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HomeMy WebLinkAboutMINUTES - 04281987 - 1.22 _ CLAIM �' � BOARA SUPERVISORS OF CONTRA COSTA COUNTY, CAOORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i.l 28 , 1987 and Board Action. All Section references are to ) The copy of this document mailed to ydu 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: $250, 000- 00 Section 913 and 915.4. Please note all "WarninPounty vG:;r.se! CLAIMANT: MICHAEL M. JONES APR,2 3 1987 c/o Ronald M. Schwartz ATTORNEY: Attorney at Law Martinez, CA 945;;;: 140 Mayhew Way, #100B Date received ADDRESS: Pleasant Hill, CA 94523 BY DELIVERY TO CLERK ON March 31 , 1987 applic . to file late claim granted BY MAIL POSTMARKED:" no en.velone I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 13 , 1987 EVIL BATCHELOR, Clerk DATED: P BY: Deputy , X, L. Hall II. 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: C IF BY: JL,/ C. -- 2, eputy 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 (X) 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. APR 2 8 1981 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. 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: APR 2 9 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED MAR--511987 A EIOR Claim Against Public Entity WTDCOMM S�vE TO County of Contra Costa: Michael M. Jones hereby makes claim against the County of Contra Costa for the sum of $250 , 000 . 00 and makes the following statement in support of the claim: 1 . Claimant 's post office address is 3049 Wildwood Drive, Concord, California 94518. 2 . Notices concerning the claim should be sent to Ronald M. Schwartz , Attorney at Law, 140 Mayhew Way, Suite 100B, Pleasant Hill , California 94523 and to Don Bacher, Francis Jones and Michael Jones at 3049 Wildwood Drive, Concord, California 94518 . 3 . The date and place of the accident giving rise to this claim are June 16 , 1986 at Reliez Valley Road at or near its intersection with Alhambra Valley Road in an unincorporated area of Contra Costa County. 4 . The circumstances giving rise to this claim are as follows : At the above time and place claimant was driving a motorcycle and was struck by a vehicle driven by Laura Lee Meiser, 515 Eagle Nest Drive, Martinez , California 94553 . One of the allegedly contributing factors to the occurrence of the collision was a dangerous condition at the intersection of Reliez Valley Road and Alhambra Valley Road, said dangerous condition being the existence of bushes which Laura Lee Meiser, through her attorney, now claims obstructed her view immediately prior to the collision. In addition, this intersection was a dangerous condition because of a failure to have a stop sign or traffic signal at the subject intersection. 5 . Claimant 's injuries include bruises and contusions, pain in the back, and other personal injuries . 6 . The names of the public employees causing the claimant 's injuries are unknown. 7 . The claim as of the date of this claim is for $250, 000. 00. 8 . The basis of computation of the above amount is ' as follows : Medical expenses Unknown at this time Loss of wages General damages $250 , 000. 00 DATED: - f� RONALD M. SCHWARTZ On Behalf of Cla� Michael M. Jones t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ­;laim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA (TRICE) c/o Daniel M. Crawford, Esq_. ATTORNEY: Carroll, Burdick & McDnough One Ecker Bldg. , #400 Date received ADDRESS: San Francisco , CA 94105 BY DELIVERY TO CLERK ON March 30, 1987 BY MAIL POSTMARKED: March 27 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . March 30, 1987 gall BATCtELOR, Clerk e DATED: P y L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors '(x) 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: 8� /9� BY:� / _ eputy 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: APR 2 8 1987 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. 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 a Notice to Claimant, addressed to the claimant RS 2 9 198ve. Dated: BY: PHIL BATCHELOR by _—,Deputy Clerk CC: County Counsel County Administrator XJ. - * TO: BOARD OF SUPERVISORS OF CONTRA COA*rRWYaPpiication to: Instructions to ClaimantC!erk of the Board 651 f%., a ,S./y ,vio 6 Martinez.California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end oT this form. RE: Claim by )Reserved for Clerk's filing stamps Macy' s California ) ��T`'�� . ) j �/ Against the COUNTY OF CONTRA COSTA) MAR,5©1987 ,iONSOLIDATED FIRE DISTRICEISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: ------------------------:--------------- -------------------- -- ---- �. When did the damage or in3ury occur? (Give exact date and hour] December 23,1985,-. at approximately- 8 : 30 p.m. Macy' s was served with . a lawsuit by plaintiffs TRICE on January 26 , 1987 , and Macy' s cause of action for indemnity arose on that date. �.- W�iere did ache damage or_ in3ury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. i -•--------------------------------------------- -----T -------------- 3. How did the damage or in3ury occur? (GiveuII details, use extra sheets if required) See attached Page 1 . 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. f 5. What are the names of county or district officers, servants or- employees causing the damage or injury? Unknown at this time ------------------------------------=--------------- -- ------------- 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. 7. How was the amount claimed above computed? (include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties' recovery against this claimant. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B . Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . --------------------------------------------------------------------T---- 9. List the ex endires you made on account of this accident or injury: r TES ".I. ITEM AMOUNT Ru red and is incurring substantial investigative defense costs , ncluding attorneys fees and further may be. subject tpajtne paypent f damages to injured parties and Macy's seeks iinnemnifoltion for all such damages . Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b me persofi op-his behalf. " Name and Address of Attorney Daniel M. Crawford, Esq. Claim s gnature Carroll , Burdick & McDonough for . Macy ' s C 1" fo nia One Ecker Bldg. , Suite 400 Addr@ San Francisco, CA 94105 r. O. Box / Telephone No. 415/495-0500 San Francisco, CA 94120 Tele p Telephone No. 4-LS/954-6014 Attn: William H. King, Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley %hopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom were Sue Trice and Jared Trice. Plaintiffs are claiming damages as set forth in their complaint filed on June 3, 1985, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, prejudgment interest, costs of suit and such other and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indemnity of any recovery against Macy' s by the Plaintiffs claiming damages due to the aircrash. The accident out of which the claiom arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl .Tri LAW OFFICES OF F-2 r r r1 1 WALKUP. SHELBY. BASTIAN. MELODIA KELLY & O'REILLY 2 A PROFESSIONAL CORPORATION 650 CALIFORNIA STREET V v•• V �..,.r 3 SAN FRANCISCO. CALIFORNIA 94108 TELEPHONE (415) 961.7210 4 (_.......... ...Ji..t.. ..... IiY 5 ATTORNEYS FOR PLAINTIFF 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 SUE TRICE and JIM TRICE, individually, JARED TRICE, ) NO. 2-.87075 11 a minor, by and through his ) Guardian ad Litem, SUE TRICE, ) COMPLAINT FOR DAMAGES 12 ) (Personal Injury) Plaintiffs, ) 13 ) VS. ) 14 ) THE BEECH AIRCRAFT CORPORATION, ) 15 GENERAL AVIATION SERVICES, ) JAMES McGHEEHAN, THE ESTATE OF ) 16 JAMES MOUNTAIN GRAHAM, THE SUN ) VALLEY SHOPPING MALL, R.H. MACY) 17 INC. , THE TAUBMAN COMPANY, INC. ) WELLS FARGO BANK, as trustee of) 18 THE TAUBMAN COMPANY, INC. , ) CITY OF CONCORD, COUNTY OF ) 19 CONTRA COSTA, DOES ONE through ) THREE HUNDRED, inclusive, ) 20 ) Defendants. ) 21 ) 22 FIRST CAUSE OF ACTION (Negligence) 23 Plaintiffs complain of defendants, and each of them, and 24 for a First Cause of Action allege: 25 1. The true names or capacities, whether individual, 26 corporate, governmental or associate of the defendants named I herein as DOE are unknown to plaintiffs who therefore sue said 2 defendants by such fictitious names. Plaintiffs pray leave to 3 amend this complaint to show their true names and capacities 4 when the same have been finally determined. 5 Plaintiffs are informed and believe and, upon such information 6 and belief, allege that each of the defendants designated herein 7 as DOE is negligently or otherwise legally responsible in some 8 manner for the events and happenings herein referred to, and 9 negligently or otherwise caused injury and damages proximately 10 thereby to plaintiffs, as is hereinafter alleged. 11 2. ' At all times herein mentioned, each and every of the 12 defendants herein was the agent, servant, partner, employee, 13 joint venturer and franchisee of each of the remaining defendants, 14 and at all times acting within the course and scope of said agency, 15 service, partnership, employment, joint venture and franchise 16 and each defendant has ratified and approved the acts of the 17 remaining defendants. 18 3. By order of this Court, Sue Trice has been appointed 19 and is serving as the Guardian ad Litem of Jared Trice, a minor. 20 4 . At all times herein mentioned, defendant Beech Aircraft 21 Corporation was a Kansas corporation doing business in the State 22 of California. 23 5. At all times herein mentioned DOES ONE through FIVE 24 were engine manufacturers licensed to do and doing business within 25 the State of California. L..,O..,O91 00 6 6. At all times herein mentioned, DOES SIX through TWENTY MALKUP.SHELBY.BASTIAN. 4CLODIA.KELLY&O'R[ILLT a 2 A►ROFCSSIONAL CORPORATION Q HARTFORD BLDG•30TM FLOOR •SO CALIFORNIA STR CT SAN FRANCISCO.CA 94108 44151 981.7210 I were instrument or other component manufacturers licensed to 2 do arid-doing business within the State of California. 3 7. At all times herein mentioned defendants Beech Aircraft 4 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 5 designed, processed, constructed, manufactured, assembled, 6 prepared, selected materials, parts and components, represented 7 to tests and inspect, manage, maintain, repair, service, own 8 and sold a certain twin engine aircraft known as the Beechcraft 9 Baron. 10 8. At all times herein mentioned, defendants and each of 11 them so negligently and carelessly designed, processed, 12 constructed, manufactured, assembled, prepared, selected materials, 13 parts and components, represented to tests and inspect, manage, 14 maintained, repaired, serviced, owned, leased and sold said 15 aircraft and its component parts so as to cause said aircraft 16 on December 23, 1985 to fall and crash into R.H. Macy, Inc. ' s 17 store in the Sun Valley Mall in Concord, California thereby 18 injuring plaintiffs. 19 9. At all times herein mentioned defendants Sun Valley 20 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 21 and each of them, were business entities the exact form and nature 22 of which are unknown to plaintiffs who pray leave to amend and 23 insert the same when they are ascertained, but which business 24 entities were at all times doing business within the State of 25 California. LA-01►1C911 0/26 10 . At all times herein mentioned R.H. Macy, Inc. was a WALKUP.SHELBY.BASTIAN. MEIOOIA.KELLY l OWILLY _3- A -A PROFESSIONAL CORPORATION 'ME MARTFORO BLOC•3010 FLOOR 870 CALIFORNIA S7pEE7 SAN FRANCISCO.CA 94108 1415/981.7210 I corporation, licensed to do and doing business within the State 2 of CdTifornia. 3 11. At all times herein mentioned, the Wells Fargo Bank, 4 trustee for The Taubman Company, Inc. , and its predecessors in 5 interest, The Taubman Company, Inc. , a Michigan corporation, 6 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 7 entities doing business in the State of California for the purpose 8 of owning, placing, designing, building, leasing, managing and 9 maintaining the shopping mall known as defendant herein Sun Valley 10 Mall. 11 12 . At all times herein mentioned defendants Sun Valley 12 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 13 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 14 through FORTY-FIVE and each of them, negligently, carelessly 15 and recklessly designed, built and placed a shopping center and/or 16 store that attracts a great number of people on a heavily 17 trafficked air corridor,with known and foreseeable visibility 18 problems due to weather patterns in the vicinity of Buchanan 19 Field Airport in the City of Concord, County of Contra Costa, 20 State of California. Said defendants knew or should have known 21 that aircraft were likely to and did fly over their mall and/or 22 store, that weather patterns created specific hazards, and that 23 it was foreseeable that an aircraft might crash and/or collide 24 with said mall and/or store thereby injuring and/or killing patrons 25 on the premises. . r .A.,O,,,cE,,,26 13 . On December 23, 1986 as a direct and proximate':result ti WALKUP.SHELBY.OASTIAIL NELOOIA.KELLY&O'R(ILLY -4- A PROF(SSIOIRAL CORPORATION THE NARTFORO RLM•)OTN FLOOR {SO CALIFORNIA STREET SAN FRANCISCO.CA 9410! 44151 9E1.7210 I of the matters aforesaid, an aircraft on a missed approach crashed 2 and Aell into the above described mall/store thereby injuring 3 plaintiffs as hereinafter set forth. 4 14 . At all times herein mentioned, defendants City of Concord 5 and the County of Contra Costa were, and are governmental entities. 6 15. Within 100 days of the accrual of the within cause 7 of action, written claims for damages setting forth the matters 8 herein alleged were duly and regularly presented to the County 9 of Contra Costa and to the City of Concord on behalf of plaintiffs 10 in accordance with the appropriate sections of the California 11 government code. Said claims have been denied. This claim is 12 timely filed in the time prescribed by law after the denial of 13 said claim. 14 16. At all times herein mentioned, the City of Concord, 15 and/or County of Contra Costa and DOES SEVENTY-ONE through 16 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 17 Field and/or the premises known as and developed as Sun Valley 18 Mall. Said field and mall were negligently and carelessly 19 developed, planned, designed, constructed, operated, maintained 20 and controlled by said public entities in a dangerous, defective 21 and hazardous condition in that, inter alfa, the airfield and 22 mall were located so close to one another that approach and 23 departure corridors overlapped the mall and that aircraft in 24 poor weather conditions would be forced to fly over the mall 25 on approaches and/or departures thereby exposing patrons at the uw ornc[s OF 6 mall to the dangers posed by aircrafts malfunctioning on departure WALKUP.SHELBY.BASTIAN• "CL001A,KELLY A O'REILLY —5— A rROFESSIOMAL CORFORAnom ME"A41FOR0BLDG-]O1•FLOOR [SO CALIFEIANIA STREET SAN FRANCISCO.CA 94100 1 nst 9E14210 I and/or landing. x'-17. Plaintiff is informed and believes and upon such 3 information and belief alleges that at all times herein mentioned, 4 defendants and each of them knew or in the exercise of reasonable 5 care should have known of the. dangerous, deceptive and defective 6 conditions posed by the proximity of said airport and the Sun 7 Valley Mall. 8 18 . As a direct and proximate result of all of the aforesaid 9 negligence and carelessness, and of said dangerous, defective 10 and deceptive condition posed by Buchanan Field and/or Sun Valley 11 Mall and their proximity there was a reasonably foreseeable risk 12 that aircraft would crash and/or fall into Sun Valley Mall causing 13 others to sustain serious bodily injury or death, as the proximate 14 result of the negligence and carelessness and of said condition 15 of said airfield and mall. 16 19. At all times herein mentioned General Aviation Services 17 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 18 maintained, overhauled and oversaw the general airworthiness 19 of a certain Beechcraft Baron aircraft referred to above. 20 20. Plaintiffs are informed and believe and thereon allege 21 that at all times herein mentioned, James McGheehan, and DOES 22 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 23 lessees, or otherwise exercised maintenance or control over a 24 twin engine Beechcraft Baron aircraft referred to hereinabove. 25 21. Plaintiffs are informed and believe and thereon allege, LA-OFFIC40 OP 26 that at all times herein mentioned, James Mountain Graham, WALKUP.SHELBY.BASTIAN, N(lOD1A.KELLY 1 O'RCILIT -6- A PROFESSIONAL CORPORATION 'Nt HARTFORD GLM•70TH FLOOR 4S0 CALIFORNIA STREET SAN FRANCISCO.CA 94108 44151 981.7210 I deceased, and DOE FIFTY-SIX were the pilot and operator of the 2 aforementioned twin engine Beechcraft Baron aircraft. 3 22. Plaintiffs are informed and believe, and thereon allege 4 that at all times herein mentioned, James Mountain Graham, 5 deceased, and DOE FIFTY-SIX were piloting and operating the 6 aforementioned aircraft with the full knowledge, consent and 7 permission of defendants and each of them, and at all times herein 8 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 9 were acting within the course and scope of his employment, 10 independent contract or other relationship with defendants and 11 each of them. 12 23 . On, about or prior to December 23, 1985 defendants 13 and each of them, so negligently, carelessly and recklessly owned, 14 operated, repaired, maintained, overhauled, entrusted, navigated, 15 aviated and inspected the above mentioned Beechcraft Baron aircraft 16 so as to proximately cause it to fail, crash and fall into the 17 Sun Valley Shopping Mall on December 23, 1985 and proximately 18 thereby caused the injuries and damages hereinafter described. 19 24 . At all times herein mentioned DOES FIFTY-SEVEN through 20 SEVENTY were certain architects, designers and engineers the 21 exact identity of which is unknown to plaintiffs at this time 22 who pray leave to amend and insert said identities when the same 23 are finally determined. 24 Plaintiffs are informed and believe and upon such information 25 and belief allege that at all times herein mentioned defendants LAW OFF-C9%OF 26 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, WALKUP.SHELBY.BASTIAN. MC1001&KELLY 1 O'RCILIY -7- •rGOr(SSfOHA(CORPORATION 'H(HA.T11000 OLVQ•301R FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94108 14131 9BI•Fj10 I construction, location and building of the Sun Valley Mall 2 including its safety and escape features . 3 25. At all times herein mentioned, defendants DOES 4 FIFTY-SEVEN through SEVENTY were so negligent and careless in 5 or about the design, location., construction and building of the 6 Sun Valley Shopping Mall that said mall was in a dangerous and 7 defective condition in that it was poorly located, as previously 8 alleged; had inadequate fire fighting, escape and other safety 9 features necessary to protect patrons on or about the premises 10 in the event of fire or other emergency. 11 26. As a direct and proximate result of the negligence 12 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 13 of them as aforesaid plaintiffs suffered and sustained injuries 14 and damages as hereinafter set forth. 15 27. On or about December 23 , 1985 Sue Trice and Jared Trice 16 were patrons on or about the premises of R.H. Macy, Inc. located 17 within the Sun Valley Shopping Mall. As a direct and proximate 18 result of the negligence of each and every defendant as aforesaid 19 plaintiffs were caused to and did sustain permanent and life 20 threatening injuries including but not limited to multiple burns 21 about their bodies and injuries to the adjacent nerves, muscles 22 and ligaments and soft tissues, with resultant extreme pain, 23 suffering, scarring and disfigurement. Plaintiffs are informed 24 and beleive that certain of said injuries are permanent in nature, 25 the exact nature and extent of said permanent injuries being 26 at this time unknown to the plaintiffs. LAw O/PICK•Or WALKUP.SHELBY,BASTIAN. MELOOIA.KELLY&O'NEILLY -8- A►ROFESSIONAL CORPORATION 'NE HARTFORD RLOO.-3OTN FLOOR ASO CALIFORNIA STREET SAN FRANCISCO.G 94108 44151 981.7210 1 28. By reason of the premises, it became necessary for 2 plaiwtiffs to incur expenses for the care and treatment of 3 plaintiffs Sue Trice and of the minor plaintiff Jared Trice for 4 doctors, hospitals, x-ray technicians and other services and 5 incidental expenses. Plaintiffs ' damage in this respect is 6 presently unascertained as said services are still continuing, 7 and plaintiffs will seek leave to insert the elements of damage 8 in this respect when the same are finally determined. 9 29. As a direct and proximate result of all of the aforesaid 10 acts and omissions, negligence and carelessness, the aforementioned 11 aircraft crashed into the Sun Valley Mall on December 23 ,. 1985, 12 resulting in the injuries of plaintiffs Sue Trice and Jared Trice. 13 WHEREFORE, plaintiffs pray judgment against defendants as 14 hereinafter set forth. 15 SECOND CAUSE OF ACTION (Strict Products Liability) 16 Plaintiffs complain of defendants, and each of them, and 17 for a Second Cause of Action allege: 18 30 . Plaintiffs refer to, reallege and incorporate by 19 reference as though fully set forth herein each and every 20 allegation contained in their First Cause of Action. 21 31. At all times herein mentioned the aforesaid Beechcraft 22 Baron aircraft, and its component parts were defective and unsafe 23 for their intended purpose by reason of defects in design and 24 manufacture. 