Mead, driving a 1969 Chevrolet auto- rrobi le. Although there was a traffic light at the intersection of Willow Pass Road and Farm Bureau Road, students leaving the Wren Avenue School, such as Cindy Johnson, were, in effect, forced to walk along the Eastbound/South side of Willow' Pass Road. The Westbound/North side of Willow Pass Road had and has no sidewalk, and borders a long expanse of open field (which is a Naval Weapons Station) . On this side, 264 Pane 3 of Attachment (1) of claim form • neither the ground is passable in inclement weather, nor would a 'reasonable parent permit a child to walk along this unpaved stretch of road bordering Willow Pass because it is unsafe. Recoani.zina. the. difficultvI.in ..a pedestrian's crossing Willow Pass at San Vincente, the County painted a .crosswalk at San Vincente and Willow Pass, inviting pedestrians to cross there. Just prior -to the intersection the County painted a PFD XINC notation on the roadway, but Posted no signs to this effect. The paint was in -a faded condition on 9/14/83. The County was aware that the speed of 85% of the drivers on Willow Pass exceeded the posted limit of 35 mph, which was itself excessively high. There is no traffic of any L:i d at this intersection, although numerous complaints have been received that the intersection is (at best) difficult to cross. There have also been at least five prior accidents at this intersection of which the County was aware. In addi- tion, the County has received many demands for the installation of a traffic signal from the residents of the San Vincente Drive area. The Johnsons moved to their San Vincente Drive home in June of 1983. School was not in session at the time. The Johnsons did not know of past accidents at the intersection in question, and when school started in September, they were presented with the total picture of al- ternatives for Cindy' s walk . to and from The school as described. The Johnsons reasonably chose the route whereby Cindy v alked along the Eastbound/South side of Willow Pass and crossed at San Vincente to get home. ` 265 Page (4) of Atthment (1) • walked along the Eastbound/South side of Willow Pass Rd. and crossed at San Vincente Drive and Willow Pass to get home. The Countywas aware that a number of students at the Wren -Avenue School, in wading Cindy, lived in the_ Sar. V-,ncente .Drive area on the Westbound/North side of Willow Pass. The County was further aware that these students would not have the assistance of any traffic regulatory sign or signal since the students could not traverse the unpaved portion of Pillow Pass Road with safety in order to get to their homes. The County was also aware of the fact of previous accidents, in particular, that a child had bccn struck by car it t^e =^tcrscction :-some years ago, and was .-aware of complaints, and requests for traffic light installation aL- I-:illow Pass and San Vincente, that school children cross at this intersection, and of the excessive speed of vehicles crossing this intersection on Pillow Pass Road. On September 14 , 1983, on her .way home from school, Cindy . Johnson walked along what had appeared to be the only reasonable route the C nuftY had presented to her and her parents. When she attempted to cross Willow Pass, and while within the painted crosswalk, she was struck and killed by an automobile. (See Exhibit A for details of the incident. ) By inducing Cindy Johnson and her parents to cause her to cross' at Wi llo47 Pass and San Vincente as described above, the County and its employees acted negligently, carelessly, and with reckless disregard for the risk it had created for her. By failing to install a traffic signal and pedestrian crossing signs, and by deliberately posting a 35 mile per hour speed which is excessive under the circumstances at San Vincente Drive, despite its knowledge of the prior accidents at the intersection and the risk to pedestrians present, the Countyand its employees acted negligently, carelessly, and with reckless disregard for the risk it had created for Cindy Johnson. 