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Home My WebLink AboutMINUTES - 10151996 - C10C AMENDED CL A I M BOARD OF SUPERVISORS OF CONT;. COSTA COUNTY, CALIFORNIA October 15, 1996 Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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 pur e Amount: $10,000 + Section 913 and 915.4. Please `WSAWarnin CLAIMANT: David Lewis (Irr n 7 1996 COUNSE ATTORNEY: Craig M. Boeger, Esq. MARTINEZCALIFL Law Offices of Arnold Laub Date received ADDRESS: 43 Panoramic Way BY DELIVERY TO CLERK ON O tnhpr 2, 1OgC) Walnut Creek, CA 94595 BY FAIL POSTMARKED: Hand Del ivPrPd 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 2, 1996 IVIL ggATCVIELDR, Clerk OATED: � BT: Depu y 1I. 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'3 right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��a- /7 BY: 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 ( vr 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. ( g , ti Dated:-� • 16) :199' PHIL BATCHELOR, Clerk, Bye/ Deputy Clerk WARNING (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. If you want to consult an attorney, you should do so immediately. * For Additional Warning 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:," 17, BY: PHIL BATCHELOR by �jl��-e �eputy Clerk CC: County Cc,:rse'; County Administrator • • c� � 1 CRAIG M. BOEGERy Law Offices of Arnold Laub RECEIVE� 2 A Professional Corporation 43 Panoramic Way IWt — z 3 Walnut Creek, CA 94595 9 •o 17- (510) 938-4400'. 4 (510) 947-0172 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. ,. 5 6 7 8 DAVID LEWIS, 9 NOTICE OF CLAIM Claimant, 10 vs . Gov. Code 911 . 2 , et seq. 11 THE STATE OF CALIFORNIA.- 12 ALIFORNIA;12 COUNTY OF CONTRA COSTA; AMBROSE PARK AND RECREATION 13 DISTRICT, ALEXANDER DONGALLO, ` DOES 1 to 20 14 Defendants, 15 TO : THE STATE OF CALIFORNIA; COUNTY OF CONTRA COSTA AND 16 AMBROSE PARK AND RECREATION DISTRICT: 17 PLEASE TAKE NOTICE OF THE FOLLOWING CLAIM: 18 Name and address of Claimant: 19 David Lewis 20 216 Madison Avenue Bay Point, CA 94565 21 SSN: 587-25-0230 DOB : 6-17-59 22 Send all Notices to: 23 Craig M. Boeger, Esq. 24 Law Offices of Arnold Laub A Professional Corporation 25 43 Panoramic Way • Walnut Creek, CA 94595 26 (510) 938-4400 (510) 947-0172 Fax 27 Date of Accident : 7-9-96 28 1 1 Place of Accident: Willow Pass Road, Pittsburg, California . 2 Circumstances of Accident: 3 Mr. Lewis was crossing Willow Pass Road in a crosswalk, in his wheelchair, when he was struck by Alexander Dongallo, who was 4 driving a vehicle owned by Ambrose Park and Recreation District . Mr. Dongallo drove negligently and had consumed alcohol before 5 driving and striking Mr. Lewis . Mr. Dongallo' s negligence directly resulted in Mr. Lewis' injuries and damages as set forth below. See 6 police report attached as exhibit A. Alexander Dongallo was driving in the course and scope of his employment with that agency. 7 Injuries : 8 Mr . Lewis suffered multiple injuries involving his neck, back 9 and cervical spine, as well as a broken femur, which required the insertion of a metal plate to stabilize the fracture . 