25 32 . The defects in design or manufacture of the foregoing 26 aircraft which was designed and/or manufactured by defendants, VAIRU►.SM(tEY.EASTIAN. ICLOOIA.KELLY 1 O'RC1►LT —9— ..ROIISSLONAl CoRroU1nOM IC"4411060 RIOC.•)Ol"F100R . •SO CALWORN1A STREET SAM FRANCISCO.CA 9.10E 14151 981.7210 I and each of them, caused said aircraft to crash and thereby 2 proximately caused injury to plaintiffs as aforesaid for which 3 defendants, and each of them, are strictly liable in tort. 4 WHEREFORE, plaintiffs pray judgment against defendants, 5 and each of them, as hereinafter set forth. 6 THIRD CAUSE OF ACTION (Premises Liability) 7 Plaintiffs complain of defendants, and each of them, and 8 for a Third Cause of Action, allege: 9 33. Plaintiffs refer to, reallege and incorporate by 10 reference as though fully set forth herein each and every 11 allegation contained in their First Cause of Action. 12 34 . Defendants, and each of them, designed, developed, 13 located, built, leased, owned, managed, maintained, and held 14 open for use by the public certain premises, including certain 15 retail stores including R.H. Macy, Inc. , and the various DOE 16 defendants previously described, DOES SEVENTY-FIVE through ONE 17 HUNDRED, Sun Valley Mall, and Buchanan Field. 18 35. At all times herein mentioned the aforesaid Sun Valley 19 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 20 Field were defective, dangerous and unsafe and posed an 21 unreasonable risk of harm to those persons utilizing said premises 22 for lawful business and non-business purposes . 23 36 . The defects and dangerous conditions of the premises, 24 in design, manufacture, construction and/or location and placement 25 of the foregoing mall, stores, and air field which was designed, LAW Orrst[!OI 26 manufactured, constructed, built and located by defendants, and WALKUP.SNELSY.BASTIAN, MELODIA.KELLY a WREILLY —1 o— A IAOF[SSOMAI CORrORAT10N Mt M.R17CR0 slot•]01.F100R 4110 CALIFORNIA STREET SAN FRANCISCO.G 94108 44150 981.7210 I each of them, proximately caused the injuries to plaintiffs as 2 aforesaid. 3 WHEREFORE, plaintiffs complain of defendants, and each of 4 them, as hereinafter set forth. 5 FOURTH CAUSE OF ACTION (Loss of Consortium) 6 Plaintiffs complain of defendants, and each of them, and 7 for a Fourth Cause of Action allege as follows: 8 37. Plaintiffs by this reference incorporate and make part 9 hereof as if set forth at length, all of the allegations of the 10 First, Second and Third Causes of Action. 11 38. At all times herein mentioned, plaintiffs Sue Trice 12 and Jim Trice were husband and wife. 13 39. As a direct and proximate result of the matters 14 aforesaid, plaintiff Jim Trice suffered the loss of care, comfort, 15 society, sexual relations and services, and all other elements 16 of consortium, to his general and special damages. 17 WHEREFORE, plaintiffs pray judgment against defendants, 18 and each of them, jointly and severally as follows: 19 1. For general damages that may be proved; 20 2. For special damages that may be proved; 21 3. For prejudgment interest as permitted by law; 22 4 . For costs of suit; and 23 5. For such other and further relief as the Cou rt may deem 24 proper. 25 DATED: WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & 'REILLY 26 LAW OIF/CKR OF BY WALKUP.SHELBY.BASTIAN. banl&- HEL061A.KELLY a 0-REILLY DITH J—. N' CHLER •►ROF[SSIDIL -30TM 1O RALPH W. BASTIAN -NE N•RTroRo slot.7oTN noon , JR. . 8SOCALIFORNIA STREET DANIEL DELL'OSSO SAN FRANCISCO.CA 94108 1415?981.7210 11 AtCY'S SUFI VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis . Graham, James Grehl, Wayne , Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony �MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat _ Lewis, Mack-. Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David r,.r rni.i+Ll a"ltlLL �.�arSh , r • .'r Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory t Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora + Thompson, Heather Tillmany, Fir'U Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and Ss EX-OFFICIO AS THE GOVERNING BOARD OF THE CONSOLIDATED FIRE DISTRICT Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 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: Unspecified Section 913 and 915.4. Please note all °Warnings". CLAIMANT: MACY' S CALIFORNIA (TRICE) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. , Suite 400 Date received ADDRESS: Sari Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30, 1987 BY MAIL POSTMARKED: March 27, 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 30, 1987 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) 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: /9,? BY: (J c / eputy 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: APR 2 8 1987 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. AFFIDAVIT OF MAILING 1 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: APR 2 9 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CIAZZ TO: BOARD OF SUPERVISORS OF CONTRA CON*rFOYapplication to: Instructions to ClaimantC!erk of the Board y i P,-., e J."/ f�io 6 Martinez,California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's filing stamps Macy's California ) RECEIVED ) Against the COUNTY' OF CONTRA COSTA) MAR341987 ) or DISTRICT) " (Fill in name ) The• undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �. When did the damage or injury occur? . (Give exact date and hour] December 23, '1985,-. at approximately- 8 : 30 p.m. Macy' s was served with . a lawsuit by plaintiffs -Trice on January 26, 1987. , and Macy' s cause of action for indemnity arose on that date. ------- r- -----------T- ----------------------T---••-------------- �. Where did the damage or_ in3ury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of { Contra Costa. t+ 3. How did the damage or injury occur? (Giveul� details, use extra sheets if required) See attached Page 1 . 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage?. The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants or-- employees causing the damage or injury? Unknown at this time 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See a,-tached Page 1. ----------------------------------------------------------------------=-- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties' recovery against this claimant. Names and addresses ------------------------------------------------------------------------- B. of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and" Concord Police Department reports convering the accident list potential witnesses. 9. List--h�--- -es you made on account of-this accident or injury•. AT ''''��,. ITEM AMOUNT � a � a u red and is incurring substantial investigative defense costs , cluding attorneys fees and further may be. subject tq.,';'%ne p4yment f damages to injured parties and Macy' s seeks indemnification for all such damages . z•x a. Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or some erso on behalf. " Name and Address of Attorney '/✓� Daniel M. Crawford, Esq. Claiman gnature Carroll, Burdick & McDonough for : Macy's C i or One Ecker Bldg. , Suite 400 P. O. ddr5 San Francisco, CA 94105 Box Telephone No. 415/495-0500 San Francisco, CA 94120 p Telephone No. 4-L5-/954-6014 Attn: William H. King, Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley 'ghopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom were Sue Trice and Jared Trice. Plaintiffs are claiming damages as set forth in their complaint filed on June 3, 1985, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, prejudgment interest, costs of suit and such other and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indemnity of any recovery against Macy's by the Plaintiffs claiming damages due to the aircrash. The accident out of which the claiom arose occurred on December 23, 1985 . The cause of action for indemnity arose on or about January 26, 1987. PubEntCl .Tri LAW OFFICES OF (�� r I WALKUP, SHELBY. BASTIAN. MELODIA KELLY & O'REILLY 2 A►ROPE5SIONAL CORPORATION 650 CALIFORNIA STREET 1 1 3 SAN FRANCISCO. CALIFORNIA 94109 TELEPHONE(415) 961.7210 1. n• C_`c, r,nij, ., j 4 <_,....... i.,�i . 5 ATTORNEYS FOR PLAINTIFF .6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 SUE TRICE and JIM TRICE, individually, JARED TRICE, ) NO. 4.87075 11 a minor, by and through his ) Guardian ad Litem, SUE TRICE, ) COMPLAINT FOR DAMAGES 12 ) (Personal Injury) Plaintiffs, ) 13 ) Vs. ) 14 ) THE BEECH AIRCRAFT CORPORATION, ) 15 GENERAL AVIATION SERVICES, ) JAMES McGHEEHAN, THE ESTATE OF ) 16 JAMES MOUNTAIN GRAHAM, THE SUN ) VALLEY SHOPPING MALL, R.H. MACY) 17 INC. , THE TAUBMAN COMPANY, INC. ) WELLS FARGO BANK, as trustee of) 18 THE TAUBMAN COMPANY, INC. , ) CITY OF CONCORD, COUNTY OF ) 19 CONTRA COSTA, DOES ONE through ) THREE HUNDRED, inclusive, ) 20 ) Defendants. ) 21 ) 22 FIRST CAUSE OF ACTION (Negligence) 23 Plaintiffs complain of defendants, and each of them, and 24 for a First Cause of Action allege: 25 1. The true names or capacities, whether individual, 26 corporate, governmental or associate of the defendants named :i' I herein as DOE are unknown to plaintiffs who therefore sue said 2 defendants by such fictitious names. Plaintiffs pray leave to 3 amend this complaint to show their true names and capacities 4 when the same have been finally determined. 5 Plaintiffs are informed and believe and, upon such information 6 and belief, allege that each of the defendants designated herein 7 as DOE is negligently or otherwise legally responsible in some 8 manner for the events and happenings herein referred to, and 9 negligently or otherwise caused injury and damages proximately 10 thereby to plaintiffs, as is hereinafter alleged. 11 2. At all times herein mentioned, each and every of the 12 defendants herein was the agent, servant, partner, employee, 13 joint venturer and franchisee of each of the remaining defendants, 14 and at all times acting within the course and scope of said agency, 15 service, partnership, employment, joint venture and franchise 16 and each defendant has ratified and approved the acts of the 17 remaining defendants. 18 3. By Order of this Court, Sue Trice has been appointed 19 and is serving as the Guardian ad Litem of Jared Trice, a minor. 20 4 . At all times herein mentioned, defendant Beech Aircraft 21 Corporation was a Kansas corporation doing business in the State 22 of California. 23 5. At all times herein mentioned DOES ONE through FIVE 24 were engine manufacturers licensed to do and doing business within 25 the State of California. ..vv o►.IcRR o. 6 6. At all times herein mentioned, DOES SIX through TWENTY AIALKU►SHELBY.BASTIAN. 4[LODIA.KELLY A O'R[ILLY e2... •"OMS-ONAL COR.ORAno* 1[MARY/ORD$tM•SOIM[Loon - 650 CALIFORRIA SYR[[► SAN FRANCISCO.CA 94108 DISI 981.7210 I were instrument or other component manufacturers licensed to 2 do arid- doing business within the State of California. 3 7. At all times herein mentioned defendants Beech Aircraft 4 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 5 designed, processed, constructed, manufactured, assembled, 6 prepared, selected materials, parts and components, represented 7 to tests and inspect, manage, maintain, repair, service, own 8 and sold a certain twin engine aircraft known as the Beechcraft 9 Baron. 10 8. At all times herein mentioned, defendants and each of 11 them so negligently and carelessly designed, processed, 12 constructed, manufactured, assembled, prepared, selected materials, 13 parts and components, represented to tests and inspect, manage, 14 maintained, repaired, serviced, owned, leased and sold said 15 aircraft and its component parts so as to cause said aircraft 16 on December 23, 1985 to fall and crash into R.H. Macy, Inc. 's 17 store in the Sun Valley Mall in Concord, California thereby 18 injuring plaintiffs. 19 . 9. At all times herein mentioned defendants Sun Valley 20 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 21 and each of them, were business entities the exact form and nature 22 of which are unknown to plaintiffs who pray leave to amend and 23 insert the same when they are ascertained, but which. business 24 entities were at all times doing business within the State of 25 California. "Mo,.Ic`SOr26 10. At all times herein mentioned R.H. Macy, Inc. was a WALKUP.SHELBY.BASTIAN. M(L001A.KELLY 8 WREILLY -3- A PK01ESS"ONAL CO-gAT, 'N(NAAf,OKD BLDG-SO' FLOO11 (SO CALIFORNIA STREET SAN FRANCISCO.G 94106 11151 281.7210 I corporation, licensed to do and doing business within the State 2 of California. 3 11. At all times herein mentioned, the Wells Fargo Bank, 4 trustee for The Taubman Company, Inc. , and its predecessors in 5 interest, The Taubman Company, Inc. , a Michigan corporation, 6 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 7 entities doing business in the State of California for the purpose 8 of owning, placing, designing, building, leasing, managing and 9 maintaining the shopping mall known as defendant herein Sun Valley 10 Mall. 11 12 . At all times herein mentioned defendants Sun Valley 12 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 13 Bank as a trustee of The Taubman Company, Inc, and DOES TWENTY-SIX 14 through FORTY-FIVE and each of them, negligently, g carelessly 15 and recklessly designed, built and placed a shopping center and/or 16 store that attracts a great number of people on a heavily 17 trafficked air corridor,with known and foreseeable visibility 18 problems due to weather patterns in the vicinity of Buchanan 19 Field Airport in the City of Concord, County of Contra Costa, 20 State of California. Said defendants knew or should have known 21 that aircraft were likely to and did fly over their mall and/or 22 store, that weather patterns created specific hazards, and that 23 it was foreseeable that an aircraft might crash and/or collide 24 with said mall and/or store thereby injuring and/or killing patrons 25 on the premises. "r LAW OFF,«,0,26 13 . On December 23, 1986 as a direct and proximate'..result WALKUP.SN[lOf.EASTIAN. =,� M(LODIA.KELLY A OTEILU' A oROF[SSIONAL CORPORATION —4— ,N[ 4- 1Nc NARVFORD 9LM•301.FLOOR •SO CALIFORNIA STREET SAN FRANCISCO.G 911105 (4151 981.7210 I of the matters aforesaid, an aircraft on a missed approach crashed 2 and :.fell into the above described mall/store thereby injuring 3 plaintiffs as hereinafter set forth. 4 14 . At all times herein mentioned, defendants City of Concord 5 and the County of Contra Costa were, and are governmental entities. 6 15. Within 100 days of the accrual of the within cause 7 of action, written claims for damages setting forth the matters 8 herein alleged were duly and regularly presented to the County 9 of Contra Costa and to the City of Concord on behalf of plaintiffs 10 in accordance with the appropriate sections of the California 11 government code. Said claims have been denied. This claim is 12 timely filed in the time prescribed by law after the denial of 13 said claim. 14 16. At all times herein mentioned, the City of Concord, 15 and/or County of Contra Costa and DOES SEVENTY-ONE through 16 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 17 Field and/or the premises known as and developed as Sun Valley 18 Mall. Said field and mall were negligently and carelessly 19 developed, planned, designed, constructed, operated, maintained 20 and controlled by said public entities in a dangerous, defective 21 and hazardous condition in that, inter alia, the airfield and 22 mall were located so close to one another that approach and 23 departure corridors overlapped the mall and that aircraft in 24 poor weather conditions would be forced to fly over the mall 25 on approaches and/or departures thereby exposing patrons at the 26 mall to the dangers posed by aircrafts malfunctioning on departure LAM O.IKR O/ WALKUP.SHELBY.BASTIAN. MELOOIA,KELLY A O'REILLY -5- A I4OF[SSIONAL CORPORATION ME"607,040 OLM•301.FLOOR GSO CALIFORNIA STREET SAN FRANCISCO.CA 96100 C4 15)9867210 I and/or landing. 2 x-•17. Plaintiff is informed and believes and upon such 3 information and belief alleges that at all times herein mentioned, 4 defendants and each of them knew or in the exercise of reasonable 5 care should have known of the.. dangerous, deceptive and defective 6 conditions posed by the proximity of said airport and the Sun 7 Valley Mall. 8 18 . As a direct and proximate result of all of the aforesaid 9 negligence and carelessness, and of said dangerous, defective 10 and deceptive condition posed by Buchanan Field and/or Sun Valley 11 Mall and their proximity there was a reasonably foreseeable risk 12 that aircraft would crash and/or fall into Sun Valley Mall causing 13 others to sustain serious bodily injury or death, as the proximate 14 result of the negligence and carelessness and of said condition 15 of said airfield and mall. 16 19. At all times herein mentioned General Aviation Services 17 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 18 maintained, overhauled and oversaw the general airworthiness 19 of a certain Beechcraft Baron aircraft referred to above. 20 20. Plaintiffs are informed and believe and thereon allege 21 that at all times herein mentioned, James McGheehan, and DOES 22 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 23 lessees, or otherwise exercised maintenance or control over a 24 twin engine Beechcraft Baron aircraft referred to hereinabove. 25 21. Plaintiffs are informed and believe and thereon allege, 26 that at all times herein mentioned, James Mountain Graham, WALKUP.SHELBY.BASTIAN. NELODIA.KELLY A O'REILLY •PROFESSIONAL CORPORATION V 'H(HARTFORD BLDG•30IN FLOOR - 650CALIFORNIA STREET SAN FRANCISCO.CA 961DB 911S1 961.7210 I deceased, and DOE FIFTY-SIX were the pilot and operator of the 2 aforementioned twin engine Beechcraft Baron aircraft. 3 22. Plaintiffs are informed and believe, and thereon allege 4 that at all times herein mentioned, James Mountain Graham, 5 deceased, and DOE FIFTY-SIX were piloting and operating the 6 aforementioned aircraft with the full knowledge, consent and 7 permission of defendants and each of them, and at all times herein 8 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 9 were acting within the course and scope of his employment, 10 independent contract or other relationship with defendants and 11 each of them. 12 23 . On, about or prior to December 23, 1985 defendants 13 and each of them, so negligently, carelessly and recklessly owned, 14 operated, repaired, maintained, overhauled, entrusted, navigated, 15 aviated and inspected the above mentioned Beechcraft Baron aircraft 16 so as to proximately cause it to fail, crash and fall -into the 17 Sun Valley Shopping Mall on December 23, 1985 and proximately 18 thereby caused the injuries and damages hereinafter described. 19 24 . At all times herein mentioned DOES FIFTY-SEVEN through 20 SEVENTY were certain architects, designers and engineers the 21 exact identity of which is unknown to plaintiffs at this time 22 who pray leave to amend and insert said identities when the same 23 are finally determined. 24 Plaintiffs are informed and believe and upon such information 25 and belief allege that at all times herein mentioned defendants LAW OfPt«.0F26 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, WALKUP.SN[ts I,BAsnAN. N[LODIA.K[llt A O'K[ILLY —7— •�rtatssroNA�CompownoN MAKIF0A9910f.•)OTR FLOOK . 450 CAIIIOA1.14 SIR[[i SAN FRANCISCO.CA 9410, It 151 981.7210 I construction, location and building of the Sun Valley Mall 2 including its safety and escape features. 3 25. At all times herein mentioned, defendants DOES 4 FIFTY-SEVEN through SEVENTY were so negligent and careless in 5 or about the design, location, construction and building of the 6 Sun Valley Shopping Mall that said mall was in a dangerous and 7 defective condition in that it was poorly located, as previously 8 alleged; had inadequate fire fighting, escape and other safety 9 features necessary to protect patrons on or about the premises 10 in the event of fire or other emergency. 11 26 . As a direct and proximate result of the negligence 12 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 13 of them as aforesaid plaintiffs suffered and sustained injuries 14 and damages as hereinafter set forth. 15 27. On or about December 23, 1985 Sue Trice and Jared Trice 16 were patrons on or about the premises of R.H. Macy, Inc. located 17 within the Sun Valley Shopping Mall. As a direct and proximate 18 result of the negligence of each and every defendant as aforesaid 19 plaintiffs were caused to and did sustain permanent and life 20 threatening injuries including but not limited to multiple burns 21 about their bodies and injuries to the adjacent nerves, muscles 22 and ligaments and soft tissues, with resultant extreme pain, 23 suffering, scarring and disfigurement. Plaintiffs are informed 24 and beleive that certain of said injuries are permanent in nature, 25 the exact nature and extent of said permanent injuries being 26 at this time unknown to the plaintiffs. L.-OFF-CK!of WALKUP.SHELBY.BASTIAN. NELOOIA.KELLY A VREILLT —8— A POWISSIONAL CORPORATION :NE NARTFORO BLDG-301N FLOOR ASO CALIFORNIA STREET SAN FRANCISCO.CA 94106 1415)981!7210 1 28. By reason of the premises, it became necessary for 2 plaintiffs to incur expenses for the care and treatment of 3 plaintiffs Sue Trice and of the minor plaintiff Jared Trice for 4 doctors, hospitals, x-ray technicians and other services and 5 incidental expenses. Plaintiffs ' damage in this respect is 6 presently unascertained as said services are still continuing, 7 and plaintiffs will seek leave to insert the elements of damage 8 in this respect when the same are finally determined. 9 29. As a direct and proximate result of all of the aforesaid 10 acts and omissions, negligence and carelessness, the aforementioned 11 aircraft crashed into the Sun Valley Mall on December 23 , 1985, 12 resulting in the injuries of plaintiffs Sue Trice and Jared Trice. 