266 . page (5 ) of Attachment (1) , continuation By failing to install a paved sidewalk on the Westbound/ North side of WillowFass Road, thereby allowing school children to cross with the assistance of a traffic signal at Farm Bureau Road, the County and its employees w acted negligently, carelessly, and with reckless disregard for the risk it had created for Cindy Johnson. By failing to warn pedestrians not to cross at that intersection,- or of the danger in crossing at that intersection, the County and its employees acted negligently, carelessly, and with reckless disregard for t^e risk -it had created for Cindy Johnson. By failing to maintain the painted pedestrian crossing marking on the roadway, just before the intersection, the County and its employees acted negligently, carelessly, and with reckless disregard for the risk it had created for Cindy Johnson. These acts and omissions by the County and its employees proximately caused the injuries of the claimants herein. Claimants have suffered and continue to suffer damages on account of these acts, omissions and injuries as alleged herein below. Although the County may at-tempt to bang itself within the design immunity statute; .Section 830.6 of the California Govern- ment Code, .and/or Sections 830.4, and 830.8 of the same Code,. such immunity is not avaliable to the County for the following reasons: 267 Page (6 ) of Attachment (1) _ _ . ..._.. 1. In marking the crosswalk at the intersection, the Cogp�y,invited Cindy Johnson and her parents to rely upon safe crossing at that intersection, despite the fact that the lack of safety, especially .for school children, was .known to the County 2. The design of the whole area between the- Wren Avenue School and the Monte Gardens School created a trap, inducing Cindy' and her parents to forego the assistance of the traffic signal at Farm Bureau Road, and to cross at the known dangerous intersection. 3. The Code states an entity is not liable merely for the failure to install traffic signals and signs, but where as here, other factors of negligence and lack of care are present, this immunity is not available. . 4 . By negligently failing to maintain those traffic regulatory markings it had undertaken to provide, the County has taken itself outside of the immunity statutes. For the reasons cited above, no immunity is available to the County sof cC.Qntta Costa. 268 Attachment (2) of claim form, pertaining to section 7 of the claim form. Blood Bank $75. 00 Publication of Notice of Death Medical treatment rendered to decedent $169.00 Date of bill: 9/21/83 $898. 74 Ambulance service and Paramedic services Date of bill: 9/21/83 $350.00 Florists bills $88.50 Cemetary $700.76 Funeral Home (Concord, Ca. ) $1,020.00 Funeral Home (Seattle, Wash. ) $556 . 70 Air transportation to Washington $4E0.00 Filing Probate $95.00 Copies of Police report, dockets, etc. $63. 74 Certified letters from probate $R. 75 Loss vacation days (Richard Johnson) $1,210.40 Attorneys retainer fee $4 ,500.00 Loss of life, loss of love, loss of companionship, loss of society, mental stress, anguish, pain and suffering (Richard & Betty Johnson) $5,000,OCO.00 Loss of life, pain and. suffering, loss of future, loss of future wages, anguish, mental stress, injury and disfigurement (Cynthia Ann Johnson) $5,000 ,000.00 Total damages claimed to date $10,008 ,4;95. 83 Attachment 2 270 gXHIBIT A i POLICE DEPARTMENT *F-- rCONCORD, CALIFORNIA 114619 1 " 'ate "` • OFFENSE REPORT • XX RX 1-= MF# CR## 16055-83 CCA1al/lC.iTIOR7 DATE AND TIME REPORTED ., z;,�<i.