10 General and special damages continue to accrue, however: 11 Medical Expenses to date are: 12 1 . Ambulance $600 . 00 (approx. ) 2 . Hospital $5, 000 . 00 TO 10, 000 . 00 (approx. ) and continuing 13 3 . Physician Unknown at present, but continuing . 14 Jurisdiction: 15 Superior Court Jurisdiction. 16 17 Dated: C IG M. B R 18 Law Offices of Arnold Laub 19 20 21 22 23 24 25 26 27 28 2 S-:ATE OF C.17 F07NIA TIZA.WIC �OLLI46N REPORT PAGE r of TSKIAL CONDITIONS NO INJ H&R FEL ClW JU AL DISTRICT NUMBER 1 [) UNINC. DELTA NO KILL H&R MISD COUNTY DIST BEAT 7— 0 CONTRA COSTA 71 COLLISION OCCURRED ON: MO DAY YEAR T1ME(24OO CIC I OFFICER I'W. — A o WILLOW PASS RD. E/B C/R 07 09 96 2200 9320 0062C MILEPOST INFORMATION: DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: TUESDAY []YES [X] NO O N [I AT INTERSECTION WITH: STATE HWY REL pq OR: 15 feet W of HIGHWAY AVE . (C/R) [1 YES [4 NO [XI NONE PARTY DRIVER'S LICENSE NUMBER SLATE CLASS SAFETY VEH YR MAKE/MODEL/COLOR LICENSE NUMBER STATE 1 . . . . . . . . . . . . . . . DRIVER NAME(FIRST,MIDDLE,LAST) [] DAVID LEMAR LEWIS PEDES- STREET ADDRESS OWNER'S NAME [) SAME AS DRIVER TR[�f 216 MADISON AVE . PARKED CITY/STATE/ZIP CY/STATE(LIP OWNER'S ADDRESS `[) SAME AS DRIVER VE[IT LE PITTSBURG CA 94565 BICY- SEX HAIR I EYES I HEIGHT WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: [] OFFICER [) DRI)4ER []OTHER cL M BLK BRN 5-05 150 06117159 OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT [] REFER TO NARRATIVE[�] [) ( ) NONE ( ) NONE CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE [)UNK [)NONE [)MINOR [)MOD.[]MAJOR []TOTAL , DIR TRV I ON STREET OR HIGHWAY PD LMT PCF S WILLOW PASS RD. 25 21954a PARTY DRIVER'S LICENSE NUMBER STATE CLASS' SAFETY VEH YR MAKE/MODELJCOLOR LICENSE NUMBER STATE 2 N6337463 CA C G 87 DODGE PICKUP WHITE E0933CA DRIVER NAME(FIRST,MIDDLE,LAST) _ _ _9 _2 _ _ P] ALEXANDER (NMN) DONGALLO PEDES- STREET ADDRESS OWNER'S NAME [) SAME AS DRIVER TRrf 29 DOLPHIN WAY AMBROSE PARK & REC. DEPT. PARKED CITY/STATE/ZIP OWNER'S ADDRESS [) SAME AS DRIVER vErTLE PITTSBURG CA 94565 3105 WILLOW PASS RD. , PITTSBURG, CA 94565 BICY- SEX HAIR I EYES HEIGHT I WEIGHTJ BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: [) OFFICER P] DRIVER [)OTHER CLfj M IBLK BRN 5-08 200 06108159 DRIVEN AWAY _ OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT K] REFER TO NARRATIVE[] [] (510) 439-7275 (510) 458-1601 CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE []UNK []NONE P]MINOR CAL,. ASSOC. CSR2163293 22 I []MOD.[]MAJOR []TOTAL N^� DiR TRV ON STREET OR HIGHWAYIS25 PD LMT PCF E WILLOW PASS RD. PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETYVEH YR MAKE/MODELICOLOR LJCENSE NUMBER STATE 3 DRIVER NAM E(FIRST,MIDDLE,LASI') _ _ _ _ _ _ I PEDES- STREET ADDRESS OWNER'S NAME [] SAME AS DRIVER TR ff PARKED CITYWATE/ZIP OWNER'S ADDRESS [) SAME AS DRIVER VErTLE BICY- SEXHAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: [ ) OFFICER [) DRIVER ]OTHER CL fj OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT [ ] REFER TO NARRATIVE[] [ ) CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE []UNK []NONE [ ]MINOR [)MOD.