13 WHEREFORE, plaintiffs pray judgment against defendants as 14 hereinafter set forth. 15 SECOND CAUSE OF ACTION (Strict Products Liability) 16 Plaintiffs complain of defendants, and each of them, and 17 for a Second Cause of Action allege: 18 30. Plaintiffs refer to, reallege and incorporate by 19 reference as though fully set forth herein each and every 20 allegation contained in their First Cause of Action. 21 31. At all times herein mentioned the aforesaid Beechcraft 22 Baron aircraft, and its component parts were defective and unsafe 23 for their intended purpose by reason of defects in design and 24 manufacture. 25 32 . The defects in design or manufacture of the foregoing uw ornccs or 26 aircraft which was designed and/or manufactured by defendants, WALKUP.SHELBY.BASTIAN. ICLOOIA.KELLY 1 O*R[ILLY —9— PROF(SSIONAL CORPORATION 77 K N.RIFORo e'v_.FLOOR {SO CALIFORNIA STREET SAN FRANCISCO.CA 9410• 14151 9B1-7I10 f I and each of them, caused said aircraft to crash and thereby 2 proximately caused injury to plaintiffs as aforesaid for which 3 defendants, and each of them, are strictly liable in tort. 4 WHEREFORE, plaintiffs pray judgment against defendants, 5 and each of them, as hereinafter set forth. 6 THIRD CAUSE OF ACTION (Premises Liability) 7 Plaintiffs complain of defendants, and each of them, and 8 for a Third Cause of Action, allege: 9 33 . Plaintiffs refer to, reallege and incorporate by 10 reference as though fully set forth herein each and every 11 allegation contained in their First Cause of Action. 12 34 . Defendants, and each of them, designed, developed, 13 located, built, leased, owned, managed, maintained, and held 14 open for use by the public certain premises, including certain 15 retail stores including R.H. Macy, Inc. , and the various DOE 16 defendants previously described, DOES SEVENTY-FIVE through ONE 17 HUNDRED, Sun Valley Mall, and Buchanan Field. 18 35. At all times herein mentioned the aforesaid Sun Valley 19 . Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 20 Field were defective, dangerous and unsafe and posed an 21 unreasonable risk of harm to those persons utilizing said premises 22 for lawful business and non-business purposes. 23 36 . The defects and dangerous conditions of the premises, 24 in design, manufacture, construction and/or location and placement 25 of the foregoing mall, stores, and air field which was designed, 26 manufactured, constructed, built and located by defendants, and LAW O/FTCCS 01. WALKUP.SNELOY.BASTIAN. NELOOIIL KELLY&O'REILLY -10- A PWt SS.ONAL CORPORATION NE.AATFCQD IILM•]OIN FLOOR ASO CALIFORNIA STREET SAN FRANCISCO.CA 94108 141SF 9867210 I each of them, proximately caused the injuries to plaintiffs as 2 aforesaid. 3 WHEREFORE, plaintiffs complain of defendants, and each of 4 them, as hereinafter set forth. 5 FOURTH CAUSE OF ACTION (Loss of Consortium) 6 Plaintiffs complain of defendants, and each of them, and 7 for a Fourth Cause of Action allege as follows: 8 37. Plaintiffs by this reference incorporate and make part 9 hereof as if set forth at length, all of the allegations of the 10 First, Second and Third Causes of Action. 11 38 . At all times herein mentioned, plaintiffs Sue Trice 12 and Jim Trice were husband and wife. 13 39. As a direct and proximate result of the matters 14 aforesaid, plaintiff Jim Trice suffered the loss of care, comfort, 15 society, sexual relations and services, and all other elements 16 of consortium, to his general and special damages. 17 WHEREFORE, plaintiffs pray judgment against defendants, 18 and each of them, jointly and severally as follows: 19 1 . For general damages that may be proved; 20 2 . For special damages that may be proved; 21 3. For prejudgment interest as permitted by law; 22 4 . For costs of suit; and 23 5. For such other and further relief as the Court may deem 24 proper. 25 DATED: WALKUP, SHELBY, BASTIAN, MELODIA, 26 KELLY & 'REILLY LAW OI,1CCS OF BY � WALKUR SHELBY.BASTIAN, a2au&- NELODIA KELLY I O'RLILLT DITH J. N' CHLER A►ROMSIONAL COAPORATION RALPH W. BASTIAN, JR. I MARTFORO lLM•701H FLOOR $50 CALUORNIA STREET DANIEL DELL'OSSO SAN FRANCISCO.CA 94100 1415)981-7210 -11- _MACY'S SUN VALLEY MALL CRASH - . Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony MACY'S SUN VALLEY MALL CRASH - • Kaify, Mohamed Lang, Richard Larsen,, Pat Lewis, Mack,-- Lodge, achLodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann ' Patterson, !Serle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward • t Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, Fh'U Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew * CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION ""-the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 28 , 1987 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S. CALIFORNIA/BUCHANAN FIELD AIRPORT (LARSON) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30, 1987 BY MAIL POSTMARKED: March 27 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. GATED: March 30, 1987 EqIL gATCHELORL : Deput , Clerk y L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) 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 claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 7 BYputy 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 (X) 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: APR 2 8 987 PHIL BATCHELOR, Clerk, By �i�_r 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. 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: APR 2 9 1987 BY: PHIL BATCHELOR by �ie Deputy Clerk CC: County Counsel County Administrator IIS TO: BOARD OF 'SUPERVISORS OF CONTRA CC**QYappiication to: sClerk of the Board ` Instructions to Claimant �,.n A'10 6 Martinez,California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end BY this form. RE: Claim by )Reserved for Clerk's filing stamps Macy' s California ) w RECEIVED Against the COUNTY OF CONTRA COSTA) MAR 1987 ) or BUCHANAN FIELD AIRPORTDISTRICT) s� (Fill -in name ) The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �. When did the damage or in3ury occur? (Give exact date and hour] December 23 , 1985, at approximately- 8 : 30 p.m. Macy' s was served with . a lawsuit by plaintiffs Larson on January 26 , 1987 , and Macy' s cause of action for indemnity arose on that date. . �------ T----------------T--------------(Include cit and count----- � Where did the damage or_ in3ury occur? y y) Sunvalley Shopping Center, City of Concord, County of j Contra Costa. t -♦-•r--------••-----------••----------------- ---- ----T -----------..-� 3. How did the damage or injury occur? (Giveu�� details, use extra sheets if required) See attached Page 1. ---••---------z- r---'r 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants ori employees causing the damage or injury? . Unknown at this time 6. What damage or injuries do you. claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1 . ---------------------------------- -----------------------------------=-- 7. How was the amount claimed abov-e computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity . The amount of damages will be determined by the injured parties ' recovery against this claimant. ----------------------------------------------- 8. Names and addresses of witnesses,11 doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and' Concord Police Department reports conve_ ring the accident list potential witnesses . 9. List the ex ?e-nd eS you made on account of this accident or injury•. `"' r. -' ITEM AMOUNT 7SII 4&r ed and is incurring substantial investigative defense costs , icluding attorneys fees and further may be. subject td'the payFtent o damages to injured parties and Macy's seeks inaemnifidaAion or all such damages . Or Govt. Code Sec. 910.2 provides: "The claim signed by.,,the claimant SEND NOTICES TO: (Attorney) or b ome person o '-s. behalf. " Name and Address of Attorney C Daniel M. Crawford, Esq. `- C aimant s ignature Carroll , Burdick & McDonough for: Macy's Ca i�, rnia One Ecker Bldg. , Suite 400 P. 0. Box San Francisco, CA 94105 Telephone No. 415/495-0500 San Francisco, CA 94120 Tele p Telephone No. 415/954-6014 Attn: William H. Kinq, Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 't 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley tfiopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom was Patricia Larson, who eventually died from her injuries. The husband and children of Patricia Larson are claiming damages as set forth in their complaint filed on June 3, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, pre-death medical expenses, funeral and burial expenses, prejudgment interest, costs of suit and such other and further relief as is deemed proper. See Exhibit A attached. Macy' s claim is for complete and/or partial indemnity of any recovery against Macy's by the children and husband of Patricia Larson claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl .Lar u I� LAW OFFICES OF 1 WALKUP, SHELBY, BASTIAN. MELODIA KELLY & O'REILLY ,1 A PROFESSIONAL CORPORATION �+L.+' U Iv:JC 850 CALIFORNIA STREET !., "C, 1 (`^ , Clerk 3 SAN FRANCISCO. CALIFORNIA 94108 C(*"'•'-'.'i;:'•t.Uil::tiULivi�C TELS►NONE (418) 981.7210 4 5 ATTORNEYS FOR PLAINTIFF 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 WILLIAM LARSON, WILLIAM R. ) LARSON, JR. , SCOTT F. BUCHANAN, ) NO. 287076 11 KURT A. LARSON, a minor, by and) through his Guardian ad Litem, ) COMPLAINT FOR DAMAGES 12 WILLIAM LARSON; and WILLIAM ) (Wrongful Death) LARSON, as Executor of the ) 13 Estate of PATRICIA LARSON, ) Deceased, ) 14 ) Plaintiffs, ) 15 ) VS. ) 16 ) THE BEECH AIRCRAFT CORPORATION, ) 17 GENERAL AVIATION SERVICES, ) JAMES McGHEEHAN, THE ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, THE SUN ) VALLEY SHOPPING MALL, R.H. MACY) 19 INC. , THE TAUBMAN COMPANY, INC. ) WELLS FARGO BANK, as trustee of ) 20 THE TAUBMAN COMPANY, INC. , ) CITY OF CONCORD, COUNTY OF ) 21 CONTRA COSTA, DOES ONE through ) THREE HUNDRED, inclusive, ) 22 ) Defendants. ) 23 ) 24 � - . FIRST CAUSE OF ACTION (Negligence) 25 Plaintiffs complain of defendants, and each of them, and 26 for a First Cause of Action allege: r I 1. The true names or capacities, whether individual, 2 corporate, governmental or associate of the defendants named 3 herein as DOE are unknown to plaintiffs who therefore sue said 4 defendants by such fictitious names. Plaintiffs pray leave to 5 amend this complaint to show their true names and capacities 6 when the same have been finally determined. 7 Plaintiffs are informed and believe and, upon such information 8 and belief, allege that each of the defendants designated herein 9 as DOE is negligently or otherwise legally responsible in some 10 manner for the events and happenings herein referred to, and 11 negligently or otherwise caused injury and damages proximately 12 thereby to plaintiffs, as is hereinafter alleged. 13 2. At all times herein mentioned, each and every of the 14 defendants herein was the agent, servant, partner, employee, 15 joint venturer and franchisee of each of the remaining defendants, 16 and at all times acting within the course and scope of said agency, 17 service, partnership, employment, joint venture and franchise 18 and each defendant has ratified and approved the acts of the 19 remaining defendants. 20 3. Plaintiff William Larson is the surviving husband of 21 Patricia Larson, deceased. Plaintiffs William R. Larson, Jr. , 22 Scott F. Buchanan, Jr. , and Kurt A. Larson, a minor, are the 23 surviving children of Patricia Larson, deceased. Said plaintiffs 24 constitute all the heirs at law of Patricia Larson. By Order 25 of this Court, William Larson has been appointed and is serving 26 as the Guardian ad Litem of Kurt A. Larson, a minor. LAW OFFICES OF WALKUP.SHELBY,BASTIAN. MELODIA.KELLY Il O'REILLY -2 A PROFESSIONAL CORPORATION HE HARTFORD BLDG.•IOM FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94105 UIS)901.7210 1 4. At all times herein mentioned, defendant Beech Aircraft 2 Corporation was a Kansas corporation doing business in the State J-• 3 of California. 4 5. At all times herein mentioned DOES ONE through FIVE 5 were engine manufacturers licensed to do and doing business within 6 the State of California. 7 6. At all times herein mentioned, DOES SIX through TWENTY 8 were instrument or other component manufacturers licensed to 9 do and doing business within the State of California. 10 7. At all times herein mentioned defendants Beech Aircraft 11 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 12 designed, processed, constructed, manufactured, assembled, 13 prepared, selected materials, parts and components, represented 14 to tests and inspect, manage, maintain, repair, service, own 15 and sold a certain twin engine aircraft known as the Beechcraft 16 Baron. 17 8. At all times herein mentioned, defendants and each of 18 them so negligently and carelessly designed, processed, 19 constructed, manufactured, assembled, prepared, selected materials, 20 parts and components, represented to tests and inspect, manage, 21 maintained, repaired, serviced, owned, leased and sold said 22 aircraft and its component parts so as to cause said aircraft 23 on December 23, 1985 to fall and crash into R.H. Macy, Inc. 's 24 store in the Sun Valley Mall in Concord, California thereby killing 25 Patricia Larson. 26 9. At all times herein mentioned defendants Sun Valley 4Aw OFFICES O/ WALKUP.SHELBY.BASTIAN. NEL001A.KELLY A VREILLY -3- A PROFESSIONAL CORPORATION [NARTFORO BLOC•707h FLOOR 4S0 CALIFORNIA STREET SAN FRANCISCO.CA 94108 14151 981.7210 1 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 2 and each of them, were business entities the exact form and nature 3 of which are unknown to plaintiffs who pray leave to amend and 4 insert the same when they are ascertained, but which business 5 entities were at all times doing business within the State of 6 California. 7 10. At all times herein mentioned R.H. Macy, Inc. was a 8 corporation, licensed to do and doing business within the State 9 of California. 10 11. At all times herein mentioned, the Wells Fargo Bank, 11 trustee for The Taubman Company, Inc. , and its predecessors in 12 interest, The Taubman Company, Inc. , a Michigan corporation, 13 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 14 entities doing business in the State of California for the purpose 15 of owning, placing, designing, building, leasing, managing and 16 maintaining the shopping mall known as defendant herein Sun Valley 17 Mall. 18 12 . At all times herein mentioned defendants Sun Valley 19 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 20 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 21 through FORTY-FIVE and each of them, negligently, carelessly 22 and recklessly designed, built and placed a shopping center and/or . 23 store that attracts a great number of people on a heavily 24 trafficked air corridor,with known and foreseeable visibility 25 problems due to weather patterns in the vicinity of Buchanan 26 Field Airport in the City of Concord, County of Contra Costa, I.Aw OFFICKf or WALKUP.SHELBY.BASTIAN. NIELOOIA.KELLY!O'KEILLY —4— A PROFESSIONAL CORPORATION HE HARTFORD OLM•70TH FLOOR 050 CALIFORNIA STREET SAN FRANCISCO.CA 94100 44151 9017210 I State of California. Said defendants knew or should have known 2 that aircraft were likely to and did fly over their mall and/or 3 store, that weather patterns created specific hazards, and that 4 it was foreseeable that an aircraft might crash and/or collide 5 with said mall and/or store thereby injuring and/or killing patrons 6 on the premises. 7 13. On December 23, 1986 as a direct and proximate result 8 of the matters aforesaid, an aircraft on a missed approach crashed 9 and fell into the above described mall/store thereby injuring 10 plaintiffs as hereinafter set forth. 11 14 . At all times herein mentioned, defendants City of Concord 12 and the County of Contra Costa were, and are governmental entities. 13 15 . Within 100 days of the accrual of the within cause 14 of action, written claims for damages setting forth the matters 15 herein alleged were duly and regularly presented to the County 16 of Contra Costa and to the City of Concord on behalf of plaintiffs 17 in accordance with the appropriate sections of the California 18 government code. Said claims have been denied. This claim is 19 timely filed in the time prescribed by law after the denial of 20 said claim. 21 16 . At all times herein mentioned, the City of Concord, 22 and/or County of Contra Costa and DOES SEVENTY-ONE through . 23 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 24 Field and/or the premises known as and developed as Sun Valley 25 Mall. Said field and mall were negligently and carelessly developed, planned, designed, constructed, operated, maintained LAW p//IC[S OI 6 WALKUP..SHELBY.SASTIAN. MELODIA.KELLY 1 WREILLY -5- A PROFESSIONAL CORPORATION -ME HARTFORD BLOC•30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94108 44151 981.7210 1 and controlled by said public entities in a dangerous, defective 2 and hazardous condition in that, inter alia, the airfield and 3 mall were located so close to one another that approach and 4 departure corridors overlapped the mall and that aircraft in 5 poor weather conditions would be forced to fly over the mall 6 on approaches and/or departures thereby exposing patrons at the 7 mall to the dangers posed by aircrafts malfunctioning on departure 8 and/or landing. 9 17. Plaintiff is informed and believes and upon such 10 information and belief alleges that at all times herein mentioned, 11 defendants and each of them knew or in the exercise of reasonable 12 care should have known of the dangerous, deceptive and defective 13 conditions posed by the proximity of said airport and the Sun 14 Valley Mall. 15 18 . As a direct and proximate result of all of the aforesaid 16 negligence and carelessness, and of said dangerous, defective 17 and deceptive condition posed by Buchanan Field and/or Sun Valley 18 Mall and their proximity there was a reasonably foreseeable risk 19 that aircraft would crash and/or fall into Sun Valley Mall causing 20 others to sustain serious bodily injury or death, as the proximate 21 result of the negligence and carelessness and of said condition 22 of said airfield and mall. 23 19. At all times herein mentioned General Aviation Services 24 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 25 maintained, overhauled and oversaw the general airworthiness 26 of a certain Beechcraft Baron aircraft referred to above. LAW OFFICES OF WALKUP.SHELBY.BASTIAN. wELODIA.KELLY 1 O'REILLY -6- •►ROFESSiONAI CORPORATION 'NE HARTFORD BLOC-70TH FLOOR . 4'50 CALIFORNIA STREET SAN FRANCISCO.CA 94108 141ST 981-7210 1 20. Plaintiffs are informed and believe and thereon allege 2 that at all times herein mentioned, James McGheehan, and DOES 3 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 4 lessees, or otherwise exercised maintenance or control over a 5 twin engine Beechcraft Baron aircraft referred to hereinabove. 6 21. Plaintiffs are informed and believe and thereon allege, 7 that at all times herein mentioned, James Mountain Graham, 8 deceased, and DOE FIFTY-SIX were the pilot and operator of the 9 aforementioned twin engine Beechcraft Baron aircraft. 10 22 . Plaintiffs are informed and believe, and thereon allege 11 that at all times herein mentioned, James Mountain Graham, 12 deceased, and DOE FIFTY-SIX were piloting and operating the 13 aforementioned aircraft with the full knowledge, consent and 14 permission of defendants and each of' them, and at all times herein 15 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 16 were acting within the course and scope of his employment, 17 independent contract or other relationship with defendants and 18 each of them. 19 23 . On, about or prior to December 23, 1985 defendants 20 and each of them, so negligently, carelessly and recklessly owned, 21 operated, repaired, maintained, overhauled, entrusted, navigated, 22 aviated and inspected the above mentioned Beechcraft Baron aircraft 23 so as to proximately cause it to fail, crash and fall into the 24 Sun Valley Shopping Mall on December 23, 1985 and proximately. 25 thereby caused the injuries and damages hereinafter described. 26 24 . At all times herein mentioned DOES FIFTY-SEVEN through LAW OFFICES 01 WALKUP,SNELOY.BASTIAN. MELODIA.KELLY A VREILLY -7- A PROFESSIONAL CORPORATION E NARTFORO BLOC.•JOTN FLOOR {SO CALIFORNIA STREET SAN FRANCISCO.CAA0B L4I51 9817210 I SEVENTY were certain architects, designers and engineers the 2 exact identity of which is unknown to plaintiffs at this time 3 who pray leave to amend and insert said identities when the same 4 are finally determined. 5 Plaintiffs are informed and believe and upon such information 6 and belief allege that at all times herein mentioned defendants 7 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 8 construction, location and building of the Sun Valley Mall 9 including its safety and escape features. 10 25 . At all times herein mentioned, defendants DOES 11 FIFTY-SEVEN through SEVENTY were so negligent and careless in 12 or about the design, location, construction and building of the 13 Sun Valley Shopping Mall that said mall was in a dangerous and 14 defective condition in that it was poorly located, as previously 15 alleged; had inadequate fire fighting, escape and other safety 16 features necessary to protect patrons on or about the premises 17 in the event of fire or other emergency. 18 26 . As a direct and proximate result of the negligence 19 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 20 of them as aforesaid plaintiffs suffered and sustained injuries 21 and damages as hereinafter set forth. 