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Home My WebLink AboutMINUTES - 01121993 - 1.1 (3) RKEIVED O 0 CLAIM DEC 2 8 1992 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA pOUNTY COUNSEL MARTINET. CAUFR Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 12, 1993. and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $125,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WRIGHT, John C. ; .(.minor) ATTORNEY: Michael. A. Kelly Wal-kup, Shelby, Bastian, Mel.odia, Date received ADDRESS: Kelly, Echeverria & Link BY DELIVERY TO CLERK ON December 16, 1992 (certified) 650 California St. , 30th Floor San Francisco, CA 94108 BY MAIL POSTMARKED: December 14, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December. 23, 1992 Jy1L BATCHELOR , Cler epuII. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ►� 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). ( ) 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). ( ✓) Other: i A"F— COu.UT%( Or-PIC-6 0C= (5-bLLCATiOW V% ALM INDETgAJ DENT ANIS S'P4k,471F I-EC-Ai, cf,✓Tf;Y OVER WHICH CO, mos Coca► CokLoui e H/4s JVD -Ja_e1SDIC7' Dated: BY: A,, Deputy County Counsel III. 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. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code sec 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. If you want to consult an attorney, you should do so immediately, *For additional warnin0 See reverse side of this 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 copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ,/-J.�-9-� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator The Board of Supervisors Contra Board Costa and County Administration Building County Administrator 651 Pine St., Room 106 (415)646-2371 Martinez, California 94553 County Tom Powers,1st District Nancy C.Fanden,2nd District — Robert I.Schroder,3rd District Sunne Wright McPeak 4th District .j1 Tom Toriaksm 5th District January 15, 1993 Michael A. Kelly, Esq. Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link 650 California Street, 30th Floor San Francisco, CA 94108 Subject: Claim of John C. Wright, a minor Dear Mr. Kelly: On December 16, 1992 you filed a claim against the County Office of Education with the Clerk of the Contra Costa County Board of Supervisors. Following review of your claim by County Counsel, it has been ascertained that the County of Contra Costa Board of Supervisors does not have jurisdiction over the County Office of Education and is not the entity with which your claim should be filed. Phil Batchelor, Clerk of the Board of Supervisors and County Administrator B : . Bosarge Deputy Clerk Enclosure DEC 1 61992 CLERK 6pARD GF SUPERVI � CLAIM AGAINST THE COUNTY OF CONTRA COSTA CGSr�, AND THE CONTRA COSTA COUNTY OFFICE OF EDUCATION��'- TO: THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA A. Name and Address of Claimant John C. Wright, a Minor c/o Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link 650 California Street, 30th Floor San Francisco, CA 94108 B. Address to Which Notices Are to be Sent Michael A. Kelly, Esq. Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link 650 California Street, 30th Floor San Francisco, CA 94108 C. Date, Place and Other Circumstances Which Give Rise to This Claim The minor was injured while attending special education classes at Woodside Elementary School, 761 San Simeon Drive, Concord, California. The County Office of Education, acting through its agents and employees was providing education services to the minor. An employee of the County Office of Education, Claire Shields, acting in the course and scope of her employment with the County of Contra Costa, was negligent in attempting a transfer of the minor without assistance. Becuase of the minor's age and size, prudence and standard practice required that a two- person lift be used when moving John Clayton Wright from place to place within the classroom. On this occasion, Claire Shields, the County Office of Education employee, attempted to single-handedly lift the minor, contrary to standard practice and contrary to reasonable and prudent conduct. Because of his weight and size the County Office of Education employee was unable to lift and support John Clayton Wright by herself and ultimately dropped him. The minor sustained a spiral fracture of his leg and has required significant medical treatment. D. Employees Causing Injury and Damages Claire Shields Page 2 E. Damages Dr. Francis $ 45. 00 Dr. Sheaff $ 195. 00 Dr. Contreras $ 832 . 00 Pat Bigornia (Addt' l Home Care, June 192) $ 360. 00 John Muir Hospital $8, 422 . 64 Regional Ambulance $ 293 . 54 Ambulance Cab Service $ 138. 00 Diablo Radiology $ 177 . 00 Muir Orthopedic $ 55. 00 C.C. Home Medical Equipment $ 205. 68 Pat Bigornia (Addt' l Home Care, July 192) $1,888. 00 Anesthesiology $ 450. 00 Pat Bigornia (Addt' l Home Care, August 192) $1, 888. 00 Ambul-Cab (7/30/92 & 8/28/92) $ 207. 00 CC Home Medical Equip $ 205. 68 TOTAL AS OF 9/11/92 $151362 .54 Future medical expenses are estimated at approixmately $21, 600 and consist of specilized phyusical therapy at $75 per hour, 8 hours per month, for 36 months. F. Amount Claimed $125, 000. 00 DATED: December , 1992 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY, ECHEVERRIA & LINK By 54� 6 ' MICHAEL A. Wimant Y Attorneys for y LAW OFFICES OF BRUCE WALKUP WALKUP, SHELBY, BASTIAN, MELODIA, • GEORGE J.SHELBY RALPH W. BASTIAN,JR. KELLY, ECHEVERRIA & LINK PAUL V. MELODIA A PROFESSIONAL CORPORATION TELEPHONE DANIEL J.KELLY JOHN ECHEVERRIA 650 CALIFORNIA STREET, 30TH FLOOR (415)981-7210 JOHN D.LINK SAN FRANCISCO,CALIFORNIA 94106 FACSIMILE RICHARD B.GOETHALS.JR. RONALD H.WECHT (415)391-6965 MICHAEL A.KELLY KEVIN L.DOMECUS JEFFREY P. HOLL DANIEL DELL'OSSO MARY E.ELLIOT RICHARD H.SCHOENBERGER OF COUNSEL CYNTHIA F. NEWTON WESLEY SOKOLOSKY,M.O.,J.D. ANN M.RICHARDSON December 14, 1992 _ , REC I ED DEC 1 61992 CERTIFIED MAIL CLERK BOA:?D OF SUPERVIS Clerk, Board of Supervisors CQi�TRa COSTA�i;O. " County of Contra Costa � ( 651 Pine Street Martinez, CA 94553-1293 Re: Claim of John Clayton Wright, a Minor Dear Sir or Madam: Enclosed herewith please find the original and one copy of Claim for Damages as against the County of Contra Costa in the above referenced matter. Please acknowledge receipt on the enclosed copy and return to us in the envelope provided. Thank you for your anticipated cooperation. Very truly yours, MICHAEL A. KE MAK/db Enclosures a r" G nu• � t d• w v�, N O r^ N d� N w � O •W. 044 p N to H � a y.. Q �8 cc u a W , < W 3gWWo z a