[ )MAJOR []TOTAL . DIR TRV ON STREET OR HIGHWAY PD LMT PCF PREPARER'S NAME DISPATCH NOTIFIED REVIEW AME DA REVEWED HARVEY M 006212 Ya No N/A Wr O N Aj R I EXHIBIT - A, STATE OF CAG.IFORNIA TRAM COLLISION CODING �/ aAGE � OF V DATE OF-ORIGINAL INCIDENT TIME(2400) NCIC NUMBER OFFICER I.D. NUMBER 07 - 09 - 96 2200 9320 006212 17-106 OWNERS NAME/ADDRESS NOTIFIED PROPERTY DAMAGE DESCRIPTION OF DAMAGE -' SEATING POSITION OCCUPANTS MIC BICYCLE-HELMET SAFETY EQUIPMENT EJECTED FROM VEH I-DRIVER A-NONE IN VEHICLE L-AIR BAG DEPLOYED 0-NOT EJECTED 2 to 6-PASSENGERS B-UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER I-FULLY EJECTED 7-STA.WGN.REAR C-LAP BELT USED N-OTHER V-NO 2-PARTIALLY EJECTED 1 2 3 8-RR.OCC.TRK.OR VAN D-LAP BELT NOT USED - P-NOT REQUIRED W-YES 3-UNKNOWN 9-POSITION UNKNOWN E-SHOULDER HARNESS USED 4 5 6 0-OTHER F-SHOULDER HARNESS NOT USED CHILD RESTRAINT PASSENGER G-LAP/SHOULDER HARNESS USED Q-IN VEHICLE USED X-NO 7 H-LAP/SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES I-PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK(h SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR RNT PRECEDING LIST NUMBER(/)OF PARTY AT 17AULT TRAFFIC CONTROL DEVICES 1 2 TYPE OF VEHICLE 1 2 3 COLLISION A VC SECTION VIOLATED: CITED A CONTROLS FUNCTIONING - A PASSENGER CAR/STN.WGN r A STOPPED 1 219 5 4 a YES X B CONTROLS NOT FUNCTIONING` B PASSENGER CAR W/TRAILER X B PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING' C CONTROLS OBSCURED C MOTORCYCLE/SCOOTER C RAN OFF ROAD C OTHER THAN DRIVER' D NO CONTROLS PRESENT/FACTOR D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN D UNKNOWN' TYPE OF COLLISION E PICKUPIPANEL TRK.W/TLR. E MAKING LEFT TURN E FELL ASLEEP' A HEAD-ON F TRUCK OR TRUCK TRACTOR F MAKING U TURN WEATHER(MARK 1 TO 2ITEMS) B SIDESWIPE G TRK./TRK.TRACTOR W/T7..R. G BACKING X A CLEAR C REAR END H SCHOOL BUS H SLOWING/STOPPING B CLOUDY X D BROADSIDE 1 OTHER BUS I PASSING O'T'HER VEHICLE C RAINING E HIT OBJECT J EMERGENCY VEHICLE J CHANGING LANES D SNOWING F OVERTURNED K HWY.CONST.EQUIPMENT K PARKING MANEUVER E FOG/VISIBILITY: G VEHICLE/PEDESTRIAN L BICYCLE L ENTERING TRAFFIC F OTHER': H OTHER': M OTHER VEHICLE M OTHER UNSAFE TURNING G WIND :MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN N XR4G INTO OPPOSING LANE LIGATING A NON-COLLISION O MOPED O PARKED A DAYLIGHT X B PEDESTRIAN P MERGING OTHI-R ASSOCIATED FACTOR B DUSK-DAWN C OTHER MOTOR VEHICLE 1 2 3 MARK I TO 2IT'EMS Q TRAVELING WRONG WAY C DARK-STREET LIGHT'S D MOTOR VEH ON OTHER ROADWAY A VC SECTION VIOLATION:CITE X R OTHER': 21954A PED.ON ROAL X D DARK-NO STREET LIGHTS E PARKED MOTOR VEHICLE E DARK-STREET LIGHTS NOT FUNCTION F TRAIN B VC SECTION VIOLATION:CITE ROADWAY SURFACE G BICYCLE SOBRIETY-DRUG PHYSICAL X A DRY H ANIMAL: C VC SECTION VIOLATION:CITE 1 2 3 MARK I TO 2 TTEMS) B `NET _ A HAD NOT BEEN DRINKING C SNOWY-ICY 1 FDCED OBJECT: E VIS,OBSCURED: X B HBD-UNDER INFLUENCE D SLIPPERY(MUDDY.OILY,ETCA F INATTENTION' X C HBD-NOT UNDER INFLUENCE- 1 OTHER OBJECT: G STOP&,GO TRAFFIC D HBD-IMPAIRMENT UNK.' ROADWAY CONDITIONS MARK I TO 2 ITEMS PEDESTRIAN'S ACTIONS H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE' A HOLES,DEEP RUTS' A NO PEDESTRIAN INVOLVED 1 PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL' B LOOSE MATERIAL ON RDWY' B