22 27. On or about December 23 , 1985 Patricia Larson, decedent, 23 was a patron on or about the premises of R.H. Macy, Inc. located 24 within the Sun Valley Shopping Mall. As a direct and proximate 25 result of the negligence of each and every defendant as aforesaid 26 plaintiff was caused to and did suffer severe injuries and burns LAW OFFIC[B OF WALKUP.SHELBY.BASTIAN. pp WELOD1A,KELLY A O'REILLY -8- A PROFESSIONAL CORPORATION ' E NARTfORO BLDG•JOIN FLOOR $50 CALIFORNIA STREET SAN FRANCISCO.CA 94I08 415I 9817210 1 resulting in her death on February 14 , 1986 . 2 28. By reason of the premises, it became necessary for 3 plaintiffs to incur expenses for doctors, hospitals, x-ray 4 technicians and other services required in the care and treatment 5 of said injuries prior to Patricia Larson' s death, and plaintiffs ' 6 damage in this respect is presently unascertained and plaintiffs 7 pray leave to insert the elements of damage in this respect when 8 the same are finally determined. . William Larson, as Executor 9 of the Estate of Patricia Larson, deceased, will seek to recover 10 these elements on behalf of the said Estate. 11 29 . As a direct and proximate result of all of the aforesaid 12 acts and omissions, negligence and carelessness, the aforementioned 13 aircraft crashed into the Sun Valley Mall on December 23, 1985, 14 resulting in the death of plaintiffs ' decedent. 15 30. At all times herein mentioned, William Larson was the 16 lawful husband of Patricia Larson, and William R. Larson, Jr. , 17 Scott F. Buchanan and Kurt A. Larson, a minor, were the children 18 of Patricia Larson. By reason of the death of Patricia Larson, 19 plaintiffs ' decedent, her power to earn and accumulate money 20 and property has been destroyed, and plaintiffs have been 21 permanently deprived of this and of a kind and loving husband 22 and father, and of the care, comfort, love, companionship, 23 services, society, affection, instruction, advice, training, 24 guidance, protection, counsel, support, contributions, inheritance 25 and right of inheritance of said plaintiffs' decedent all to ....OFFICES o. 6 their damage according to proof. WALKUP.SHELBY,BASTIAN. Hf LODIA.KELLY l O'REILLY -9- A (9- A.ROFESS'ONAL CORPORATION ' F NARTFORO BLDG•307N FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 9110E 94151 261-7210 1 31. By reason of the death of Patricia Larson, plaintiffs 2 incur, ed funeral and burial expenses in memory of and for 3 plaintiffs ' decedent in an amount that will be determined at 4 time of trial. 5 WHEREFORE, plaintiffs pray judgment against defendants as 6 hereinafter set forth. 7 SECOND CAUSE OF ACTION (Strict Products Liability) 8 Plaintiffs complain of defendants, and each of them, and 9 for a Second Cause of Action allege: 10 32 . Plaintiffs refer to, reallege and incorporate by 11 reference as though fully set forth herein each and every 12 allegation contained in their First Cause of Action. 13 33 . At all times herein mentioned the aforesaid Beechcraft 14 Baron aircraft, and its component parts were defective and unsafe 15 for their intended purpose by reason of defects in design and 16 manufacture. 17 34 . The defects in design or manufacture of the foregoing 18 aircraft which was designed and/or manufactured by defendants, 19 and each of them, caused said aircraft to crash and thereby 20 proximately caused injury to plaintiffs as aforesaid for which 21 defendants, and each of them, are strictly liable in tort. 22 WHEREFORE, plaintiffs pray judgment against defendants, 23 and each of them, as hereinafter set forth. 24 THIRD CAUSE OF ACTION (Premises Liability) 25 Plaintiffs complain of defendants, and each of them, and i LAW OFFIC99 G.26 for a Third Cause of Action, allege: k I NALKUP.SHELBY.BASTIAN. HELODIA.KELLY B O'REILLY -10 L A PROFESSIONAL CORPORATION "E HARTFORD BLDG.•307"FLOOR 6110 CALIFORNIA STREET SAN FRANCISCO.CA 94108 WS1 9617210 1 35. Plaintiffs refer to, reallege and incorporate by 2 reference as though fully set forth herein each and every 3 allegation contained in their First Cause of Action. 4 36. Defendants, and each of them, designed, developed, 5 located, built, leased, owned, managed, maintained, and held 6 open for use by the public certain premises, including certain 7 retail stores including R.H. Macy, Inc. , and the various DOE 8 defendants previously described, DOES SEVENTY-FIVE through ONE 9 HUNDRED, Sun Valley Mall, and Buchanan Field. 10 37. At all times herein mentioned the aforesaid Sun Valley t1 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 12 Field were defective, dangerous and unsafe and posed an 13 unreasonable risk of harm to those persons utilizing said premises 14 for. lawful business and non-business purposes . 15 38 . The defects and dangerous conditions of the premises, 16 in design, .manufacture, construction and/or location and placement 17 of the foregoing mall, stores, and air field which was designed, 18 manufactured, constructed, built and located by defendants, and 19 each of them, proximately caused the injuries to plaintiffs as 20 aforesaid. • 21 WHEREFORE, plaintiffs pray judgment against defendants, 22 and each of them, jointly and severally as follows : 23 1. For general damages that may be proved; 24 2. For special damages that may be proved; 25 3 . For pre-death medical expenses recoverable to the Estate 26 of Patricia Larson; LAW OFFICES OF WALKUP,SHELBY.BASTIAN. HELODIA.KELLY t O'NEILLY -11- A PROFESSIONAL CORPORATION 'ME MARTfORO BLOC_707H FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94108 (415)9867210 1 4 . For funeral and burial expenses according to proof; 2 5. For prejudgment interest as permitted by law; 3 6. For costs of suit; and 4 7. For such other and further relief as the Court may deem 5 proper. b DATED: WALKU , SHELBY, ASTIAN, MELODIA, KELLY & REILLY 7 BY f d 8 J D TH J. RENTSCHLER RALPH W. BASTIAN, JR. 9 DANIEL DELLIOSSO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Law OFFICE!or _12_ WALKUP.SNELB Y.BASTIAN, NELODIA.KELLY 6 O'NEILLY •GAOFESSIONAL CORPORATION [MARTi0RO BLDG•30TM FLOOR BSO CALIFORNIA STREET SAN FRANCISCO. CA BAtOB tats)SWIM j ACY'S SUN VALLEY MALL CRASH Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian f Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony 'MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mach-• Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plouman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, nU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM y BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA as the EX-OFFICIO AS THE GOVERNING BOARD OF THE CONSOLIDATED FIRE DISTRICT Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 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: Unspecified Section 913 and 915.4. Please note all °Warnings". CLAIMANT: MACY' S CALIFORNIA (LARSON) c/o Daniel 11. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30 , 1987 BY MAIL POSTMARKED: March 27 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ' March 30, 1987 gaIL BAATCtELOR, Clerk DATED- ' y L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) 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: BY: /I`C C �!el:�c— u�y 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 j 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: APR 2 8 199 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. 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: APR 2 91987 BY: PHIL BATCHELOR by vx -&Deputy Clerk CC: County Counsel County Administrator t �LBSI� 1T0: BOARD OF SUPERVISORS OF CONTRA A. rRWYappfication to: Instructions to ClaimantVerk of the Board Martinez,Califomla 94553 A. 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 , California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for rClerk's filin stamps Macy' s California ) xIDL ERD ) iJ Against the COUNTY OF CONTRA COSTA) M987 CONSOLIDATED FIRE DISTRICT or DISTRICT) °� (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: When did the damage or injury occur? (Give exact date and-hour] December 23, 1985, . at approximately- 8 : 30 p.m. Macy' s was served with . a lawsuit by plaintiffs -Larson on January 26, 1987. and Macy s cause of action for indemnity arose on that date. �. Where did the damage or_ in3ury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. F � 3. How did the damage or in3ury occur? (Give dull details, use extra . sheets if required) See attached Page I . 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. �L81P� TO: BOARS OF SUPERVISORS OF CONTRA CC**rYappiicationto: Instructions to ClaimantC!erk of the Board Martinez,California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end oT this form. RE: Claim by )Reserved for Clerk's filin stamps Macy' s California ) E" Against the COUNTY OF CONTRA COSTA) [:L) 987 CONSOLIDATED FIRE DISTRICT ) or DISTRICT) °A (Fill in nameF— The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time . and in support of this claim represents as follows: -------------------------r-------------------------- - - ---- --- ---- �. When did the damage or injury occur? (Give exact date and hour ---- ] December 23,1985,- at approximately- 8 : 30 p.m. Macy' s was served with . a lawsuit by plaintiffs -Larson on January 26, 1987. and Macy' s cause of action for indemnity arose on that date. �.- Where did the damage-or - - - --( - - - y-- ----- j---- injury occur? Include cit and county t Sunvalley Shopping Center, City of Concord, County of { Contra Costa. -T------�T----------------T-T----------••------- - -----T -------------- 3. How did the damage or in3ury occur? (Give dull details, use extra { sheets if required) See attached Page 1 . 4. What particular act or omission on the part of county or officers, servants servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 1 3. A,..Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom was Patricia Larson, who eventually died from her injuries. The husband and children of Patricia Larson are claiming damages as set forth in their complaint filed on June 3, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, pre-death medical expenses, funeral and burial expenses, prejudgment interest, costs of suit and such other and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indemnity of any recovery against Macy' s by the children and husband of Patricia Larson claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl.Lar LAW OFFICES OF 1 WALKUP, SHELBY, BASTIAN. MELODIA • KELLY & O'REILLY 2 A PROFESSIONAL CORPORATION 850 CALIFORNIA STREET C„ !'^ Inti C!erk 3 SAN FRANCISCO. CALIFORNIA 941CB �' i:: t.t al:: Co L:iviY T[LErmoNE 5418) 981.7210 b J-';-A- f?UTY 4 5 ATTORNEYS FOR PLAINTIFF 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 WILLIAM LARSON, WILLIAM R. ) LARSON, JR. , SCOTT F. BUCHANAN, ) NO. 287076 11 KURT A. LARSON, a minor, by and) through his Guardian ad Litem, ) COMPLAINT FOR DAMAGES 12 WILLIAM LARSON; and WILLIAM ) (Wrongful Death) LARSON, as Executor of the ) 13 Estate of PATRICIA LARSON, ) Deceased, ) 14 ) Plaintiffs, ) 15 ) VS. ) 16 ) THE BEECH AIRCRAFT CORPORATION, ) 17 GENERAL AVIATION SERVICES, ) JAMES McGHEEHAN, THE ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, THE SUN ) VALLEY SHOPPING MALL, R.H. MACY) 19 INC. , THE TAUBMAN COMPANY, INC. ) WELLS FARGO BANK, as trustee of) 20 THE TAUBMAN COMPANY, INC. , ) CITY OF CONCORD, COUNTY OF ) 21 CONTRA COSTA, DOES ONE through ) THREE HUNDRED, inclusive, ) 22 j Defendants. ) 23 j 24 FIRST CAUSE OF ACTION (Negligence) 25 Plaintiffs complain of defendants, and each of them, and 26 for a First Cause of Action allege: 1 1. The true names or capacities, whether individual, 2 corporate, governmental or associate of the defendants named 3 herein as DOE are unknown to plaintiffs who therefore sue said 4 defendants by such fictitious names. Plaintiffs pray leave to 5 amend this complaint to show their true names and capacities 6 when the same have been finally determined. 7 Plaintiffs are informed and believe and, upon such information 8 and belief, allege that each of the defendants designated herein 9 as DOE is negligently or otherwise legally responsible in some 10 manner for the events and happenings herein referred to, and 11 negligently or otherwise caused injury and damages proximately 12 thereby to plaintiffs, as is hereinafter alleged. 13 2. At all times herein mentioned, each and every of the 14 defendants herein was the agent, servant, partner, employee, 15 joint venturer and franchisee of each of the remaining defendants, 16 and at all times acting within the course and scope of said agency, 17 service, partnership, employment, joint venture and franchise 18 and each defendant has ratified and approved the acts of the 19 remaining defendants. 20 3. Plaintiff William Larson is the surviving husband of 21 Patricia Larson, deceased. Plaintiffs William R. Larson, Jr. , 22 Scott F. Buchanan, Jr. , and Kurt A. Larson, a minor, are the 23 surviving children of Patricia Larson, deceased. Said plaintiffs 24 constitute all the heirs at law of Patricia Larson. By Order 25 of this Court, William Larson has been appointed and is serving 26 as the Guardian ad Litem of Kurt A. Larson, a minor. LAW OPPICES OF WALKUP.SHELBY.BASTIAN. ' HELODIA.KELLY a O'REILLY —2— A 2— A PROFESSIONAL CORPORATION 'wE HARTFORO BLOG.•SOTN FLOOR 6SO CALIFORNIA STREET i SAN FRANCISCO.U 91108 (415)961.7210 1 4 . At all times herein mentioned, defendant Beech Aircraft 2 Corporation was a Kansas corporation doing business in the State 3 of California. 4 5. At all times herein mentioned DOES ONE through FIVE 5 were engine manufacturers licensed to do and doing business within 6 the State of California. 7 6. At all times herein mentioned, DOES SIX through TWENTY 8 were instrument or other component manufacturers licensed to 9 do and doing business within the State of California. 10 7 . At all times herein mentioned defendants Beech Aircraft 11 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 12 designed, processed, constructed, manufactured, assembled, 13 prepared, selected materials, parts and components, represented 14 to tests and inspect, manage, maintain, repair, service, own 15 and sold a certain twin engine aircraft known as the Beechcraft 16 Baron. 17 8. At all times herein mentioned, defendants and each of 18 them so negligently and carelessly designed, processed, 19 constructed, manufactured, assembled, prepared, selected materials, 20 parts and components, represented to tests and inspect, manage, 21 maintained, repaired, serviced, owned, leased and sold said 22 aircraft and its component parts so as to cause said aircraft 23 on December 23, 1985 to fall and crash into R.H. Macy, Inc. 's 24 store in the Sun Valley Mall in Concord, California thereby killing 25 Patricia Larson. 26 9. At all times herein mentioned defendants Sun Valley LAW offices or WALKUP.SHELBY.BASTIAN. MELOOIA.KELLY A WREILLY —3- 11 OROFESSIONAL CORPORATION .1 14ARTFORO BLDG•30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94103 46151 9817210 1 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 2 and each of them, were business entities the exact form and nature 3 of which are unknown to plaintiffs who pray leave to amend and 4 insert the same when they are ascertained, but which business 5 entities were at all times doing business within the State of 6 California. 7 10. At all times herein mentioned R.H. Macy, Inc. was a 8 corporation, licensed to do and doing business within the State 9 of California. 10 11. At all times herein mentioned, the Wells Fargo Bank, 11 trustee for The Taubman Company, Inc. , and its predecessors in 12 interest, The Taubman Company, Inc. , a Michigan corporation, 13 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 14 entities doing business in the State of California for the purpose 15 of owning, placing, designing, building, leasing, managing and 16 maintaining the shopping mall known as defendant herein Sun Valley 17 Mall. 18 12 . At all times herein mentioned defendants Sun Valley 19 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 20 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 21 through FORTY-FIVE and each of them, negligently, carelessly 22 and recklessly designed, built and placed a shopping center and/or . 23 store that attracts a great number of people on a heavily 24 trafficked air corridor,with known and foreseeable visibility 25 problems due to weather patterns in the vicinity of Buchanan 26 Field Airport in the City of Concord, County of Contra Costa, LAW O..ICtB OF WALKUP.SHELBY.BASTIAN. NELODIA.KELLY\O*REILLY -4- PROFESSIONAL 4-PROFESSIONAL CORPORATION [NARTFORO BLDG.30TH FLOOR 450 CALIFORNIA STREET SAN FRANCISCO.CA 94108 14151 9817210 1 State of California. Said defendants knew or should have known 2 that aircraft were likely to and did fly over their mall and/or 3 store, that weather patterns created specific hazards, and that 4 it was foreseeable that an aircraft might crash and/or collide 5 with said mall and/or store thereby injuring and/or killing patrons 6 on the premises. 7 13. On December 23, 1986 as a direct and proximate result 8 of the matters aforesaid, an aircraft on a missed approach crashed 9 and fell into the above described mall/store thereby injuring 10 plaintiffs as hereinafter set forth. 11 14 . At all times herein mentioned, defendants City of Concord 12 and the County of Contra Costa were, and are governmental entities. 13 15 . Within 100 days of the accrual of the within cause 14 of action, written claims for damages setting forth the matters 15 herein alleged were duly and regularly presented to the County 16 of Contra Costa and to the City of Concord on behalf of plaintiffs 17 in accordance with the appropriate sections of the California 18 government code. Said claims have been denied. This claim is 19 timely filed in the time prescribed by law after the denial of 20 said claim. 21 16. At' all times herein mentioned, the City of Concord, 22 and/or County of Contra Costa and DOES SEVENTY-ONE through 23 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 24 Field and/or the premises known as and developed as Sun Valley 25 Mall. Said field and mall were negligently and carelessly developed, planned, designed, constructed, operated, maintained 111w orIIG[f 012 WALKUP.SHELBY.BASTIAN. MELODIA.KELLY A O'REILLY —5— •01WISSIONAL CORPORATION '•!HARTFORD[LOG•30TH FLOOR 450 CALIFORNIA STREET SAN FRANCISCO.CA 94100 44151 981.7210 I and controlled by said public entities in a dangerous, defective 2 and hazardous condition in that, inter alfa, the airfield and 3 mall were located so close to one another that approach and 4 departure corridors overlapped the mall and that aircraft in 5 poor weather conditions would be forced to fly over the mall 6 on approaches and/or departures thereby exposing patrons at the 7 mall to the dangers posed by aircrafts malfunctioning on departure 8 and/or landing. 9 17. Plaintiff is informed and believes and upon such 10 information and belief alleges that at all times herein mentioned, 11 defendants and each of them knew or in the exercise of reasonable 12 care should have known of the dangerous, deceptive and defective 13 conditions posed by the proximity of said airport and the Sun 14 Valley Mall. 15 18 . As a direct and proximate result of all of the aforesaid 16 negligence and carelessness, and of said dangerous, defective 17 and deceptive condition posed by Buchanan Field and/or Sun Valley 18 Mall and their proximity there was a reasonably foreseeable risk 19 that aircraft would crash and/or fall into Sun Valley Mall causing 20 others to sustain serious bodily injury or death, as the proximate 21 result of the negligence and carelessness and of said condition 22 of said airfield and mall. 23 19. At all times herein mentioned General Aviation Services 24 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 25 maintained, overhauled and oversaw the general airworthiness 26 of a certain Beechcraft Baron aircraft referred to above. LAW OFFICES O/ WALKUP.SHELBY,BASTIAN. MELOOIA.KELLY A&REILLY -6- A PROF[SSIONAL CORPORATION 'w[HARTFORD BLDG.•30TH FLOOR 450 CALIFORNIA STREET SAN FRANCISCO.CA 94108 4415)901-7210 1 20. Plaintiffs are informed and believe and thereon allege 2 that at all times herein mentioned, James McGheehan, and DOES 3 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 4 lessees, or otherwise exercised maintenance or control over a 5 twin engine Beechcraft Baron aircraft referred to hereinabove. 6 21. Plaintiffs are informed and believe and thereon allege, 7 that at all times herein mentioned, James Mountain Graham, 8 deceased, and DOE FIFTY-SIX were the pilot and operator of the 9 aforementioned twin engine Beechcraft Baron aircraft. 10 22. Plaintiffs are informed and believe, and thereon allege 11 that at all times herein mentioned, James Mountain Graham, 12 deceased, and DOE FIFTY-SIX were piloting and operating the 13 aforementioned aircraft with the full knowledge, consent and 14 permission of defendants and each of' them, and at all times herein 15 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 16 were acting within the course and scope of his employment, 17 independent contract or other relationship with defendants and 18 each of them. 19 23 . On, about or prior to December 23, 1985 defendants 20 and each of them, so negligently, carelessly and recklessly owned, 21 operated, repaired, maintained, overhauled, entrusted, navigated, 22 aviated and inspected the above mentioned Beechcraft Baron aircraft 23 so as to proximately cause it to fail, crash and fall into the 24 Sun Valley Shopping Mall on December 23, 1985 and proximately 25 thereby caused the injuries and damages hereinafter described. 