„ ,. r• �,. > _' A/Ped 23153a, 20001 vc , 192. 3 P . . 9-14-83 1512 � � r,.. ...... f OCCYRREO: DATES TIMaa DAT OA WEEK LOCATION OCCURRED 9-14 „_,. ,,... 151.x... .,... Wed 4 .. Willow ass Rd at San Vincente .•-•, STOLEN RECOVERED > " ROUTING: OFF ID 1 k��':Csfi,":?'::":.`. �:;<;:?;>a :;>.; x, I I DETECTIVE [ I SPECIAL INVESTIGATIONS N/A ,s... a N/A aT-Iat ';.d. � ; . <, ;.:;y ::: [ ] JUVENILE U[1 TRAFFIC ( ] OTHER AGENCY /0•-f 07 WEATHER LIGHTING BLDG/AREA ENTRY METHOD THRU WINDOW DOOR EVIDENCE TOOLS USED WEAPONS (Mark 1-3) 0-Unk O-Unk 1 -SIF Res 0-Unk 0-Unk 0-Unk O-N/A 0-N/A 1 -None 0-Unk 0-Unk 1 -Rain 1 -Day 2-Apt/Mutt 1 -Front 1 -Picked 1 -Window / -Louvered 1 -Sliding Glass 2-Prints 1 -None 1 -None 2-Fog 2-Dusk 3-School 2-Back 2-Forced 2-Door 2-Alum Slid 2-Solid 3-Photos 2-Channelocks 2-Knife M 3-Clear 3-Dark 4-Church 3-Side 3-Normal 3-Airvent 3-Wood Sash 3-Hollow 4-Diagram 3-Pry Tool 3-Gun 4-Dawn 5-Warehouse 4-Roof 4-Window 4-Wall 4-Crank 4-Dutch 5-Trace Evid 4-Pick L 9- 0 6-Construction 5-Garage Smash 9- 5-Stationary 5-Window 6-Impressions 5-Rock,Brick, 7-Shop Center 5-Kicked 6-Windwing 6-Doggie Door 7-Standards etc. a-Other Comm in Door 9- 7-Veh Door 9- 6-Wire 9- 6-Slipped 8-Veh Trunk 9- Lock 9- TW If the answer to any of the following questions is yet,explain In narrative and mark(x)in the box. M 1. Was anLt made? 11 6. Can a suspect be described? [ ] 9. Does stolen property have known ID marks? [ ] C 2. Was titin a witness to crime? [ ] 6. Can a suspect be identified? [ 1 10. Is there a significant MO present? ( 1 ' 3. Can a suspect be named? [ ] 7. Can a suspect vehicle be identified? I 1 11. Was physical evidence collected? ( ] 4. Can a suspect be located? [ ] 8. Was then bodily injury involved? [ 1 12. In your opinion can this case be solved? j ] SYNOPSIS: 0. Involved persons 2. Property 3. Vehicles 4. Evidence 5. Investigation 6. Disposition) 1. C) See original report V) JOHNSON, Cynthia wfj 11-27-73 1939 San Vincente Dr 827-9719 m) Betty f) Richard Sj ) Hellerstein, D. Dr. Mt. Diablo Hospital Medical Center Concord 682-8200 S) MEAD, Douglas Gregory wma 1-25-53 C.P.D. FP# 22737 see arrest report for additional 2. NA 3. See original report 4. I received the following items from Dr . Hellerstein at the Mt . Diablo Hospital Emergency room, after they were removed from the victim Johnson: One pair of maroon girls alacts w/ Batching thin velvet belt . Pants are soaked with blood. 2. One zed/white/blue/yellow plaid blouse, large portion of which is ; stained with blood: 'One pair of white girls` pantieai'- f. Two light blue socks . S:. One "Tiffs" brand blue and whits running style athletic shoe . d31.-*f. the above items were sarhs4, tagged and hung to dry in the . 09urotdIPolice Department Identifiaatiop office. * 5. ` droveto the area of Willowpaa's Rd at San Vincente Dr. in response to' iTopoIrt •of a hit and run accident having just occurred with the victim believed to be a juvenile pedestrian. As I neared the scene I was advised that the suspect vehicle had fled REPORTING OFFICER BRAT DATE AND TIME REPORT WRITTEN au PsRVISOR APPROVING TYPIST JDATE AND TIME Ra►ORT WRITTEN Jennings 10 19-16-83 1900 7i•,� PAGE .2R# 16055-83 east on iIillowpass Rd to one of the next two cross streets and turned right , ibis-placing it southbound on either Ashdale Dr. or Landana Dr. I headed into that area at that time attempting to coordinate an area search for the vehicle . After one to two minutes C.P.D. dispatch advised by radio that a.