CROSSING IN XWALKANTERSECTION J UNFAMILIAR WITH ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' C CROSSING IN XWALK NOT AT K DEFECTIVE VEH.EQUIP.:CITE H NOT APPLICABLE INTERSECTION D CONSTRUCTION-REPAIR ZONE i SLEEPY/FATIGUED E REDUCED ROADWAY WIDTH X. D CROSSING NOT IN CROSSWALK L UNINVOLVED VEHICLE SPECIAL Lr-FORMATION F FLOODED' E IN ROAD-INCLUDES SHOULDER X M OTHER': DRUNK PEDESTRIAN A HAZARDOUS MATERIAL G OTHER': F NOT iN ROAD X N NONE APPARENT B SEATBELT FAILURE X H NO UNUSUAL CONDITIONS G APPROACHING/LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH MISCELLANEOUS STATE OF CA{.IFORNIA (2 1 INJUUDiWITNESSES/PASSENGERS PAGE 3 OF ' DATE OF:OLUISION TIME(2400) qw NCIC NUMBER OFFICER I.D. NUMBER 07 - 09 - 96 2200 9320 006212 7-106 EXTENT OF INJURY ('X' ONE) INJURED WAS ('X' ONE) WITNESS PASSENGER ACE SEX PARTY SEAT SAFETY EJECTED ONLY ONLY FATAL SEVERE OTHER VISIBLE COMPLAINT NUMBER POS. EQUIP. INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BIKE OTHER 37 M X X 1 1 NAME/D.O.B./ADDRESS TELEPHONE DAVID LEMAR LEWIS 06-17-59 H-216 MADISON AVE. , PITTSBURG, CA, 94565 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: AMR AMBULANCE JOHN MUIR HOSPITAL WALNUT CREEK DESCRIBE INJURIES: BROKEN FEMUR VICTIM OF VIOLENT CRIME NOTIFIED 1 I 's Im '--7 T- . I I I I I NAME/D.O.B./ADDRESS TELEPHONE BRIAN KNOTT 03-10-81 H-2301 WILLOW PASS RD. , PITTSBURG, CA, 94565 (510) 458-4252 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED 2 150 IM NAME/D.O.B./ADDRESS TELEPHONE ALAN MARCIEL 10-03-45 H-29 BELLA VISTA AVE. , PITTSBURG, CA, 94565 (510) 458-4085 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: r I VICTIM OF VIOL eir CRIME NOTIFIED NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: r I VICTIM OF VIOLENT CRIME NOTIFIED NAME/D.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED PREPARER'S NAME I.D NUMBER MO. DAY YR. REVIEWER'S NAME MO. DAY YR. HARVEY, M 006212 09-08-96 STATE OF CALIFORNIA . L NARRATIVE151JPPLEMENTAL PAGE '1 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/09/96 2200 9320 006212 04SK6791 - 0 1 FACTS . 2 3 NOTIFICATION: I was dispatched to a call of an injury traffic collision, with 4 an ambulance responding at 2205 hours. I responded from Kirker Pass Rd. and s arrived on scene at 2215 hours. All times, speeds and measurements in this 6 investigation are approximate. Measurements were taken by rollmeter. 7 s SCENE: At the scene of this collision, Willow Pass Rd. is a 9 eastbound/westbound roadway consisting of two lanes in an area mixed with 10 business and private residences. The roadway is straight and level. The surface is 11 composed primarily of asphalt. Willow Pass Rd. is intersected by Highway Ave. 12 Highway Ave. is a north/south residential roadway consisting of two lanes . The 13 roadway is straight and level . The surface is composed primarily of asphalt . 14 The intersection is controlled by a stop sign on Highway Ave. See diagram. 15 16 PARTIES: 17 18 PAY # I (Lewis) was located at the collision scene at approx. 