26 24 . At all times herein mentioned DOES FIFTY-SEVEN through LAW O►►ICC3 or WALKUP.SHELBY.BASTIAN. 14ELOD1A.KELLY A O'NEILLY —7— PROTEWONAL CORPORATION E HARTFORO BLOC•70TH FLOOR 430 CALUORNIA STREET SAN iRANCISCO.CA 94108 1415)201-7210 I SEVENTY were certain architects , designers and engineers the 2 exact identity of which is unknown to plaintiffs at this time 3 who pray leave to amend- and insert said identities when the same 4 are finally determined. 5 Plaintiffs are informed and believe and upon such information 6 and belief allege that at all times herein mentioned defendants 7 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 8 construction, location and building of the Sun Valley Mall 9 including its safety and escape features. 10 25 . At all times herein mentioned, defendants DOES 11 FIFTY-SEVEN through SEVENTY were so negligent and careless in _ 12 or about the design, location, construction and building of the 13 Sun Valley Shopping Mall that said mall was in a dangerous and 14 defective condition in that it was poorly located, as previously 15 alleged; had inadequate fire fighting, escape and other safety 16 features necessary to protect patrons on or about the premises 17 in the event of fire or other emergency. 18 26 . As a direct and proximate result of the negligence 19 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 20 of them as aforesaid plaintiffs suffered and sustained injuries 21 and damages as hereinafter set forth. 22 27. On or about December 23 , 1985 Patricia Larson, decedent, 23 was a patron on or about the premises of R.H. Macy, Inc. located 24 within the Sun Valley Shopping Mall. As a direct and proximate 25 result of the negligence of each and every defendant as aforesaid 26 plaintiff was caused to and did suffer severe injuries and burns LAW OFPI[[f o/ WALKUP.SHELBY.BASTIAN. WELOOM KELLY 0 O'REILLY 8-� A PROFESSIONAL CORPORATION '�E HARTFORD BLO4.70TH FLOOR 6S0 CALIFORNIA STREET' SAN FRANCISCO.CA 94105 1415)981 7210 I resulting in her death on February 14 , 1986 . 2 28. By reason of the premises, it became necessary for 3 plaintiffs to incur expenses for doctors, hospitals, x-ray 4 technicians and other services required in the care and treatment 5 of said injuries prior to Patricia Larson's death, and plaintiffs ' 6 damage in this respect is presently unascertained and plaintiffs 7 pray leave to insert the elements of damage in this respect when 8 the same are finally determined. William Larson, as Executor 9 of the Estate of Patricia Larson, deceased, will .seek to recover 10 these elements on behalf of the said Estate. 11 29. As a direct and proximate result of all of the aforesaid 12 acts and omissions, negligence and carelessness, the aforementioned 13 aircraft crashed into the Sun Valley Mall on December 23, 1985, 14 resulting in the death of plaintiffs ' decedent. 15 30. At all times herein mentioned, William Larson was the 16 lawful husband of Patricia Larson, and William R. Larson, Jr. , 17 Scott F. Buchanan and Kurt A. Larson, a minor, were the children 18 of Patricia Larson. By reason of the death of Patricia Larson, 19 plaintiffs ' decedent, her power to earn and accumulate money 20 and property has been destroyed, and plaintiffs have been 21 permanently deprived of this and of a kind and loving husband 22 and father, and of the care, comfort, love, companionship, 23 services, society, affection, instruction, advice, training, 24 guidance, protection, counsel, support, contributions, inheritance 25 and right of inheritance of said plaintiffs' decedent all to L.w C..10E1 0. 6 their damage according to proof . WALKUP.SHELBY.BASTIAN. HELODIA.KELLY&O'REILLY —9— A 9— A.ROFESSiONAL CORPORAnON ' [NARTFORO SLOG•)OTN FLOOR 6S0 CALIFOANIA STREET SAN FRANCISCO.CA 94108 14151 981-7210 1 31. By reason of the death of Patricia Larson, plaintiffs 2 incuxrpd funeral and burial expenses in memory of and for 3 plaintiffs' decedent in an amount that will be determined at 4 time of trial. 5 WHEREFORE, plaintiffs pray judgment against defendants as 6 hereinafter set forth. 7 SECOND CAUSE OF ACTION (Strict Products Liability) 8 Plaintiffs complain of defendants, and each of them, and 9 for a Second Cause of Action allege : 10 32 . Plaintiffs refer to, reallege and incorporate by 11 reference as though fully set forth herein each and every 12 allegation contained in their First Cause of Action. 13 33 . At all times herein mentioned the aforesaid Beechcraft 14 Baron aircraft, and its component parts were defective and unsafe 15 for their intended purpose by reason of defects in design and 16 manufacture. 17 34 . The defects in design or manufacture of the foregoing 18 aircraft which was designed and/or manufactured by defendants, 19 and each of them, caused said aircraft to crash and thereby 20 proximately caused injury to plaintiffs as aforesaid for which 21 defendants, and each of them, are strictly liable in tort. 22 WHEREFORE, plaintiffs pray judgment against defendants, 23 and each of them, as hereinafter set forth. 24 THIRD CAUSE OF ACTION (Premises Liability) 25 Plaintiffs complain of defendants, and each of them, and LAIN OFFICIS OF 26 for a Third Cause of Action, allege: NALKUF.SHELBY.BASTIAN. 14ELODIA.KELLY A O*REILLY -10- 0.PROFESSIONAL CORPORATION ..E NARTFORO BLDG•30TH FLOOR 6110 CALIFORNIA STREET SAN FRANCISCO.CA 94108 (415)981•7210 1 35. Plaintiffs refer to, reallege and incorporate by 2 reference as though fully set forth herein each and every j-. 3 allegation contained in their First Cause of Action. 4 36. Defendants, and each of them, designed, developed, 5 located, built, leased, owned, managed, maintained, and held 6 open for use by the public certain premises, including certain 7 retail stores including R.H. Macy, Inc. , and the various DOE 8 defendants previously described, DOES SEVENTY-FIVE through ONE 9 HUNDRED, Sun Valley Mall, and Buchanan Field. 10 37 . At all times herein mentioned the aforesaid Sun Valley 11 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 12 Field were defective, dangerous and unsafe and posed an 13 unreasonable risk of harm to those persons utilizing said premises 14 for lawful business and non-business purposes . 15 38. The defects and dangerous conditions of the premises, 16 in design, manufacture, construction and/or location and placement 17 of the foregoing mall, stores, and air field which was designed, 18 manufactured, constructed, built and located by defendants, and 19 each of them, proximately caused the injuries to plaintiffs as 20 aforesaid. • 21 WHEREFORE, plaintiffs pray judgment against defendants, 22 and each of them, jointly and severally as follows : 23 1. For general damages that may be proved; 24 2. For special damages that may be proved; 25 3. For pre-death medical expenses recoverable to the Estate 26 of Patricia Larson; LAW OFFICES OF WALKUP.SHELBY.BASTIAN. NELOCIA.KELLY A O'NEILLY -11- A PROFESSIONAL CORPORATION '••E HARTFORD OLM•707H FLOOR 430 CALIFORNIA STREET SAN FRANCISCO.CA 9AI08 (415)981.7210 1 4. For funeral and burial expenses according to proof; 2 5. For prejudgment interest as permitted by law; . 3 6. For costs of suit; and 4 7 . For such other and further relief as the Court may deem 5 proper. 6 DATED: WALKU , SHELBY, ASTIAN, MELODIA, KELLY & REILLY 7 BY I J J tv-N&L'67 8 J D TH J. R TSCHLER RALPH W. BASTIAN, JR. 9 DANIEL DELL'OSSO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LAW OFFICER O• IMALK UP.SHELBY.BASTIAN. -12- NELOOIA.KELLY A WRE1LLY •PROF,SSIONAL CORPORATION [ "ARTS ORO IILOG•70TH FLOOR ASO CALIFORNIA STREET SAN FRANCISCO.CA 94108 14151 981.7210 „MACY'S SUN VALLEY HALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony � -- eta..: _r: »�=�a•'�t:�:•%+ �MACY'S SUN VALLEY MALL CRASH - ` Kaify, Mohamed Lang, Richard Larsen, Pat _ Lewis, Mack.- ! Lodge, Christina Lodge, Cindy . Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann ' Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward t Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FIrIJ Trice, Jarrod • 4 Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew j CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 28, 1987 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA (LARSON) c/o Daniel 11. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30 , 1987 BY MAIL POSTMARKED: March 27 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 30, 1987 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) 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 910.6). ( ) 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: h'� � S',j 19f7 BY:f5�j ��— —QDe�uty 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 (X) 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. 2 8 1987 APR /�//�� Dated: PHIL BATCHELOR, Clerk, By A15�elfDeputy 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. 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 16; 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: APR 2 9 1987 BY: PHIL BATCHELOR by WZ4e,1_1111Deputy Clerk CC: County Counsel County Administrator Vit.=Z � T0: BOARD OF SUPERVISORS OF CONTRA CC**QYapplication to: Instructions to ClaimantC!erk of the Board &erl P,„ e JV.., Xio 6 Martinez,Califomia 94553 A. 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. 911.21, 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end o his form. RE: Claim by )Reserved for Clerk's filing stamps Macy's California , RECEIVED Against the COUNTY OF CONTRA COSTA; MARS 1987 or DISTRICT) (Fill in name ) low .0. .W.- 0. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: -------------------- -- ----------------------- --- 1. -When did the damage or injury occur? (Give exact date and hour] December 23, '1985,- at approximately 8 : 30 p.m. Macy' s was served with a lawsuit by plaintiffs Larson on January 26 , 1987 and Macy' s cause of action for indemnity arose on that date. �. -Where did-the damage or. lnjury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of `t Contra Costa. lE -T-------T------------------T--------------T--- -----T -------------- 3. How did the damage or injury occur? (Give 7u1I details, use extra sheets if required) See attached Page 1. -------------T------------------ -------------------------------r----r----- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. , What are the names of county or district officers, servants or- -r— employees causing the damage or injury? ' Unknown at this time 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ---------------------------------------------------------------------- - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties' recovery against this claimant. ------------------------------------------------------------------------- e 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . -------------- — -------------------------------------------------s—�---- 9. List the exrire you made on account of this accident or injury: ,-....r A 9, ,. ITEM AMOUNT aUr d and is incurring substantial investigative defense costs , in luding attorneys fees and further may be; subject to t;6d pay(o 't of damages to injured parties and Macy's seeks indemnification f r all such damages . R#RRR RR*�*i���,R;�'��#�'�4:�1tdt�t;#R ##RRRRRRR#R#RRRRR#RRRRR##R#*RRRRtkR#RRRRRIRRRRRRRR ' Govt. Code Sec. 910.2 provides : "The claim signed by aimant SEND NOTICES TO: (Attorney) or b o person o s be alf. " r Name and Address of Attorney Daniel M. Crawford, Esq. Claimant , gnature Carroll , Burdick & McDonough for: Macy 's Cal �o nia One Ecker Bldg. , Suite 400 Addr San Francisco, CA 94105 P. O. Box 415/495-0500 San Francisco, CA 94120 Telephone No. Telephone No. 415/954-6014 Attn: William H. King, Vice Pres . RRRRRRRRRRRRRRRRR##R##RRRRRR####RR#R#RR#RR###RR##R####RBBB#### #RR�RRR*#R# 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3. )).. Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom was Patricia Larson, who eventually died from her injuries. The husband and children of Patricia Larson are claiming damages as set forth in their complaint filed on June 3, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, pre-death medical expenses, funeral and burial expenses, prejudgment interest, costs of suit and such other and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indemnity of any recovery against Macy' s by the children and husband of Patricia Larson claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl .Lar r LAW OFFICES OF 1 WALKUP, SHELBY. BASTIAN, MELODIA ` KELLY & O'REILLY 2 A PROf[SSIONAL CORPORATION OSO CALIFORNIA STREET r. C, 'I C^-nty Clerk 3 SAN FRANCISCO, CALIFORNIA 94109 TtLtrHONt (415) 981.7210 EY 4 5 AT'T'ORNEYS FOR PLAINTIFF 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 WILLIAM LARSON, WILLIAM R. ) LARSON, JR. , SCOTT F. BUCHANAN, ) NO. 287076 11 KURT A. LARSON, a minor, by and) through his Guardian ad Litem, ) COMPLAINT FOR DAMAGES 12 WILLIAM LARSON; and WILLIAM ) (Wrongful Death) LARSON, as Executor of the ) 13 Estate of PATRICIA LARSON, ) Deceased, ) 14 ) Plaintiffs, ) 15 ) VS. ) 16 ) THE BEECH AIRCRAFT CORPORATION, ) 17 GENERAL AVIATION SERVICES, ) JAMES McGHEEHAN, THE ESTATE OF ) 18 JAMES MOUNTAIN GRAHAM, THE SUN ) VALLEY SHOPPING MALL, R.H. MACY) 19 INC. , THE TAUBMAN COMPANY, INC. ) WELLS FARGO BANK, as trustee of ) 20 THE TAUBMAN COMPANY, INC. , ) CITY OF CONCORD, COUNTY OF ) 21 CONTRA COSTA, DOES ONE through ) THREE HUNDRED, inclusive, ) 22 ) Defendants. ) 23 ) 24 FIRST CAUSE OF ACTION (Negligence) 25 Plaintiffs complain of defendants, and each of them, and 26 for a First Cause of Action allege: 1 1. The true names or capacities, whether individual, 2 corporate, governmental or associate of the defendants named 3 herein as DOE are unknown to plaintiffs who therefore sue said 4 defendants by such fictitious names. Plaintiffs pray leave to 5 amend this complaint to show their true names and capacities 6 when the same have been finally determined. 7 Plaintiffs are informed and believe and, upon such information 8 and belief, allege that each of the defendants designated herein 9 as DOE is negligently or otherwise legally responsible in some 10 manner for the events and happenings herein referred to, and 11 negligently or otherwise caused injury and damages proximately 12 thereby to plaintiffs, as is hereinafter alleged. 13 2. At all times herein mentioned, each and every of the 14 defendants herein was the agent, servant, partner, employee, 15 joint venturer and franchisee of each of the remaining defendants, 16 and at all times acting within the course and scope of said agency, 17 service, partnership, employment, joint venture and franchise 18 and each defendant has ratified and approved the acts of the 19 remaining defendants. 20 3. Plaintiff William Larson is the surviving husband of 21 Patricia Larson, deceased. Plaintiffs William R. Larson, Jr. , 22 Scott F. Buchanan, Jr. , and Kurt A. Larson, a minor, are the 23 surviving children of Patricia Larson, deceased. Said plaintiffs 24 constitute all the heirs at law of Patricia Larson. By Order 25 of this Court, William Larson has been appointed and is serving 26 as the Guardian ad Litem of Kurt A. Larson, a minor. LAW OPPICES OF WALKUP.SHELBY.BASTIAN. MELODIA KELLY&WREILLY -2- •PROFESSIONAL CORPORATION '�F HARTFORD BLDG•7OTH FLOOR 4SO CALIFORNIA STREET SAN FRANCISCO.CA 94106 4415)961-7210 1 4. At all times herein mentioned, defendant Beech Aircraft 2 Corporation was a Kansas corporation doing business in the State 3 of. California. 4 5. At all times herein mentioned DOES ONE through FIVE 5 were engine manufacturers licensed to do and doing business within 6 the State of California. 7 6 . At all times herein mentioned, DOES SIX through TWENTY 8 were instrument or other component manufacturers licensed to 9 do and doing business within the State of California. 10 7. At all times herein mentioned defendants Beech Aircraft 11 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 12 designed, processed, constructed, manufactured, assembled, 13 prepared, selected materials, parts and components, represented 14 to tests and inspect, manage, maintain, repair, service, own 15 and sold a certain twin engine aircraft known as the Beechcraft 16 Baron. 17 8. At all times herein mentioned, defendants and each of 18 them so negligently and carelessly designed, processed, 19 constructed, manufactured, assembled, prepared, selected materials, 20 parts and components, represented to tests and inspect, manage, 21 maintained, repaired, serviced, owned, leased and sold said 22 aircraft and its component parts so as to cause said aircraft 23 on December 23, 1985 to fall and crash into R.H. Macy, Inc. 's 24 store in the Sun Valley Mall in Concord, California thereby killing 25 Patricia Larson. 26 9. At all times herein mentioned defendants Sun Valley LAW OFFICES OF WALKUP.SHELBY.BASTIAAL HELODIA.KELLY 8 O'REILLY -3- A 3- A PROFESSIONAL CORPORAT)ON "NE HARTFORD BLDG•IOTN FLOOR i 6SO CALIFORNIA STREET SAN FRANCISCO.U 94108 1615)9817210 I Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 2 and each of them, were business entities the exact form and nature 1-. 3 of which are unknown to plaintiffs who pray leave to amend and 4 insert the same when they are ascertained, but which business 5 entities were at all times doing business within the State of 6 California. 7 10. At all times herein mentioned R.H. Macy, Inc. was a 8 corporation, licensed to do and doing business within the State 9 of California. 10 11. At all times herein mentioned, the Wells Fargo Bank, 11 trustee for The Taubman Company, Inc. , and its predecessors in 12 interest, The Taubman Company, Inc. , a Michigan corporation, 13 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 14 . entities doing business in the State of California for the purpose 15 of owning, placing, designing, building, leasing, managing and 16 maintaining the shopping mall known as defendant herein Sun Valley 17 Mall. 18 12 . At all times herein mentioned defendants Sun Valley 19 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 20 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX • 21 through FORTY-FIVE and each of them, negligently, carelessly 22 and recklessly designed, built and placed a shopping center and/or . 23 store that attracts a great number of people on a heavily 24 trafficked air corridor,with known and foreseeable visibility 25 problems due to weather patterns in the vicinity of Buchanan 26 Field Airport in the City of Concord, County of Contra Costa, ww OFFICES or i WALKUP.SHELBY.9ASTIAN. rELODIA KELLY!O•NEILLY —4— •Rnor[ssloNAt CORPORATIONME MARTFORO BLDG-307M FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94105 44151 9817210 I State of California. Said defendants knew or should have known 2 that aircraft were likely to and. did fly over their mall and/or 3 store, that weather patterns created specific hazards, and that 4 it was foreseeable that an aircraft might crash and/or collide 5 with said mall and/or store thereby injuring and/or killing patrons 6 on the premises. 7 13. On December 23 , 1986 as a direct and proximate result 8 of the matters aforesaid, an aircraft on a missed approach crashed 9 and fell into the above described mall/store thereby injuring 10 plaintiffs as hereinafter set forth. 11 14 . At all times herein mentioned, defendants City of Concord 12 and the County of Contra Costa were, and are governmental entities. 13 15. Within 100 days of the accrual of the within cause 14 of action, written claims for damages setting forth the matters 15 herein alleged were duly and regularly presented to the County 16 of Contra Costa and to the City of Concord on behalf of plaintiffs 17 in accordance with the appropriate sections of the California 18 government code. Said claims have been denied. This claim is 19 timely filed in the time prescribed by law after the denial of 20 said claim. 21 16. At all times herein mentioned, the City of Concord, 22 and/or County of Contra Costa and DOES SEVENTY-ONE through 23 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 24 Field and/or the premises known as and developed as Sun Valley 25 Mall. Said field and mall were negligently and carelessly developed, planned, designed, constructed, operated, maintained LAW OFFICES OF 6 WALKUP.SHELBY.BASTIAN. MELOOIA.KELLY A O•REILLY -5- A PROFESSIONAL CORPORATION '•(NARTFORO BLDG•30TH FLOOR (SO CALIFORNIA STREET SAN FRANCISCO.CA 94106 MIS)9817210 I and controlled by said public entities in a dangerous, defective 2 and hazardous condition in that, inter aiia, the airfield and J-• 3 mall were located so close to one another that approach and 4 departure corridors overlapped the mall and that aircraft in 5 poor weather conditions would be forced to fly over the mall 6 on approaches and/or departures thereby exposing patrons at the 7 mall to the dangers posed by aircrafts malfunctioning on departure 8 and/or landing. 9 17. Plaintiff is informed and believes and upon such 10 information and belief alleges that at all times herein mentioned, 11 defendants and each of them knew or in the exercise of reasonable 12 care should have known of the dangerous, deceptive and defective 13 conditions posed by the proximity of said airport and the Sun 14 Valley Mall. 15 18 . As a direct and proximate result of all of the aforesaid 16 negligence and carelessness, and of said dangerous, defective 17 and deceptive condition posed by Buchanan Field and/or Sun Valley 18 Mall and their proximity there was a reasonably foreseeable risk 19 that aircraft would crash and/or fall into Sun Valley Mall causing 20 others to sustain serious bodily injury or death, as the proximate 21 result of the negligence and carelessness and of said condition 22 of said airfield and mall. 23 19. At all times herein mentioned General Aviation Services 24 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 25 maintained, overhauled and oversaw the general airworthiness 26 of a certain Beechcraft Baron aircraft referred to above. LAW OFFICE%OF WALKUP.SNELBY.BASTIAN. NELODIA,KELLY A O'REILLY -6- A 6-A PROFESSIONAL CORPORATION •t NARTIOEO ELDO.