-car similar to the suspect vehicle may be at the corner of Ashdale Dr and Carlotta Dr. I drove to that location arriving and finding that Officer Hayes had already arrived and had a wma approx 6' with blond hair in custody, the suspect vehicle parked in the driveway of the residence at 1947 Carlotta Dr . I requested that Ofc Weston respond to the location and stand by with the suspect vehicle and secure that scene until an evidence technician and investigator could arrive . I returned to the scene of the accident in time to find Regional Ambulance personnel loading the victim into an ambulance . I was told that the victims mother may be at the corner of San Vincente Dr and Willowpass Rd , and that she might need a ride to the hospital . I contacted a group of people at the northwest corner of Willowpass and San Vincente , asking if anyone there knew the parents of the victim, since _ a number of people on the corner seemed to know who the victim was . A blond wfa with glasses came forward and said she was Betty Johnson, mother of the victim. I instructed Mrs . Johnson to take her vehicle home and wait there for an officer to respond and take her to the hospital , feeling that she was- too upset to drive . I returned to the scene . to insure that the initial report was -being handled by Ofc . Mena, that the evidence technician had taken charge of the scene examination and that witnesses would be interviewed. I returned to 1939 San Vincente Dr. picking up Mrs . Johnson and her daughter Shawn, learning that Shawn had seen her sister (the victim .) Cynthia lying in the street after the accident , and that this was the basis of the identification of the victim at this point. I arrived at Mt . Diablo Emergency at approx 1535 hours , and stood by while the staff continued to treat the victim. At 1553 hours Dr . Hellerstein pronounced the victim dead . This information was then relayed to the officers at the scene and the Coroner's Office of Contra Costa County was notified . Coroner' s Deputy. Campbell stated he would be responding to the hospital to take charge of the victim, see Coroner' s Case 83-732 . At 1602 Hours I recieved the clothing listed in paragraph 4 from Dr . Hellerstein, all of the iters having been removed from the victim during treatment. At approx. 1700 hours Mrs . Johnson and her husband Richard Johnson viewed the body of the victim, identifying her as their daughter Cynthia Johnson. 6. Case Pending, refer to original report for further information. Record property In paragraph two in the followhp order: 1 to stolen, recovered, lost or found;then list article, brand, color,descriptio serial number or driver's license number and value. CONCORD POLICE DEPARTMENT ORIa, Lpp. =RINI • TRAFFIC COLLISION REPORT 1 2 Mf CR* 16055-83 CLASSIP/CATION DATE AND TIME REPORTED 231531 CVC, 20001 VC, 192.3 PC 09/14/83 1512 OCCYRREO: DATES TIMEs DAY OF WK SPECIAL YENICLjS Ak TYPE OF ACCIOSNT ups ALL 09/14/83 1512 We 4 `�Y PO��" '3R' -T- «►«' 1 AY` "3 "4« s`R OCCURRED ON: PRIMARY STREET . SPEED AT OR NEAR: SECONDARY STREET sFE[o LIMIT LIMIT Willow Pass Road 35 ISan Vincente Dr. 25 OFF to • 128 INVOLVED PERSONS: (V) JOHNSON, Cynthia Ann WFJ 11/27/73 1939 San Vincente Dr. Concord, 827-9719 M: Betty F: Richard Expired 09/14/83 at 1553 hours at ht Diablo Hospital (S) MEAD, Douglas Gregory WHA 01/25/53 1947 Carlotta Dr. Concord, 682-6535 Description: 6-0, 170, bin/btu Clothing worn: Blue long sleeve "V" neck sweater, brown cord gants and black suede shoes. CA DL# A0531529 CII# 4997942 FBI# 10180N1 CPD FP# 22737 Charge: 23153a VC, 20001 OC 122.3 PC NF.AD� flerherlealm _ wmA 121211211 1967 Carintts D=_ Cencsrd� 6R2-6S-ASIS nnA- 2bysica]Id=Ori,,.,•Teacher tl Dorado Int rmadistg School , 682-5700 Father of S Me d REPORTINO OFFICER •EAT DATE AND TINE IMPORT MRITTEN JSUPERVISOR APPAOY/NO TYPIST JDATE AND TINE REPORT TYPED 13h 273 F• R# 16055J83 (SJ-2) STEWART, Jo Ann Ester WFA 01/23/35 " 1938 San Vincente Dr. Concord, 682-0846 DBA: Unemployed ;SJ-3) HELLERSTEIN, Dr. Mt. Diablo Hospital Emergency Room (Pronounced death of V) BILLD, William WMA DBA: Nurse - Mt. Diablo Hosptial Emergency Room (Took blood samples from S) SJ-5) GRAHAM, Roy W. WMA DBA: Mechanic for City of Concord (Did S vehicle inspection) U-6) KROEGER, Cliff WMA DBA: Traffic Investigator for the California Highway Patrol, Concord - #372-4980 -1) JONES, Jeffrey Charles WMA 06/03/56 1874 Carlotta Dr. Concord, 825-2751 , message phone #935-0722 _ (Driver of witness vehicle..tha�ursue_d $Mead) •2) LEIN Cynthia Maria WFA 05/10163 1874 Carlotta Dr Concord. 