2215 hrs. only to 19 get a preliminary report on his injuries. Party Lewis was later contacted at John 20 Muir Hospital by Officers Mecham and Young. Party #1 did not have 21 identification. Lewis was in a wheelchair at the time of the collision and there 22 was damage to it. Party #I was placed as a party by the following items: 23 24 - Party #2 statement 25 - injuries to himself 26 - witnesses statement 27 28 Party # 2 ongaliol was located at the collision scene @ approx. 2215. Party 29 Dongallo was identified by a valid California driver's license. Dongallo was 30 placed as a party by the following items: 31 32 - personal statements % 33 - witnesses statements 34 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARVEY 006212 07/09/96 STATE OF CALIFORNIA i • NAR ATIVE/SUPPLEMENTAL PAGE DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/09/96 2200 9320 006212 04SK6791 1 Dodge pickup, Driver # 2's vehicle, was located on its wheels at the collision 2 scene and had front end damage vehicle was driven from the scene. 3 4 PHYSICAL EVIDENCE: 5 6 Skidmarks and Debris: There were skidmarks in the roadway. Skidmarks 7 showed that Veh. #2 was in -uh E/B lane st.+.he time of the collision. The s wheelchair had right side damage indicating that impact was from the west. 9 10 juries: Party #1 Lewis had abrasions to his left hand and left knee as first 11 reported at the scene, later at the hospital it was found that Party Lewis had a 12 broken left Femur. Party Lewis was transported by Ambulance to the hospital. 13 14 Sobriety: Party #1 Lewis had an odor of an alcoholic beverage on his breath at 15 the scene. Officers Mecham and Young made contact with Party #1 at the 16 hospital and they detected the odor of an alcoholic beverage on him also. Party 17 #1 was asked and agreed to provide a blood sample. Sample was withdrawn by 18 Bruce Kenegy from B.A.D. Results from the sample was .20% 19 20 21 STATEMENTS: 22 23 Party # 1_(Lewis) Could not recall what occurred. 24 25 Party # 2 ongall) related that he was e/b on Willow Pass Rd. at approx. 20- 26 25 mph when he saw people standing on the south side of the roadway yelling. 27 Party #2 stated that he never saw Party #1 until he felt the impact and looked up 28 and saw Party #I flying over the hood. 29 30 Witness arciell related that he was standing on the south side of the roadway 31 when he saw Party #2 e/b on Willow Pass Rd. approaching the area where the 32 collision occurred. Witness said that he saw Party #I in his wheelchair on the 33 north side of the road starting to cross the road. Witness stated that Party #1 34 hesitated in the middle of the roadway until Veh. #2 was almost on him and he PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARVEY 006212 07/09/96 STATE OF CALIFORNIA DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/09/96 2200 9320 006212 04SK6791 . 0 1 then started across the e/b lane directly in front of Veh. #2. Witness stated that 2 Party #2 never had a chance to take evasive action of any kind and veh. 42 struck 3 Party #1 wheelchair, ejecting Party 91. 