•3079 FLOOR %SO CALIFORNIA STREET SAN FRANCISCO.CA 94108 (4151 981 7210 1 20. Plaintiffs are informed and believe and thereon allege 2 that at all times herein mentioned, James McGheehan, and DOES 3 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 4 lessees, or otherwise exercised maintenance or control over a 5 twin engine Beechcraft Baron aircraft referred to hereinabove. 6 21. Plaintiffs are informed and believe and thereon allege, 7 that at all times herein mentioned, James Mountain Graham, 8 deceased, and DOE FIFTY-SIX were the pilot and operator of the 9 aforementioned twin engine Beechcraft Baron aircraft. 10 22. Plaintiffs are informed and believe, and thereon allege 11 that at all times herein mentioned, James Mountain Graham, 12 deceased, and DOE FIFTY-SIX were piloting and operating the 13 aforementioned aircraft with the full knowledge, consent and 14 permission of defendants and each of' them, and at all times herein 15 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 16 were acting within the course and scope of his employment, 17 independent contract or other relationship with defendants and 18 each of them. 19 23 . On, about or prior to December 23, 1985 defendants 20 and each of them, so negligently, carelessly and recklessly owned, 21 operated, repaired, maintained, overhauled, entrusted, navigated, 22 aviated and inspected the above mentioned Beechcraft Baron aircraft 23 so as to proximately cause it to fail, crash and fall into the 24 Sun Valley Shopping Mall on December 23 , 1985 and proximately 25 thereby caused the injuries and damages hereinafter described. 26 24 . At all times herein mentioned DOES FIFTY-SEVEN through LAW OFFICES OF WALKUP.SHELBY.BASTIAN. IAELODIA.KELLY!O'NEILLY -7- A PROFESSIONAL CORPORATION E HARTFORD @LDC.•70TM FLOOR ESO CALIFORNIA STREET SAN FRANCISCO.CA 94108 14151 9817210 ' I SEVENTY were certain architects, designers and engineers the 2 exact identity of which is unknown to plaintiffs at this time 3 who pray leave to amend and insert said identities when the same 4 are finally determined. • 5 Plaintiffs are informed and believe and upon such information 6 and belief allege that at all times herein mentioned defendants 7 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 8 construction, location and building of the Sun Valley Mall 9 including its safety and escape features. 10 25. At all times herein mentioned, defendants DOES 11 FIFTY-SEVEN through SEVENTY were so negligent and careless in _ 12 or about the design, location, construction and building of the 13 Sun Valley Shopping Mall that said mall was in a dangerous and 14 defective condition in that it was poorly located, as previously 15 alleged; had inadequate fire fighting, escape and other safety 16 features necessary to protect patrons on or about the premises 17 in the event of fire or other emergency. 18 26. As a direct and proximate result of the negligence 19 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 20 of them as aforesaid plaintiffs suffered and sustained injuries 21 and damages as hereinafter set forth. 22 27. On or about December 23, 1985 Patricia Larson, decedent, 23 was a patron on or about the premises of R.H. Macy, Inc. located 24 within the Sun Valley Shopping Mall. As a direct and proximate 25 result of the negligence of each and every defendant as aforesaid 26 plaintiff was caused to and did suffer severe injuries and burns LAW OFFICES OF NALRUP.SHELBY,BASTIAN, NELO DI A.BELLY A O'REILLY -8- 4 8-4 PROFESSIONAL CORPORATION NE HARTFORD BID.-3074 FLOOR fS0 CALIFORNIA STREET SAN FRANCISCO,CA 94108 (415)2817210 I resulting in her death on February 14 , 1986 . 2 28. By reason of the premises, it became necessary for 3 plaintiffs to incur expenses for doctors, hospitals, x-ray 4 technicians and other services required in the care and treatment 5 of said injuries prior to Patricia Larson' s death, and plaintiffs' 6 damage in this respect is presently unascertained and plaintiffs 7 pray leave to insert the elements of damage in this respect when 8 the same are finally determined. William Larson, as Executor 9 of the Estate of Patricia Larson, deceased, will seek to recover 10 these elements on behalf of the said Estate. 11 29 . As a direct and proximate result of all of the aforesaid 12 acts and omissions, negligence and carelessness, the aforementioned 13 aircraft crashed into the Sun Valley Mall on December 23, 1985, 14 resulting in the death of plaintiffs ' decedent. 15 30. At all times herein mentioned, William Larson was the 16 lawful husband of Patricia Larson, and William R. Larson, Jr. , 17 Scott F. Buchanan and Kurt A. Larson, a minor, were the children 18 of Patricia Larson. By reason of the death of Patricia Larson, 19 plaintiffs ' decedent, her power to earn and accumulate money 20 and property has been destroyed, and plaintiffs have been 21 permanently deprived of this and of a kind and loving husband 22 and father, and of the care, comfort, love, companionship, 23 services, society, affection, instruction, advice, training, 24 guidance, protection, counsel, support, contributions, inheritance 25 and right of inheritance of said plaintiffs ' decedent all to LAW OFFICES or 26 their damage according to proof. WALKUP.SHELBY.BASTIAN. MCLO01A.KELLY t O'REILLY —9— A 9— A PROFESSIONAL CORVORA710N ' [HARTFORD BLDG•30TH FLOOR 450 CALIFORNIA STREET SAN FRANCISCO.CA 94108 (415)9817210 31. By reason of the death of Patricia Larson, plaintiffs incur ropd funeral and burial expenses in memory of and for 3 plaintiffs ' decedent in an amount that will be determined at 4 time of trial. 5 WHEREFORE, plaintiffs pray judgment against defendants as 6 hereinafter set forth. 7 SECOND CAUSE OF ACTION (Strict Products Liability) 8 Plaintiffs complain of defendants, and each of them, and 9 for a Second Cause of Action allege: 10 32 . Plaintiffs refer to, reallege and incorporate by 11 reference as though fully set forth herein each and every 12 allegation contained in their First Cause of Action. 13 33 . At all times herein mentioned the aforesaid Beechcraft 14 Baron aircraft, and its component parts were defective and unsafe 15 for their intended purpose by reason of defects in design and 16 manufacture. 17 34 . The defects in design or manufacture of the foregoing 18 aircraft which was designed and/or manufactured by defendants, 19 and each of them, caused said aircraft to crash and thereby j I 20 proximately caused injury to plaintiffs as aforesaid for which 21 defendants, and each of them, are strictly liable in tort. 22 WHEREFORE, plaintiffs pray judgment against defendants, 23 and each of them, as hereinafter set forth. 24 THIRD CAUSE OF ACTION (Premises Liability) 25 Plaintiffs complain of defendants, and each of them, and pAw OP►10ESO►26 for a Third Cause of Action, allege: NALK LIP.SNELBY.BASTIAN. dELOOIA.KELLY S O'KEILLY —10—1 O PROFESSIONAL CORPORATION -E HARTFORD BLDG.-301H FLOOR ESD CALIFORNIA STREET i I SAN FRANCISCO.CA 91108 I 1415)911-7210 1 35. Plaintiffs refer to, reallege and incorporate by 2 reference as though fully set forth herein each and every 3 allegation contained in their First Cause of Action. 4 36. Defendants , and each of them, designed, developed, 5 located, built, leased, owned, managed, maintained, and held 6 open for use by the public certain premises, including certain 7 retail stores including R.H. Macy, Inc. , and the various DOE 8 defendants previously described, DOES SEVENTY-FIVE through ONE 9 HUNDRED, Sun Valley Mall, and Buchanan Field. 10 37. At all times herein mentioned the aforesaid Sun Valley 11 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 12 Field were defective, dangerous and unsafe and posed an 13 unreasonable risk of harm to those persons utilizing said premises 14 for lawful business and non-business purposes. 15 38. The defects and dangerous conditions of the premises, 16 in design, manufacture, construction and/or location and placement 17 of the foregoing mail, stores, and air field which was designed, 18 manufactured, constructed, built and located by defendants, and 19 each of them, proximately caused the injuries to plaintiffs as 20 aforesaid. 21 WHEREFORE, plaintiffs pray judgment against defendants, 22 and each of them, jointly and severally as follows : 23 1. For general damages that may be proved; 24 2. For special damages that may be proved; 25 3 . For pre-death medical expenses recoverable to the Estate 26 of Patricia Larson; LAW OPPICtB OF WALKUP.SHELBY,BASTIAN. MELODIA.KELLY A O'REILLY -11- A PROFESSIONAL CORPORATION .HE HARTFORD BLDG•30TH FLOOR , 4SO CALIFORNIA STREET SAN FRANCISCO.CA 94108 (415)981-7210 1 4. For funeral and burial expenses according to proof; 2 5. For prejudgment interest as permitted by law; 3 6. For costs of suit; and 4 7. For such other and further relief as the Court may deem 5 proper. 6 DATED: WALKULDTH SHELBY, ASTIAN, MELODIA, ELLY & REILLY 7 BY 8 J J. R-t9TSCHfER RALPH W. BASTIAN, JR. 9 DANIEL DELL'OSSO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LAW OFFICES or WALRUP.SHELBY.BASTIAN, 12— MELODIA.KELLY A&REILLY A"OF[SSION►L CORPORATION •1 HARTFORD BLDG•3074 FLOOR 430 CALIFORNIA STREET SAN FRANCISCO.CA 94108 14151 961-7210 J ACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna . Armsden, Vincent H. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron _. Jamash, Fatima Johnson, Anthony S 'MACY'S SUN 'VALLEY MALL CRASH - r Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack,_ t Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann ' Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David A.L,I Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, -G,r,egory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan -%-,Stanford, Pam Stra'ttqn, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, F'YU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 ;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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA (PLOWMAN) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. , #400 Date received ADDRESS: San Francisco , CA 94105 BY DELIVERY TO CLERK ON March 30, 1987 BY MAIL POSTMARKED: March 27, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 30 1987 PPHHIL ATCHELOR, Clerk DATED: BY: Deputy L. Hall II. 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: C /� BYeputy 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: APR 2 8 1987 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, 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 an/d Notice to Claimant, addressed to the claimant as shown above. Dated: APR 2 9 1987 BY: PHIL BATCHELOR by__Z(2VDe_ZJZ;�L puty Clerk CC: County Counsel County Administrator CIAO TO: BOARD OF SUPERVISORS OF CONTRA CO**4 Yapplication to: Instructions to ClaimantC!erk of the Board Martinez.California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reser v °�IVED stamps Macy s California i MAR_ 1987 Against the COUNTY OF CONTRA COSTA) or DISTRICT) —(Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �. When did the damae or injury occur? (Give exact date and hour] ._ December 23, '1985, .. at approximately- 8 : 30 p.m. Macy' s was served with . a lawsuit by plaintiffs Plowman on January 26 , 1987 and Macy' s cause of action for indemnity arose on that date. �. Where did the damage or_ inJury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or in3ury occur? (Giveul� details, use extra sheets if required) See attached Page 1. -------------T----••----------T--T-----------------------------T---T----- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants ori employees causing the damage or injury? Unknown at this time ------ ------------z-------------------------- ----- ---- ---------- 6. What damage or 1 3 les do you, claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See aAached Page 1. 7. How was the amount claimed above computed? (include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- S. Names and addresses ,of witnesses, doctors and hospitals. See attached Exhibit B . Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convening the accident list potential witnesses . -- -===="- ---------------------------------------------- Ems ---------------T---- 9. res you made on accountthis accident or injury: k.�.lit ITEM AMOUNT Macy's has incu red and is incurring substantial investigative def�nseJts , ncluding attorneys fees and further may be: subject to the payment f damages to injured parties and Macy' s seeks ineemn--if cat�pion for all such damages . irir* t; Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person i behalf. " Name and Address of Attorney w� Daniel M. Crawford, Esq. Claimant Si ure Carroll, Burdick & McDonough for : Macy 's CaAlornia One Ecker Bldg. , Suite 400 Addr San Francisco, CA 94105 P. O. Box 5 Telephone No. 415/495-0500 San Telephone No Francisco, A 94120 P 4-15/954-6014 Attn: William H. Kinq, Vice Pres . �F��+t**�***** 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " r 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley %hopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom were Janet Plowman and Clorene Plowman. Plaintiffs are claiming damages as set forth in their complaint filed on July 18, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general damages in a sum in excess of $15, 000, medical and incidental expenses, loss of earnings, prejudgment interest at 10% per annul, costs of suit, and such other and further relief as is deemed proper. See Exhibit A attached. Macy' s claim is for complete and/or partial indemnity of any recovery against Macy's by the Plaintiffs claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of -action for indemnity arose on or about January 26, 1987. PubEntCl .Plo f ENDORSIM FILET' 1 SCHRAG & BAUM JUL 18 1980 2 Piofes.,sional Corporation 2560 Ninth Street, Suite 315-A RENE C. DAVIDSON, County Clerk 3 Berkeley, Ca. 94710 By. lames Kitterman, Deputy 415-849-1618 4 Attorneys for Plaintiff 5 6 7 COUNTY OF ALAMEDA, STATE OF CALIFORNIA 8 9 JANET PLOWMAN AND CLORENE 10 PLOWMAN, —Plaintiffs, No. 606782-7 11 Vs. FIRST AMENDED COMPLAINT 12 FOR PERSONAL INJURIES SUN VALLEY SHOPPING CENTER, 13 INC. , R.H. MACY, INC. , 14 BEECHCRAFT CORPORATION, DOE I ADMINISTRATOR/EXECUTOR 15 OF THE ESTATE OF JAMES M. GRAHAM, CITY OF CONCORD, 16 COUNTY OF CONTRA COSTA, AND DOES 2 THROUGH 500, 17 Defendants. 18 19 Comes now Plaintiff, JANET PLOWMAN, and for a First Cause 20 of Action against defendants, and each of them, except Doe 1, Beechcraft Corporation, City of Concord and, County of Contra 21 22 Costa, alleges as follows: FIRST CAUSE OF ACTION 23 24 1. Plaintiff is ignorant of the true names of the defendants sued herein as Does 1 through 500. 25 26 2. At all times herein mentioned SUN VALLEY SHOPPING CENTER, INC. , R.H. MACY, INC. , and DOES 2 through 200, were 1 f ' c 1 . corporations all and each of them doing business in the City of 2 Concord, County of Contra Costa, State of California. 3 3 . At all times herein mentioned each defendant was and 4 now is the agent and employee of each of the remaining defendants 5 and of each other, and in doing the things herein mentioned, 6 each defendant was acting within the course and scope of such 7 agency and employment. 8 4. Defendants, and each of them, were the owners, operators, 9 lessors, and occupants of that certain real property located in 10 the City of Concord, County of Contra Costa, State of California, 11 commonly known as the Sun Valley Shopping Center located at the 12 intersection of Interstate Highway 680 and Willow Pass Road. 13 5. Defendants, and each of them, negligently and carelessly 14 owned, operated, leased, maintained, and repaired its premises 15 so as to cause it to be situated adjacent to an airport creating 16 an unreasonable risk of injury to its customers in the event of 17 an aircraft crashing on approach or take-off. 18 6. As a proximate result of the negligence and carelessness 19 of defendants, and each of them, as set forth above, on December 20 23, 1985 at or about 8:30 p.m. when a Beechcraft Baron aircraft 21 owned and operated by James M. Graham crashed into the premises 22 negligently owned, operated, and leased by defendants, and each 23 of them. 24 7. As a proximate result of the negligence and carelessness 25 of defendants, and each of them, and in the injuries sustained 26 by plaintiff, plaintiff has been generally damaged in an amount 2 1 - in excess of $15,000. 00. 2 8. As a proximate result of the negligence and carelessness 3 of defendants, and each of them, and in the injuries sustained 4 by plaintiff, plaintiff has required medical care and attention, 5 and the services of physicians, x-rays, medicines, medication 6 and surgery; plaintiff has incurred obligations for same, but 7 the exact amount of such expenditures is unknown at this time to 8 plaintiff and plaintiff therefore prays leave to amend this 9 complaint by inserting the true amounts of such expenditures, 10 together with such other and further reasonable sums as will be 11 required in the future for plaintiff's medical care and attention, 12 upon ascertaining the same or upon trial hereof, together with 13 appropriate charging allegations. 14 9. As a further proximate result of the negligence and 15 carelessness of defendants, and each of them, plaintiff was 16 prevented from attending to her usual occupation, and plaintiff 17 is informed and believes and thereupon alleges that she will 18 thereby be prevented from attending to her usual occupation for 19 a period of time in the future, and plaintiff therefore prays 20 leave to insert the true amount of such loss of earnings at the 21 time of trial hereof, or at the time the same is ascertained, 22 together with appropriate charging allegations. 23 WHEREFORE, plaintiff prays judgment, etc. , 24 As and for a separate and distinct second cause of action 25 against defendants, and each of them except defendants R.H. 26 MACY, SUN VALLEY SHOPPING CENTER, AND DOE 1, plaintiff alleges 3 1 as follows: 1-• 2 SECOND CAUSE OF ACTION 3 10 . Plaintiff realleges paragraphs 1, 3 and 6 through 9 of 4 her First Cause of Action except substitutes the words "defect 5 and/or defective condition" wherever the words "negligence and 6 carelessness" appear. 7 11. Defendant BEECHCRAFT CORPORATION and DOES 201 - 250, 8 were in the business of designing, manufacturing, advertising, 9 assembling, selling, repairing, inspecting, and maintaining 10 aircraft and component parts for aircraft which would be sold to 11 and used by members of the general public. 12 12. On a date unknown to plaintiff , defendants and each of 13 them, manufactured, designed, assembled, sold, inspected, repaired 14 and maintained a specific Beechcraft Baron aircraft owned and 15 operated by James M. Graham on December 23, 1985. 16 13 . Defendants and each of them, intended that the aircraft 17 and component parts thereof would be used without inspection for 18 defects. 19 14. The Beechcraft Baron aircraft owned and operated by 20 James M. Graham on December 23 , 1985 and described above, was 21 defectively designed, manufactured, assembled, and sold in that 22 the propeller was defectively attached to the aircraft causing 23 it to separate in flight, the instruments were defectively 24 designed in a manner which would be confusing to a pilot, and the 25 aircraft was further defective by reason of the failure of 26 defendants and each of them, to warn plaintiff of these and 4 1 other defects which proximately caused the aircraft to crash and severely injure plaintiff on December 23, 1985 at or about 3 8 :30 p.m. Plaintiff prays leave to amend this complaint to 4 insert the true nature and extent of other defects as may be 5 ascertained through further investigation and/or discovery. 6 WHEREFORE, plaintiff prays judgment, etc. 7 As and for a separate and distinct Third Cause of Action 8 against defendants and each of them, except SUN VALLEY SHOPPING 9 CENTER, INC. , R.H. MACY, INC. , and DOE 1, plaintiff alleges as 10 follows: 11 THIRD CAUSE OF ACTION 12 15. Plaintiff realleges paragraphs 1, 3 , and 6 through 9 13 of the First Cause of Action and paragraphs 11 through 14 of the 14 Second Cause of Action as though the same were fully set forth 15 at this point, except substituting the words "negligence and 16 carelessness" wherever the words "defect, defective and/or 17 defective condition" appear. 18 WHEREFORE, plaintiff prays judgment, etc. 19 As and for a separate and distinct Fourth Cause of Action 20 against defendants and each of them, except BEECHCRAFT 21 CORPORATION, SUN VALLEY SHOPPING CENTER, INC. , and R.H. MACY, 22 INC. , plaintiff alleges as follows: 23 FOURTH CAUSE OF ACTION 24 16. Plaintiff realleges paragraphs 1, 3 , and 6 through 9 25 of the First Cause of Action as though the same were fully set 26 forth at this point. , 5 1 • 17 . At all times herein mentioned, James M. Graham, and -- Does 251 - 260, were the owners, operators and responsible for 3 the repair and maintenance of the Beechcraft Baron aircraft. 4 18. On a date unknown to plaintiff, Doe 1 was appointed as 5 Administrator/Executor of the estate of James M. Graham, who 6 resided in the City of Oakland, County of Alameda, State of 7 California. 8 19. On December 23 , 1985 at or about 8: 30 p.m. and on 9 previous dates unknown to the plaintiff at this time, defendants 10 and each of them, so negligently and carelessly owned, operated, lI repaired, maintained and flew the Beechcraft Baron aircraft so 12 as to cause it to crash into the roof of the Sun Valley Shopping 13 Center severely injuring plaintiff as hereinafter set forth. 