825-2-Z51-- 1)HAi 9350--l- • 1 J RTING OFFICERDEAT DATA AND TIME REPORT WRITTEN SUPERvIS APPROVING TYPIST DATE AND TIME REPORT WRITTEN IL J -d property in paragraph two in the following order: indicate stolen, recovered, lost or found; then list article, brand,color, description number of driver's license number and value, 274 74 AGE THREE Ah "R# 16055-83 _ . NOV (W-3) BLANKENSHIP, Barbara J. WFA 09/18/37 850 Clarewood Ct. Concord, 798-1915 DBA: Principal - Monte Gardens Elementary School, Concord, 685-3834 (W-4) KAAR, James S. WMA 1198 Quail Ct. Concord, 686-0367 DBA: Principal - E1 Monte School, Concord, 685-3113 (Stopped for V to allow her to cross crosswalk) (W-5) WOLF, Wayne William WMA 10/14/66 3754 Walnut Av. Concord, 827-5537 DBA: 687-0363 S: Olympia High School (Standing in parking lot of Rico's Pizza) (W-6) SMITH, Edward Anthony WMA 09/02/67 3812 Willow Pass Rd. #D Concord, 689-0233 DBA: 687-0363 (Standing in Parking lot with W Wolf) (W-7) REISWIG, Cindy Diane WFA 04/06/58 1261 Center Av. Martinez, 228-1285 DBA: Rico's Pizza - daytime manager Concord, 680-7400 (Standing outside in parking lot with Ws Waith and Wolf) (W-8) TOLSON, Faithe NMN WFA . 11/25/58 2555 Olivera Rd. Concord, 685-4518 DBA: Unemployed (Standing in area near the phone booth facing Willow Pass Rd.) (W-9) FRYER, Joanne Gayle WFA 06/06/42 3920 Beechwood Dr. Concord, 686-2666 DBA: 825-7211 (Observed S drive into his driveway and begin washing his car) (W-10) RUNTZE, Edward John V14A 01/29/59 3683 Willow Pass Rd., Apt. #7 _ Concord, "0-1865 or 1193 Haven Cti : Concord, N/P,. DBA: Unemployed (Standing in the parking lot of apartssent buildings _at 3683 Willow Pass Rd.) (18-11) DUQUETTE, Gina Antoinette '114 f�3J17/52 1070 San Miguel ltd., Apt.# 3-8 r Concord, 687-6090 DBA: Anna's 1/3 1b. Hamburgers _ 2505 Monument B1 Concord, 680-9604 (Waitress who served S Mead on the day of the collision) Record property in paragraph two in the following order: indicate Nolen,recovered,lost or found;then list article,brand,color,description serial number or driver's license number and value. AGE FOUR F.. 16055-83 (W-12) . '60RIA, Leo D. WMA 01/04/22 147 Lorenzo Dr. • Pleasant Hill, 682-7371 DBA: Anna's 1/3 lb. Hamburger 2505 Monument B1. Concord, 680-9604 (Cook on the day that S was in the restaurant) (SJ-7) OFFICER JOHN D. SINSEL TRAFFIC INVESTIGATOR CONCORD POLICE DEPARTMENT, 671-3262 Follow-up Investigator (SJ-8) OFFICER GREG MENA, #236 CONCORD POLICE DEPARTMENT, 671-3226 (Wrote the original report) (SJ-9) OFFICER JOHN HAYES, #151 CONCORD POLICE DEPARTMENT, 671-3226 (Arrested S Mead) (SJ-10) OFFICER DOUG MOORE, #238 CONCORD POLICE DEPARTMENT, 671-3226 (Contacted Ws at scene of the collision) (SJ-11) DITECTIVE BERT BYERS, 173 CONCORD POLICE DEPARTMENT, 671-3030 (Made contact with Ss father and remained at the arrest location) (SJ-12) ID. TECHNICIAN OFFICER MANGRAI, SAO, #958 = CONCORD POLICE DEPARTMENT ESJ-13) ID. -TECHNICIAN OFFICER TOM MURRAY, 119 CONCORD POLICE DEPARTMENT, 671-3207 s t ord property in paragraph two in the following order: indicate stolen.recovered,lost or found;then list article, brand, color,description I number or driver's license number and value. f�'1 ACCNN!IIT f10. ACC T LOC. ACCIDENT DATE TETT SKID OATS AM!) - SPEED INF'OR ION 160SS-83 W. Vincente 9/1 3 9121/83 ' itoA CONDtTiONf ACCIDENT SKID DATA CENTRIFUGAL SKID TYPE OF ftoib IMPENDING LOCKED WHEEL TOTAL LENGTH Asphalt L.F. 461911 FT. CONDITION 1 R.F. — 441491 CMORD Smooth-Worn - L.N. ! 