4 5 6 7 s OPINIONS AND CONCLUSIONS 9 10 • Party #1 was in a wheelchair on the north side of Willow Pass Rd. 11 just west of Highway Ave. with the intention of crossing. Party 41 had been 12 drinking and had a blood alcohol level of.20%. Party #2 was e/b on Willow Pass 13 Rd. approaching Highway Ave. Party #1 started to cross the road and when he 14 got in the middle he stopped for a short time, then started to cross the rest of the 15 way. Party #2 was looking away from Party #I location at the moment Party #1 16 crossed in front of him. Veh. #2 struck Party #1 and ejected him from the 17 wheelchair. The lighting in the area is not good enough to see dark objects easily 18 and Party #1 crossed the road between intersections, and made his final move 19 directly in front of Veh. #2. 20 21 AREA OF IMPACT: was the e/b lane of Willow Pass Rd. approx. 15' west of 22 Highway Ave. 23 24 CAUSE: of collision was Party #1 crossing in the roadway outside of a 25 crosswalk, and also being intoxicated. 26 27 REC MMENDATIONS Party #1 be prosecuted for crossing the roadway 28 outside of a crosswalk and violating Party #2 right of way (21954). 29 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARVEY 006212 07/09/96 -STATE OF CALIFORNIA rJ _ P L M P 1/ DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/09/96 2200 9320 006212 04SK6791 D L 1 N I t DIRT AREA S/B NB I 1 DIRT AREA dols CONCRETE CURB CONCRETE CURB BIKE LANE WB ---------------I------ lz 2 WAY LEFT TURN LANE iz Z, ------------------- -��---�---- E/B sms 1z - ------- -------------1 BIKE LANE -- --- CONCRETE CURB --� pIAGRAM PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARVEY 006212 07/09/96 -STATE OF CALIFORNIA Q A V / P LEM A _ PAQE E DATE OF IKCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/09.-96 2200 9320 006212 04SK6791 D (� N DIRT AREA S/B N/B DIRT AREA 1 t18'--o-♦17a- dOlS CONCRETE CURB 1z CONCRETE CURB -� BIKE LANE w/B ---------------I------ lz 2 WAY LEFT TURN LANE PARTY#1 1z ----------- ------------t-------- E/B VEH.#2 i 1z ---------------------------- ------ BIKE,LANE I CONCRETE CURB SKETCH PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M HARVEY 006212 07/09/96 •' CLAIM (C BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA / October 15, 1996 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Boar-, 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 purl �9= Amount: $10,000.00+ Section 913 and 915.4. Pleasea" ll 'Warnings'' CLAIMANT: David Ldtais OCT 0 1 1996 ATTORNEY: Craig M. Boeger, Esq. MARTINEZCALIF` Law Offices of Arnold Laub Date received ADDRESS: 43 Panoramic Way BY DELIVERY TO CLERK ON September 30, 1996 Walnut Creek, CA 94595 BY MAIL POSTMARKED: illegible:postmark: certified mail 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQJ�IIL ggATC ELOR. Clerk DATED: October 1, 1996 8 : Depu y �/L- � 4a_ala- I1. 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: Dated: l"t BY: �A,.�%l/Z(,�G��U 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). 1V. 