14 WHEREFORE, plaintiffs pray judgment, etc. 15 As and for a separate and distinct Fifth Cause of Action 16 against defendants, CITY OF CONCORD and COUNTY OF CONTRA COSTA, 17 and DOES 261 through 300, plaintiff JANET PLOWMAN alleges as 18 follows: 19 FIFTH CAUSE OF ACTION 20 20. Plaintiff realleges paragraphs 1 through 19 of the 21 First through Fourth Causes of Action as though fully set forth 22 herein. 23 21. At all times herein mentioned defendants, CITY OF 24 CONCORD, COUNTY OF CONTRA COSTA, and DOES 261 through 300 were 25 responsible for approving pproving the location and design of the Sun 26 Valley Shopping Center. 6 1 22. Defendants, and each of them, so negligently and 1-. 2 carelessly approved the location and design of the Sun Valley 3 Shopping Center so as to create an unreasonable risk of injury 4 to the patrons thereof from aircraft taking off from and landing 5 at Buchanan Field. 6 23 . Plaintiff filed a claim against the City of Concord and 7 County of Contra Costa alleging negligence by said defendants. 8 Said claims have been denied and rejected within six months 9 hereof . 10 24. As a proximate result of the negligence and carelessness 11 of defendants, and each of them, as set forth above, on December 12 23 , 1985 at or about 8: 30 p.m. when a Beechcraft Baron aircraft 13 owned and operated by James M. Graham crashed into the premises 14 negligently owned, operated, and leased by defendants, and each 15 of them. 16 25. As a proximate result of the negligence and carelessness 17 of defendants, and each of them, and in the injuries sustained 18 by plaintiff, plaintiff has been generally damaged in an amount 19 in excess of $15,000.00 . 20 26 . As a proximate result of the negligence and carelessness 21 of defendants, and each of them, and in the injuries sustained 22 b laintiff, y p plaintiff has required medical care and attention, 23 and the services of physicians, x-rays, medicines, medication 24 and surgery; plaintiff has incurred obligations for same, but 25 the exact amount of such expenditures is unknown at this time to 26 plaintiff and plaintiff therefore prays leave to amend this 7 1 complaint by inserting the true amounts of such expenditures, together with such other and further reasonable sums as will be 3 required in the future for plaintiff 's medical care and attention, 4 upon ascertaining the same or upon trial hereof , together with 5 appropriate charging allegations. 6 27. As a further proximate result of the negligence and 7 carelessness of defendants, and each of them, plaintiff was 8 prevented from attending to her usual occupation, and plaintiff 9 is informed and believes and thereupon alleges that she will 10 thereby be prevented from attending to her usual occupation for 11 a period of time in the future, and plaintiff therefore prays 12 leave to insert the true amount of. such loss of earnings at the 13 time of trial hereof, or at the time the same is ascertained, 14 together with appropriate charging allegations. 15 WHEREFORE, plaintiff prays judgment, etc. 16 As and for a separate and distinct Sixth Cause of Action 17 against defendants CITY OF CONCORD, COUNTY OF CONTRA COSTA, and 18 DOES 301 through 350, plaintiff JANET PLOWMAN alleges as follows: 19 SIXTH CAUSE OF ACTION 20 28. Plaintiff realleges paragraphs 1 through 26 of the 21 First through Fifth Causes of Action as though the same were 22 fully set forth at this point. 23 29. At all times herein mentioned defendant CITY OF CONCORD, 24 COUNTY OF CONTRA COSTA and DOES 301 through 350 owned, operated, 25 maintained and approved the location of the airport known as 26 Buchanan Field situated in Concord, Ca. 8 I 1 2 3Z. As a proximate result of the negligence and carelessness 3 of defendants , and each of them, as set forth above, on December 4 23 , 1985 at or about 8: 30 p.m. when a Beechcraft Baron aircraft 5 owned and operated by James M. Graham crashed into the premises 6 negligently owned, operated, and leased by defendants, and each of them. 7 8 31. As a proximate result of the negligence and carelessness 9 of defendants, and each of them, and in the injuries sustained 10 by plaintiff, plaintiff has been generally damaged in an amount 11 in excess of $15 ,000.00. 12 32. As a proximate result of the negligence and carelessness 13 of defendants, and each of them, and in the injuries sustained 14 by plaintiff, plaintiff has required medical care and attention, and the services of physicians, x-rays, medicines, medication 15 16 and surgery; plaintiff has incurred obligations for same, but the exact amount of such expenditures is unknown at this time to 17 18 plaintiff and plaintiff therefore prays leave to amend this 19 complaint by inserting the true amounts of such expenditures, 20 together with such other and further reasonable sums as will be 21 required in the future for plaintiff ' s medical care and attention, 22 upon ascertaining the same or upon trial hereof, together with 23 appropriate charging allegations. 24 33. As a further proximate result of the negligence and 25 carelessness of defendants, and each of them, plaintiff was 26 prevented from attending to her usual occupation, and plaintiff I is informed and believes and thereupon alleges that she will 9 ' I thereby be prevented from attending to her usual occupation for a period of time in the future, and plaintiff therefore prays 3 leave to insert the true amount of such loss of earnings at the 4 time of trial hereof , or at the time the same is ascertained, 5 together with appropriate charging allegations. 6 34. Defendants, and each of them, so negligently owned, 7 operated, maintained and approved the location of Buchanan Field 8 so as to pose an unreasonable risk of injury to the shoppers at 9 the Sun Valley Shopping Mall. 10 WHEREFORE, plaintiff prays judgment, etc. 11 As and for a separate and distinct Seventh Cause of Action 12 against defendants, and each of them, plaintiff CLORENE PLOWMAN, 13 alleges as follows: 14 SEVENTH CAUSE OF ACTION 15 35. Plaintiff , CLORENE PLOWMAN, realleges each and every 16 paragraph of the First Cause of Action as though fully set forth 17 at this point. 18 WHEREFORE, plaintiff prays judgment, etc. 19 As and for a separate and distinct Eighth Cause of Action 20 against defendants, and each of them, plaintiff CLORENE PLOWMAN 21 alleges as follows: 22 EIGHTH CAUSE OF ACTION 23 36. Plaintiff , CLORENE PLOWMAN, realleges each and every. 24 paragraph of the Second Cause of Action as though the same were 25 fully set forth at this point. I 26 WHEREFORE, plaintiff prays judgment, etc. 10 I As and for a separate and distinct Ninth Cause of Action 2 against defendants, and each of them, plaintiff CLORENE PLOWMAN 3 alleges as follows: 4 NINTH CAUSE OF ACTION 5 37. Plaintiff , CLORENE PLOWMAN, realleges each and every 6 paragraph in the Third Cause of Action as though the same were 7 fully set forth at this point. 8 WHEREFORE, plaintiff prays judgment, etc. , 9 As and for a separate and distinct Tenth Cause of Action 10 against defendants, and each of them, plaintiff CLORENE PLOWMAN 11 alleges as follows: 12 TENTH CAUSE OF ACTION 13 38. Plaintiff, CLORENE PLOWMAN, realleges each and every 14 paragraph in the Fourth Cause of Action as though the same were 15 fully set forth at this point. 16 WHEREFORE, plaintiffra s p y judgment, etc. , 17 As and for a separate and distinct Eleventh Cause of Action 18 against defendants, and each of them, plaintiff CLORENE PLOWMAN 19 alleges as follows: 20 ELEVENTH CAUSE OF ACTION 21 39. Plaintiff, CLORENE PLOWMAN, realleges each and every 22 paragraph in the Fifth Cause of Action as though the same were 23 fully set forth at this point. 24 TWELFTH CAUSE OF ACTION 25 40. Plaintiff, CLORENE PLOWMAN, realleges each and every 26 paragraph in the Sixth Cause of Action as though the same were 11 1 2 fully-set forth at this point. 3 WHEREFORE, plaintiffs JANET PLOWMAN and CLORENE PLOWMAN pray 4 judgment against defendants, and each of them, as follows: 5 1 . General damages in a sum in excess of FIFTEEN b THOUSAND ( $15,000.00) DOLLARS; 7 2. All medical and incidental expenses according to proof; 8 3 . Loss of earnings according to proof; 9 4. Plaintiff demands judgment for prejudgment interest at 10 loo per annum pursuant to the provisions of Civil Code Section 11 3291; 5 . For costs of suit herein; 12 13 6. For such other and further relief as the court deems 14 proper. 15 16 DATED: July`(, , 1986 SCHRAG & BAUM Pro. essiona1 Corporation 17 ^� By 18 JAMES S. BAUM 19 20 21 22 23 24 I 25 j 26 12 11ACY'S SUN VALLEY MALL CRASH - '} Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Barque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Gliundon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony -MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack,,.. t Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David • Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, -Viegory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, BU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew - CLAIM BOARD OF SUPERVISORS OF CONTRA .COSTA COUNTY, CALIFORNIA Cl-aim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28', 1987 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNI IA/BUCHANAN FIELD AIRPORT (PLOWMA111) c/o Daniel M. Crawford , Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30, 1987 BY MAIL POSTMARKED: March 27, 198 7 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 30, 1987 QQHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 11. 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: // y BY: C/ y 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 (X) 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•:• /J Dated: APR 2 8 1987 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. 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: APR 2 9 1987 BY: PHIL BATCHELOR by GC- deputy Clerk CC: County Counsel County Administrator �;L81P� TO: BOARD OF SUPERVISORS OF CONTRA CO* Q*NXapplication to: Instructions to ClaimantC!erk of the Board �.d P, Q .5�.� i�io 6 Martinez.California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Resery g stamps Macy's California ) RECEIVED ) Against the COUNTY OF CONTRA COSTA) MAR-50 1987 BUCHANAN FIELD AIRPORT or DISTRICT) ­TF-1-11 in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: ------------------------z-------------------------------------- -�-- �. When did the damage or in3ury occur? (Give exact date and hour] December 23,1985, at approximately- 8:30 p.m. Macy's was served with . a lawsuit by plaintiffs Plowman on January 26 , 1987 , and Macy' s cause of action for indemnity arose on that date. �. Where did the damage or. injury occur? -(Include city and county) Sunvalley Shopping Center, City of Concord, County of `` Contra Costa. -T------- _- ------s--- - - --T -------------- 3. How did the damage oz in3ury occur? (Giveul� details, use extra sheets if required) See attached Page 1. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names ,of county or district officers, servants Pmployees causing the damage or injury? Unknown at this time b.- What damage oic injuries do you claim-iesulted? Give full extent ----- of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ---------------------------------------------------------------- 7.- Row was the amount claimed above computed? (Include the estimated- - amount of any prospective injury or damage. ) s This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and' Concord Police Department reports convering the accident list potential witnesses. --------------------------------------------------------------- 9. hxpely33 es you made on account of this accident or injury: • ITEM AMOUNT Macy's has incu red and is incurring substantial investigative defense costs , ncluding attorneys fees and further may be. subject to =the p&yMent f damages to injured parties and Macy's seeks indemnification for all such damages . Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or bysome person ph,4rtp behalf. " Name and Address of Attorney Daniel M. Crawford, Esq. Claiman s Sign re Carroll, Burdick & McDonough for: Macy's C i� rnia One Ecker Bldg. , Suite 400 P. 0. Boxr / San Francisco, CA 94105 Telephone No. 4151495-0500 San Francisco, CA 94120 Tele p Telephone No. 4-151954-6014 Attn: William H. King, Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." a 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom were Janet Plowman and Clorene Plowman. Plaintiffs are claiming damages as set forth in their complaint filed on July 18, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general damages in a sum in excess of $15, 000, medical and incidental expenses, loss of earnings, prejudgment interest at 10$ per annul, costs of suit, and such other and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indemnity of any recovery against Macy' s by the Plaintiffs claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action- for indemnity arose on or about January 26, 1987. PubEntCl .Plo EDDORSO FILES'. 1 SCHRAG & BAUM JUL 18 1980 2 Professional Corporation 2560 Ninth Street, Suite 315-A BENE C. DAVIDSON, County Clerk 3 Berkeley, Ca. 94710 BY: lames Kitterman, Deputy 415-849-1618 4 Attorneys for Plaintiff 5 6 7 COUNTY OF ALAMEDA, STATE OF CALIFORNIA 8 9 JANET PLOWMAN AND CLORENE 10 PLOWMAN, Plaintiffs, No. 606782-7 11 Vs. FIRST AMENDED COMPLAINT 12 FOR PERSONAL INJURIES 13 SUN VALLEY SHOPPING CENTER, INC. , R.H. MACY, INC. , 14 BEECHCRAFT CORPORATION, DOE I ADMINISTRATOR/EXECUTOR 15 OF THE ESTATE OF JAMES M. GRAHAM, CITY OF CONCORD, 16 COUNTY OF CONTRA COSTA, AND DOES 2 THROUGH 500, 17 Defendants. 18 / 19 Comes now Plaintiff, JANET PLOWMAN, and for a First Cause 20 of Action against defendants, and each of them, except Doe 1, 21 Beechcraft Corporation, City of Concord and, County of Contra 22 Costa, alleges as follows: FIRST CAUSE OF ACTION 23 24 1. Plaintiff is ignorant of the true names of the defendants sued herein as Does 1 through 500. 25 26 2. At all times herein mentioned SUN VALLEY SHOPPING CENTER, INC. , R.H. MACY, INC. , and DOES 2 through 200, were 1 corporations all and each of them doing business in the City of j•. 2 Concord, County of Contra Costa, State of California. 3 3 . At all times herein mentioned each defendant was and 4 now is the agent and employee of each of the remaining defendants 5 and of each other, and in doing the things herein mentioned, 6 each defendant was acting within the course and scope of such 7 agency and employment. 8 4. Defendants, and each of them, were the owners, operators, 9 lessors, and occupants of that certain real property located in 10 the City of Concord, County of Contra Costa, State of California, 11 commonly known as the Sun Valley Shopping Center located at the 12 intersection of Interstate Highway 680 and Willow Pass Road. 13 5. Defendants, and each of them, negligently and carelessly 14 owned, operated, leased, maintained, and repaired its premises 15 so as to cause it to be situated adjacent to an airport creating 16 an unreasonable risk of injury to its customers in the event of 17 an aircraft crashing on approach or take-off. 18 6. As a proximate result of the negligence and carelessness 19 of defendants, and each of them, as set forth above, on December 20 231 1985 at or about 8:30 p.m. when a Beechcraft Baron aircraft 21 owned and operated by James M. Graham crashed into the premises 22 negligently owned, operated, and leased by defendants, and each 23 of them. 24 7. As a proximate result of the negligence and carelessness 25 of defendants, and each of them, and in the injuries sustained 26 by plaintiff, plaintiff has been generally damaged in an amount 2 1 . in excess of $15,000. 00. 2 .1 . 8. As a proximate result of the negligence and carelessness 3 of defendants, and each of them, and in the injuries sustained 4 by plaintiff , plaintiff has required medical care and attention, 5 and the services of physicians, x-rays, medicines, medication 6 and surgery; plaintiff has incurred obligations for same, but 7 the exact amount of such expenditures is unknown at this time to 8 plaintiff and plaintiff therefore prays leave to amend this 9 complaint by inserting the true amounts of such expenditures, 10 together with such other and further reasonable sums as will be 11 required in the future for plaintiff' s medical care and attention, 12 upon ascertaining the same or upon trial hereof, together with 13 appropriate charging allegations. 14 9. As a further proximate result of the negligence and 15 carelessness of defendants, and each of them, plaintiff was 16 prevented from attending to her usual occupation, and plaintiff 17 is informed and believes and thereupon alleges that she will 18 thereby be prevented from attending to her usual occupation for 19 a period of time in the future, and plaintiff therefore prays ?0 leave to insert the true amount of such loss of earnings at the 21 time of trial hereof, or at the time the same is ascertained, 22 together with appropriate charging allegations. 23 WHEREFORE, plaintiff prays judgment, etc. , 24 As and for a separate and distinct second cause of action 25 against defendants, and each of them except defendants R.H. 26 MACY, SUN VALLEY SHOPPING CENTER, AND DOE 1, plaintiff alleges 3 1 • as follows: 2 SECOND CAUSE OF ACTION 3 10. Plaintiff realleges paragraphs 1, 3 and 6 through 9 of 4 her First Cause of Action except substitutes the words "defect 5 and/or defective condition" wherever the words "negligence and 6 carelessness" appear. 7 11. Defendant BEECHCRAFT CORPORATION and DOES 201 - 250, 8 were in the business of designing, manufacturing, advertising, 9 assembling, selling, repairing, inspecting, and maintaining 10 aircraft and component parts for aircraft which would be sold to 11 and used by members of the general public. 12 12. On a date unknown to plaintiff, defendants and each of 13 them, manufactured, designed, assembled, sold, inspected, repaired 14 and maintained a specific Beechcraft Baron aircraft owned and 15 operated by James M. Graham on December 23, 1985. 16 13 . Defendants and each of them, intended that the aircraft 17 and component parts thereof would be used without inspection for 18 defects. 19 14. The Beechcraft Baron aircraft owned and operated by 20 James M. Graham on December 23, 1985 and described above, was 21 defectively designed, manufactured, assembled, and sold in that 22 the propeller was defectively attached to the aircraft causing 23 it to separate in flight, the instruments were defectively 24 designed in a manner which would be confusing to a pilot, and the 25 aircraft was further defective by reason of the failure of 26 defendants and each of them, to warn plaintiff of these .and 4 1 ' other defects which proximately caused the aircraft to crash 2 e . and severely injure plaintiff on December 23, 1985 at or about 3 8: 30 p.m. Plaintiff prays leave to amend this complaint to 4 insert the true nature and extent of other defects as may be 5 ascertained through further investigation and/or discovery. 6 WHEREFORE, plaintiff prays judgment, etc. 7 As and for a separate and distinct Third Cause of Action 8 against defendants and each of them, except SUN VALLEY SHOPPING 9 CENTER, INC. , R.H. MACY, INC. , and DOE 1, plaintiff alleges as 10 follows: 11 THIRD CAUSE OF ACTION 12 15. Plaintiff realleges paragraphs 1, 3 , and 6 through 9 13 of the First Cause of Action and paragraphs 11 through 14 of the 14 Second Cause of Action as though the same were fully set forth 15 at this point, except substituting the words "negligence and 16 carelessness" wherever the words "defect, defective and/or 17 defective condition" appear. 18 WHEREFORE, plaintiff prays judgment, etc. 19 As and for a separate and distinct Fourth Cause of Action 20 against defendants and each of them, except BEECHCRAFT 21 CORPORATION, SUN VALLEY SHOPPING CENTER, INC. , and R.H. MACY, 22 INC. , plaintiff alleges as follows: 23 FOURTH CAUSE OF ACTION 24 16. Plaintiff realleges paragraphs 1, 3 , and 6 through 9 25 of the First Cause of Action as though the same were fully set 26 forth at this point. 5 1 " 17 . At all times herein mentioned, James M. Graham, and 2 Does 251 - 260 , were the owners, operators and responsible for 3 the repair and maintenance of the Beechcraft Baron aircraft. 4 18. On a date unknown to plaintiff, Doe 1 was appointed as S Administrator/Executor of the estate of James M. Graham, who 6 resided in the City of Oakland, County of Alameda, State of 7 California. 8 19 . On December 23, 1985 at or about 8: 30 p.m. and on 9 previous dates unknown to the plaintiff at this time, defendants 1p and each of them, so negligently and carelessly owned, operated, 11 repaired, maintained and flew the Beechcraft Baron aircraft so 12 as to cause it to crash into the roof of the Sun Valley Shopping 13 Center severely injuring plaintiff as hereinafter set forth. 14 WHEREFORE, plaintiffs pray judgment, etc. 15 As and for a separate and distinct Fifth Cause of Action 16 against defendants, CITY OF CONCORD and COUNTY OF CONTRA COSTA, 17 and DOES 261 through 300 , plaintiff JANET PLOWMAN alleges as 18 follows: 19 FIFTH CAUSE OF ACTION 20 20. Plaintiff realleges paragraphs 1 through 19 of the 21 First through Fourth Causes of Action as though fully set forth 27 herein. 23 21. At all times herein mentioned defendants, CITY OF 24 CONCORD, COUNTY OF CONTRA COSTA, and DOES 261 through 300 were 25 responsible for approving the location and design of the Sun 26 Valley Shopping Center. 6 1 22. Defendants, and each of them, so negligently and 2 carelessly approved the location and design of the Sun Valley 3 Shopping Center so as to create an unreasonable risk of injury 4 to the patrons thereof from aircraft taking off from and landing 5 at Buchanan Field. 