461-7,19 1 - FT. GKADE/DIRECTION - 11.11. 41 1 11 MIO-ORDINATE Levet E/W ,ACCIOEIIT VEHICLE(pear.Maks.Madel) TOTAL 69 Chev Nova 4 dr. AVERAGE ! 0=77- TKST SKID INFORMATION NO. MPH L.f+. R.F. L.R. R.R. TOTAL AVERAGE OTHER DATA DRIVER I.D. no. '' 42 80 74 88 88 Joh 128 YEN.LIC.OR E44010p. NO. MAKE YEAR/MODEL 42 78 73 86 8S 1DJA320 ,Cher 69 Nova 1 D'EEDOMCTER 11901CATED ACTUAL ,PEED DATE CALI,RATED S• 1 40 42 Radar METHOD SKIDMARKS MEASURED WEATHER fteap.) TIME MINIMUM SPEED PROM ACCIDENT TEST -ACCIDENT TEST ACC IDE H7IS] TEST CHART(over) ©TAPE PACED OTHER TAPE PACED OTHER 9So 900 INVESTHIATINa OFFICER-ACCIDENT I.*.r0. J. Sinsel 128 c"r-a FRICTION 67 s' ! SPEED SKID OFFICER J. Sinsel 128 BASED On TEST SKI* 00. 1 33 MPH CALCULATIONS/DIAGRAM COEFFICIENT OF FRICTION 4 F '- V2 = 42 MPH 16 \1764 >s 67% 3ff 30(test skid 889 2640 V = 30FS 30 x .67 x S3 - 20.1 x S3 in 106S.3 :: 33 MPH � .� •T '�po j . /YM�OLS RORMULAS RXAMPLt: CUNTRIFUOAL SKIDMAII f 'c"PrACEST Sf IB/CTNr t•fAfoRO SIT! != , ft= •.fir 4 = YClye" f MIDDLE OIONATE V•BKtB IMPNI M•Y90.OBBIYTE • : S V s 1,1r S-SKID LENTr GIT) D•RADIUS t/Tt N CONO 21 r.' INDICATE. WORTH ST - \y1 rry A rq /96'/ sT ,fir r7T.i7, 777Nv INTER ECTION Of- DATE-�/,�,fo N STANDARD SXMBOL& ----► MOTOR VEHICLE MOVING AHEAD = HEAD-ON SIDE8WPE -+44— MOTOR VEHICLE BACKING UP REAR ENO . }` q ---0- PEDESTRIAN OVERTAKING SIDESWIPE �--'� TRAIN IMOADSIDE i't C PARKED VEHICLE "'Q_ APPROACH TURN G .FIXED OBJECT -79 OVERTAKING TURN FATAL ACCIDENT OUT OF. CONTROL NON-FATAL ACCIDENT VEHICLE TURNED OVER G PROPERTY DAMAGE ONLY 1. DAYLIGHT HEAD-ON. DARK(Includes Down a Dusk) 2130 TIME CITY OF . CONCORD - COL LISION DIAGRAM R.A.A. DRAWN CITY ER I DATIE N4 E SHUT •Y DATE R[V1810N Y, •AVbfi Cards t i 1 _�- i 3ti' Dir y 4�rs N o,P,rz A iii i o n 74 ' J zt � ----------- J", ul of OIVO- 0�6r I� i 2(" 0 j - - '--.- ` CLAIM c�i iv5� to to{ea 00 S tet A) v 9W�a 50�i d cc f P l,2 e f ry le c h� �i SfR%cr1 BOARD �' C06TACOU:TY, BOARD ACTION Jan. 24, 1984 Claim Against the County, ) WXE TO CLAnom Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Gaverrment Code.) ) given pursuant to Government Code Sections 913 i 915.4. Please note the ."Warning" below. Claimant: Konston Andronis - County Counsel Attorney: Clinton A. Johnson, Moore, Clifford, Wolfe, Larson & Trutner DEC 2 3 1983 Address: 201 19th Street CA 94553 Oakland, CA 94612 Martinez. fit: Unspecified Via County Administrator By delivery to Clerk on 12/21/1983 Date':Reoeived: December 21, 19 8 3 By mail, postmarked on I. PROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted Claim. DATED: 12/21/83 J.R. OIS90N, Clerk, By / ► DWity Helen P . Marino II. PROM: County Counsel TO: Clerk of the RM of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. (�) This Clain, FAILS to cmiply substantially with Sections 910 and 910.2, and we are so notifying Claimant. The Board ca:%not act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (S911.2) DATED: J013N B. aAUM, County C=mel, By t III. BOARD By unanimous vote of Supervisors present O This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and Correct copy of the Board's Carder entered in its minutes for this date. / DATED: J.R. MBSON, Clerk, "YJ4&, ��Lc�+-�-K� , Deputy RAMM4G (Gov't. C. 6913) Subject to certain exoeptions, you have only six (6) months from the elate this notice was personally delivered or deposited in the mail to file-a Court action on this claim. See Gaverrment Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. FROM: Clerk o County Cmrmeel, 2 County strator Attached are Copies of the above Claim. we notified the claimant of the Board's action an this Claim by mailing a copy of this document, and a mero thereof has been filed and wdorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: 02 