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 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. If you want to consult an attorney, you should do so immediately. * For Additional Warning 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Cc.:r.se' County Administrator n ; LAW OFFICES OF ARNOLD LAUB 'w/25 A PROFESSIONAL CORPORATION CORPORATE HEADQUARTERS THE LAUB BUILDING• 807 MONTGOMERY STREET• SAN FRANCISCO, CA 94133 TEL: 415/362-0101• FAX: 415/296-8841 •INTERNET: alaub@laub.com PLEASE REPLY TO: WALNUT CREEK Arnold Laub,Esq. RECEIVED President September 27, 1996 Sm3 010 CLERK BOARD OF SUPERVISORS Clerk of the Board CONTRA COSTA CO. David A.Asch 651 Pine Street, First Floor Craig E Ashton Court Administration Bldg. Craig M.Boeger Martinez, CA 94553 Michael E.Cardoza Scott T.Dunning Draper B.Gregory Re: Lewis v. State of California, et al, Frank M.Morelli Michael B.Nishiyama Roger L.Sisneros Dear Sir or Madam: Eric Y.Tosaris Richard B.Vaught Enclosed please find an original and two copies of the following for filing with Judith C.Wolff the County of Contra Costa: Paige A.Wolverton 1. Notice of Claim Please return the copy in the enclosed self-addressed stamped envelope. With any questions or concerns, I can be reached at (510) 938-4400. Very truly yours, Law Offices of Arnold Laub A Professional Corporation JJAT LUCIDO Leg ssistent to CRA M. BOEGER Attorney at Law Enclosure(s) SACRAMENTO: II07 SECOND STREET, SUITE 310• SACRAMENTO,CA 95814•916/447-8516•FAx: 916/447-0763 SAN JOSE: III NORTH MARKET STREET, SUITE 332•SAN JOSE,CA 95113•4o8/297-5o6o•FAX:408/288-5191 WALNUT CREEK:43 PANORAMIC WAY•WALNUT CREEK,CA 94595•510/938-4400•FAX: 510/947-0172 r � 1 CRAIG M. BOEGER Law Offices of Arnold Laub 2 A Professional Corporation 43 Panoramic Way 3 Walnut Creek, CA 94595 (510) 938-4400 4 (510) 947-0172 5 6 7 8 DAVID LEWIS, 9 NOTICE OF CLAIM .Claimant, 10 V S . 11 RECEIVE THE STATE OF CALIFORNIA; 12 COUNTY OF CONTRA COSTA; AMBROSE PARK AND RECREATIONSEP 3 0 1996 13 DISTRICT, ALEXANDER DONGALLO, DOES I to 20 CLERK BOARD OF SUPERVISOR 14 CONTRA COSTA CO. Defendants, dA 15 TO : THE STATE OF CALIFORNIA; COUNTY OF CONTRA COSTA AND 16 AMBROSE PARK AND RECREATION DISTRICT: 17 PLEASE TAKE NOTICE OF THE FOLLOWING CLAIM: 18 Name and address of Claimant: 19 David Lewis 20 216 Madison Avenue Bay Point, CA 94565 21 SSN: 587-25-0230 DOB : 6-17-59 22 Send all Notices to: 23 Craig M. Boeger, Esq. 24 Law Offices of Arnold Laub A Professional Corporation 25 43 Panoramic Way Walnut Creek, CA 94595 26 (510) 938-4400 (510) 947-0172 Fax 27 Date of Accident: 7-9-96 28 1 1 Place of Accident: Willow Pass Road, Pittsburg, California. 2 Circumstances of Accident: 3 Mr. Lewis was crossing Willow Pass Road in a crosswalk, in his wheelchair when he was struck by Alexander Dongallo, who was 4 driving a vehicle owned by Ambrose Park and Recreation District . See police report attached. Alexander Dongallo was driving in the 5 course and scope of his employment with that agency. 6 injuries: 7 Mr. Lewis suffered multiple injuries involving his neck, back and cervical spine, as well as a broken femur, which required the 8 insertion of a metal plate to stabilize the fracture . 9 General and special damages continue to accrue, however: 10 Medical Expenses to date are: 1. Ambulance $600 . 00 (approx. ) 11 2 . Hospital $5, 000 . 00 TO 10, 000 . 00 (approx. ) and continuing 3.. Physician Unknown at present, but continuing 12 Jurisdiction: 13 In excess of the minimum for Superior Court Jurisdiction. 14 15 Dated: / 16 RAIG Law Offices of Arnold Laub 17 18 19 20 21 22 23 24 25 26 27 28 2 r mos W o a d r N t .D J VIP t W C��