i9 J. R. CZ6.90N, Clerk, by �/`(� Deputy F � E DCLAIM AGAINST PUBLIC ENTITY L a TO: CONTRA COSTA COUNTY �t � �� CONSOLIDATED FIRE PROTECTION DISTRICT R. oLssoN 2010 Geary Rd. CIER ARD OF SUPERVISORS Pleasant Hill, California Z o eputy Attn: Chief William Maxfield Re: Fire Road Behind Gordon Way, Martinez, CA KONSTON ANDRONIS hereby makes a claim against the Contra Costa County Consolidated Fire Protection District for negligence and nuisance with regard to the design, construction, operation and maintenance of a fire road above Gordon Way in the City of Martinez , County of Contra Costa. KONSTON ANDRONIS is informed and believes, and thereon alleges, that the design, construction, operation and maintenance of said fire road has caused, and will continue to cause, land slippage and instability on his property at that location. KONSTON ANDRONIS further contends that to the extent that the land slippage or instability is ever determined to be partially due to any fault or negligence on his part, which he denies, he will be entitled to partial indemnity from the Consolidated Fire Protection District. KONSTON ANDRONIS respectfully makes the following statements in support of the claim: a) The claimant' s post office address is: KONSTON ANDRONIS 148 Gordon Way Martinez , California b) Notices concerning this claim should be sent to: Clinton A. Johnson, Esq. Moore, Clifford, Wolfe, Larson & Trutner A Professional Corporation - 201 - 19th Street Oakland, CA 94612 -1- 282 c) The claim arises out of the design, construction, operation and maintenance of that certain fire road above Gordon Way in Martinez. The damages sustained by KONSTON ANDRONIS are the result of land instability and landsliding on his property and a lawsuit brought by MICHAEL and LAURA WEYMOUTH, Action Number 251219 , Superior Court of California, County of Contra Costa and are the proximate result of nuisance and negligence due to the acts and omissions of the Consolidated Fire Protection District. d) It is believed that an Officer Nunes of the Consolidated Fire Protection District has some knowledge concerning this claim and it is further alleged that attorney Tom Watrous, presently attorney for the County of Contra Costa also has knowledge of this claim. Background information and supporting materials regarding this claim have been previously submitted to Tom Watrous, attorney for the County of Contra Costa, by attorneys Curren and Anschuler, attorneys for the Weymouths. Dated: December 1f 1983 MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER By LINTON A.(70N -2- 283 f r r J . r CERTIFICATE OF SERVICE BY MAIL The undersigned, at Oakland, California, certifies to be true, under penalty of perjury: That she is a citizen of the United States, is employed in Alameda County, California, is over 18 years of age, and is not a party to the within action or proceeding That her business address is 201 - 19th Street, Oakland, California 94612. That she served a copy of the attached: CLAIM AGAINST PUBLIC ENTITY by placing said copy sealed in an envelope ( ) sealed in separate envelopes ( X) addressed as follows: Sent CERTIFIED Mail to : Contra Costa County Consolidated Fire Protection District 2010 Geary Road Pleasant Hill , California Att : Chief William Maxfield Sent regular mail to : Mr. Thomas A. Watrous -",. . Watrous & Pezzaglia , Inc. P. 0. Box 630 Martinez, CA 94553 with postage thereon fully prepaid, and thereafterwas deposited in the United States Mail at Oakland, Alameda County, California. : That there is delivery service by United States mail at the place so addressed, or regular communication by United States mail between the place of mailing and the place so addressed. That the date of deposit in the mail and the date of the execution of this certificate was _ December 14 ,1983 Nell Kendall