6 23 . Plaintiff filed a claim against the City of Concord and 7 County of Contra Costa alleging negligence by said defendants. 8 Said claims have been denied and rejected within six months 9 hereof. 10 24. As a proximate result of the negligence and carelessness 11 of defendants, and each of them, as set forth above, on December 12 23 , 1985 at or about 8: 30 p.m. when a Beechcraft Baron aircraft 13 owned and operated by James M. Graham crashed into the premises 14 negligently owned, operated, and leased by defendants, and each 15 of them. 16 25. As a proximate result of the negligence and carelessness 17 of defendants, and each of them, and in the injuries sustained 18 by plaintiff, plaintiff has been generally damaged in an amount 19 `' in excess of $15,000. 00. 20 26 . As a proximate result of the negligence and carelessness 21 of defendants, and each of them, and in the injuries sustained 22 by plaintiff, plaintiff has required medical care and attention, 23 and the services of physicians, x-rays, medicines, medication 24 and surgery; plaintiff has incurred obligations for same, but 25 the exact amount of such expenditures is unknown at this time to 26 plaintiff and plaintiff therefore prays leave to amend this 7 1 complaint by inserting the true amounts of such expenditures, together with such other and further reasonable sums as will be 3 required in the future for plaintiff' s medical care and attention, 4 upon ascertaining the same or upon trial hereof , together with 5 appropriate charging allegations. 6 27. As a further proximate result of the negligence and 7 carelessness of defendants, and each of them, plaintiff was 8 prevented from attending to her usual occupation, and plaintiff 9 is informed and believes and thereupon alleges that she will 10 thereby be prevented from attending to her usual occupation for 11 a period of time in the future, and plaintiff therefore prays 12 leave to insert the true amount of. such loss of earnings at the 13 time of trial hereof , or at the time the same is ascertained, 14 together with appropriate charging allegations. 15 WHEREFORE, plaintiff prays judgment, etc. 16 As and for a separate and distinct Sixth Cause of Action 17 against defendants CITY OF CONCORD, COUNTY OF CONTRA COSTA, and 18 DOES 301 through 350 , plaintiff JANET PLOWMAN alleges as follows: 19 SIXTH CAUSE OF ACTION 20 28. Plaintiff realleges paragraphs 1 through 26 of the 21 First through Fifth Causes of Action as though the same were 22 fully set forth at this point. 23 29. At all times herein mentioned defendant CITY OF CONCORD, 24 COUNTY OF CONTRA COSTA and DOES 301 through 350 owned, operated, 25 maintained and approved the location of the airport known as 26 Buchanan Field situated in Concord, Ca. 8 1 2 34: As a proximate result of the negligence and carelessness 3 of defendants , and each of them, as set forth above, on December 4 23 , 1985 at or about 8:30 p.m. when a Beechcraft Baron aircraft 5 owned and operated by James M. Graham crashed into the premises 6 negligently owned, operated, and leased by defendants, and each ' of them. 31. As a proximate result of the negligence and carelessness 8 of defendants, and each of them, and in the injuries sustained 9 by plaintiff, plaintiff has been generally damaged in an amount 10 11 in excess of $15 ,000.00. 12 32. As a proximate result of the negligence and carelessness 13 of defendants, and each of them, and in the injuries sustained 14 by plaintiff , plaintiff has required medical care and attention, 15 and the services of physicians, x-rays, medicines, medication 16 and surgery; plaintiff has incurred obligations for same, but 17 the exact amount of such expenditures is unknown at this time to 18 plaintiff and plaintiff therefore prays leave to amend this 19 complaint by inserting the true amounts of such expenditures, 20 together with such other and further reasonable sums as will be 21 required in the future for plaintiff' s medical care and attention, 22 upon ascertaining the same or upon trial hereof, together with appropriate charging allegations. 23 24 33. As a further proximate result of the negligence and 25 carelessness of defendants, and each of them, plaintiff was 26 prevented from attending to her usual occupation, and plaintiff is informed and believes and thereupon alleges that she will ` 9 1 thereby be prevented from attending to her usual occupation for 2 :--- a period of time in the future, and plaintiff therefore prays 3 leave to insert the true amount of such loss of earnings at the 4 time of trial hereof, or at the time the same is ascertained, 5 together with appropriate charging allegations. 6 34. Defendants, and each of them, so negligently owned, 7 operated, maintained and approved the location of Buchanan Field 8 so as to pose an unreasonable risk of injury to the shoppers at 9 the Sun Valley Shopping Mall. 10 WHEREFORE, plaintiff prays judgment, etc. 11 As and for a separate and distinct Seventh Cause of Action 12 against defendants , and each of them, plaintiff CLORENE PLOWMAN, 13 alleges as follows: 14 SEVENTH CAUSE OF ACTION 15 35. Plaintiff , CLORENE PLOWMAN, realleges each and every 16 paragraph of the First Cause of Action as though fully set forth 17 at this point. 18 WHEREFORE, plaintiff prays judgment, etc. 19 As and for a separate and distinct Eighth Cause of Action 20 against defendants, and each of them, plaintiff CLORENE PLOWMAN 21 alleges as follows: 22 EIGHTH CAUSE OF ACTION 23 36. Plaintiff , CLORENE PLOWMAN, realleges each and every 24 paragraph of the Second Cause of Action as though the same were 25 fully set forth at this point. 26 WHEREFORE, plaintiff prays judgment, etc. 10 I I As and for a separate and distinct Ninth Cause of Action 2 against defendants, and each of them, plaintiff CLORENE PLOWMAN 3 alleges as follows: 4 NINTH CAUSE OF ACTION 5 37. Plaintiff, CLORENE PLOWMAN, realleges each and every 6 paragraph in the Third Cause of Action as though the same were 7 fully set forth at this point. 8 WHEREFORE, plaintiff prays judgment, etc. , 9 As and for a separate and distinct Tenth Cause of Action 10 against defendants , and each of them, plaintiff CLORENE PLOWMAN 11 alleges as follows: 12 TENTH CAUSE OF ACTION 13 38 . Plaintiff, CLORENE PLOWMAN, realleges each and every 14 paragraph in the Fourth Cause of Action as though the same were 15 fully set forth at this point. 16 WHEREFORE, plaintiffra s p y judgment, etc. , 17 As and fora separate and distinct Eleventh Cause of Action 18 against defendants, and each of them, plaintiff CLORENE PLOWMAN 19 alleges as follows: 20 ELEVENTH CAUSE OF ACTION 21 39. Plaintiff , CLORENE PLOWMAN, realleges each and every 22 paragraph in the Fifth Cause of Action as though the same were 23 fully set forth at this point. 24 TWELFTH CAUSE OF ACTION 25 40. Plaintiff, CLORENE PLOWMAN, realleges each and every 26 paragraph in the Sixth Cause of Action as though the same were i 11 1 2 fully-set forth at this point. 3 WHEREFORE, plaintiffs JANET PLOWMAN and CLORENE PLOWMAN pray 4 judgment against defendants, and each of them, as follows: 5 1. General damages in a sum in excess of FIFTEEN 6 THOUSAND ( $15 ,000.00 ) DOLLARS; 7 2. All medical and incidental expenses according to proof; 8 3 . Loss of earnings according to proof ; 9 4 . Plaintiff demands judgment for prejudgment interest at 10 10o per annum pursuant to the provisions of Civil Code Section 11 3291; 12 5 . For costs of suit herein; 13 6 . For such other and further relief as the court deems 14 proper. 15 16 DATED: Julyl(, , 1986 SCHRAG & BAUM Pro. essional Corporation 17 ^� By , \- 18 J ES S. BAUM 19 20 21 22 23 24 25 , 26 I 12 JJACY'S SUN VALLEY MALL CRASH - 'r Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony e 'MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Hack,. — Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plouman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David „� hLLLl !'uiLL LttA.311 t q Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward . t Seiffert, f regory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, nU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA AS EX—OFFICIO...AS THE GOVERNING BOARD 07 THE CONSOLIDATED FIRE DISTRICT _Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 1987 and Boa,d 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA (PLOWMAN) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. , #400 Date received 1987 ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30 , BY MAIL POSTMARKED: M rrb 7 , 19R7 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 30, 1987 JAIL BAATTCepuYELOR, Clerk L. Hall II. 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: ,.Lj� g, 9 BY: c C County Counsel 7 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. APR 2 8 198,7 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. 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: APR 2 9 1981 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I SCI, TO: BOARD OF' SUPERVISORS OF CONTRA COA_rF4Kapp1icationto: Instructions to ClaimantVerk of the Board &4rl PA' Martinez.California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end obis form. RE: Claim by )Reserved for Clerk's filing stamps Macy' s California ) ) REC21VEII Against the COUNTY OF CONTRA COSTA) MARD19g7 CONSOLIDATED FIRE DISTRICT ) or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: ------------------------z--------------------------------------- --- �. When did the damage or injury occur? (Give exact date and hour] December 23, `1985, : at approximately- 8 : 30 p.m. Macy' s was served with ' . a lawsuit by plaintiffs Plowman on January 26 , 1987, and Macy' s cause of action for indemnity arose on that date. �. Where aid-the damage or_ in3ury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or in3ury occur? (Give dull details, use extra sheets if required) See attached Page 1. 4. What particular act or omgssion on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants or-',�--' employees causing the damage or injury? Unknown at this time b. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. -------- --- ------ ------- -------------- -- - ---------------------- 7. How was---- - - - the amount claimed above computed? (Include the estimated--- amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. --------------------------------------------------- --------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . 9. List the expenditures you made on account of this accident or in ur . -�,y { ITEM AMOUNT 7, ep 11 r and is incurring substantial investigative [;defecosts , in uding attorneys fees and further may be subject topay get of amages to injured parties and Macy's seeks indemtific t-3on f all such damages . G35':.�rai. 191 VMA. _(X.6ise.:N yiftris Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by someperson op h' behalf. " Name and Address of Attorney Vll� Daniel M. Crawford, Esq. fo Mac a smC 1 ' Si u Carroll , Burdick & McDonough Y` �ornia One Ecker Bldg. , Suite 400 Addr� $ San Francisco, CA 94105 P. 0. Box Telephone No. 415/495-0500 San Tele hone No Francisco, A 94120 P 415/954-6014 Attn: William H. Kin , Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3. A. Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom were Janet Plowman and Clorene Plowman. Plaintiffs are claiming damages as set forth in their complaint filed on July 18, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general damages in a sum in excess of $15, 000, medical and incidental expenses, loss of earnings, prejudgment interest at 10% per annul, costs of suit, and such other and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indemnity of any recovery against Macy' s by the Plaintiffs claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for . indemnity arose on or about January 26, 1987. PubEntCl.Plo IENDORSO FILET' I SCHRAG & BAUM JUL 18 198C 2 Professional Corporation 2560 Ninth Street, Suite 315-A t►ENE C. DAVIDSON, County Clerk 3 Berkeley, Ca. 94710 BY: James Kitterman, Deputy 415-849-1618 4 Attorneys for Plaintiff 5 6 7 COUNTY OF ALAMEDA, STATE OF CALIFORNIA 8 9 JANET PLOWMAN AND CLORENE 10 PLOWMAN, 11 Plaintiffs, No. 606782-7 Vs. FIRST AMENDED COMPLAINT 12 FOR PERSONAL INJURIES SUN VALLEY SHOPPING CENTER, 13 INC. , R.H. MACY, INC. , 14 BEECHCRAFT CORPORATION, DOE I ADMINISTRATOR/EXECUTOR OF THE ESTATE OF JAMES M. 15 GRAHAM, CITY OF CONCORD, 16 COUNTY OF CONTRA COSTA, AND DOES 2 THROUGH 500, 17 Defendants. 18 / 19 Comes now Plaintiff, JANET PLOWMAN, and for a First Cause 20 of Action against defendants, and each of them, except Doe 1, 21 Beechcraft Corporation, City of Concord and, County of Contra Costa, alleges as follows: 22 FIRST CAUSE OF ACTION 23 24 1. Plaintiff is ignorant of the true names of the defendants sued herein as Does 1 through 500. 25 2. At all times herein mentioned SUN VALLEY SHOPPING 26 CENTER, INC. , R.H. MACY, INC. , and DOES 2 through 200, were • 1 1 corporations all and each of them doing business in the City of .01- 2 - 2 Concord, County of Contra Costa, State of California. 3 3 . At all times herein mentioned each defendant was and 4 now is the agent and employee of each of the remaining defendants S and of each other, and in doing the things herein mentioned, 6 each defendant was acting within the course and scope of such 7 agency and employment. 8 4. Defendants, and each of them, were the owners, operators, 9 lessors, and occupants of that certain real property located in 10 the City of Concord, County of Contra Costa, State of California, 11 commonly known as the Sun Valley Shopping Center located at the 12 intersection of Interstate Highway 680 and Willow Pass Road. 13 5. Defendants, and each of them, negligently and carelessly 14 owned, operated, leased, maintained, and repaired its premises 15 so as to cause it to be situated adjacent to an airport creating 16 an unreasonable risk of injury to its customers in the event of 17 an aircraft crashing on approach or take-off. 18 6. As a proximate result of the negligence and carelessness 19 of defendants, and each of them, as set forth above, on December 20 23, 1985 at or about 8:30 p.m. when a Beechcraft Baron aircraft 21 owned and operated by James M. Graham crashed into the premises 22 negligently owned, operated, and leased by defendants, and each 23 of them. 24 7. As a proximate result of the negligence and carelessness 25 of defendants, and each of them, and in the injuries sustained 26 by plaintiff, plaintiff has been generally damaged in an amount 2 • J •r 1 in excess of $15,000.00. 2 8. As a proximate result of the negligence and carelessness 3 of defendants, and each of them, and in the injuries sustained 4 by plaintiff, plaintiff has required medical care and attention, 5 and the services of physicians, x-rays, medicines, medication 6 and surgery; plaintiff has incurred obligations for same, but 7 the exact amount of such expenditures is unknown at this time to 8 plaintiff and plaintiff therefore prays leave to amend this 9 complaint by inserting the true amounts of such expenditures, 10 together with such other and further reasonable sums as will be 11 required in the future for plaintiff' s medical care and attention, 12 upon ascertaining the same or upon trial hereof , together with 13 appropriate charging allegations. 14 9 . As a further proximate result of the negligence and 15 carelessness of defendants, and each of them, plaintiff was 16 prevented from attending to her usual occupation, and plaintiff 17 is informed and believes and thereupon alleges that she will 18 thereby be prevented from attending to her usual occupation for 19 a period of time in the future, and plaintiff therefore prays 20 leave to insert the true amount of such loss of earnings at the 21 time of trial hereof, or at the time the same is ascertained, 22 together with appropriate charging allegations. 23 WHEREFORE, plaintiff prays judgment, etc. , 24 As and for a separate and distinct second cause of action 25 against defendants, and each of them except defendants R.H. 26 MACY, SUN VALLEY SHOPPING CENTER, AND DOE 1, plaintiff alleges 3 1 as follows: 2 SECOND CAUSE OF ACTION 3 10. Plaintiff realleges paragraphs 1, 3 and 6 through 9 of 4 her First Cause of Action except substitutes the words "defect 5 and/or defective condition" wherever the words "negligence and 6 carelessness" appear. 7 11. Defendant BEECHCRAFT CORPORATION and DOES 201 - 250, 8 were in the business of designing, manufacturing, advertising, 9 assembling, selling, repairing, inspecting, and maintaining 10 aircraft and component parts for aircraft which would be sold to ` 11 and used by members of the general public. 12 12. On a date unknown to plaintiff, defendants and each of 13 them, manufactured, designed, assembled, sold, inspected, repaired 14 and maintained a specific Beechcraft Baron aircraft owned and 15 operated by James M. Graham on December 23 , 1985. 16 13 . Defendants and each of them, intended that the aircraft 17 and component parts thereof would be used without inspection for 18 defects. 19 14 . The Beechcraft Baron aircraft owned and operated by 20 James M. Graham on December 23 , 1985 and described above, was 21 defectively designed, manufactured, assembled, and sold in that 22 the propeller was defectively attached to the aircraft causing 23 it to separate in flight, the instruments were defectively 24 designed in a manner which would be confusing to a pilot, and the 25 aircraft was further defective by reason of the failure of I 26 defendants and each of them, to warn plaintiff of these and 4 1 - other defects which proximately caused the aircraft to crash 2 ' and severely injure plaintiff on December 23 , 1985 at or about 3 8 :30 p.m. Plaintiff prays leave to amend this complaint to 4 insert the true nature and extent of other defects as may be 5 ascertained through further investigation and/or discovery. 6 WHEREFORE, plaintiff prays judgment, etc. 7 As and for a separate and distinct Third Cause of Action 8 against defendants and each of them, except SUN VALLEY SHOPPING 9 CENTER, INC. , R.H. MACY, INC. , and DOE 1, plaintiff alleges as 10 follows: 11 THIRD CAUSE OF ACTION 12 15. Plaintiff realleges paragraphs 1, 3, and 6 through 9 13 of the First Cause of Action and paragraphs 11 through 14 of the 14 Second Cause of Action as though the same were fully set forth 15 at this point, except substituting the words "negligence and 16 carelessness" wherever the words "defect, defective and/or 17 defective condition" appear. 18 WHEREFORE, plaintiff prays judgment, etc. 19 As and for a separate and distinct Fourth Cause of Action 20 against defendants and each of them, except BEECHCRAFT 21 CORPORATION, SUN VALLEY SHOPPING CENTER, INC. , and R.H. MACY, 22 INC. , plaintiff alleges as follows: 23 FOURTH CAUSE OF ACTION 24 16. Plaintiff realleges paragraphs 1, 3, and 6 through 9 25 of the First Cause of Action as though the same were fully set 26 forth at this point. , 5 i 1 17 . At all times herein mentioned, James M. Graham, and 2 Does 251 - 260, were the owners, operators and responsible for 3 the repair and maintenance of the Beechcraft Baron aircraft. 4 18. On a date unknown to plaintiff, Doe 1 was appointed as 5 Administrator/Executor of the estate of James M. Graham, who 6 resided in the City of Oakland, County of Alameda, State of 7 California. 8 19. On December 23 , 1985 at or about 8:30 p.m. and on 9 previous dates unknown to the plaintiff at this time, defendants 10 and each of them, so negligently and carelessly owned, operated, 11 repaired, maintained and flew the Beechcraft Baron aircraft so 12 as to cause it to crash into the roof of the Sun Valley Shopping 13 Center severely injuring plaintiff as hereinafter set forth. 14 WHEREFORE, plaintiffs pray judgment, etc. 15 As and for a separate and distinct Fifth Cause of Action 16 against defendants, CITY OF CONCORD and COUNTY OF CONTRA COSTA, 17 and DOES 261 through 300, plaintiff JANET PLOWMAN alleges as 18 follows: 19 FIFTH CAUSE OF ACTION 20 20. Plaintiff realleges paragraphs 1 through 19 of the 21 First through Fourth Causes of Action as though fully set forth 22 herein. 23 21. At all times herein mentioned defendants, CITY OF 24 CONCORD, COUNTY OF CONTRA COSTA, and DOES 261 through 300 were 25 responsible for approving the location and design of the Sun 26 Valley Shopping Center. 6 1 22. Defendants, and each of them, so negligently and 2 carelessly approved the location and design of the Sun Valley 3 Shopping Center so as to create an unreasonable risk of injury 4 to the patrons thereof from aircraft taking off from and landing 5 at Buchanan Field. 6 23 . Plaintiff filed a claim against the City of Concord and 7 County of Contra Costa alleging negligence by said defendants. 8 Said claims have been denied and rejected within six months 9 hereof. 10 24. As a proximate result of the negligence and carelessness 11 of defendants, and each of them, as set forth above, on December 12 23 , 1985 at or about 8: 30 p.m. when a Beechcraft Baron aircraft 13 owned and operated by James M. Graham crashed into the premises 14 negligently owned, operated, and leased by defendants, and each 15 of them. 16 25 . As a proximate result of the negligence and carelessness 17 of defendants, and each of them, and in the injuries sustained 18 by plaintiff , plaintiff has been generally damaged in an amount 19 in excess of $15,000 .00. 20 26. As a proximate result of the negligence and carelessness 21 of defendants, and each of them, and in the injuries sustained 22 by plaintiff, plaintiff has required medical care and attention, 23 and the services of physicians, x-rays, medicines, medication 24 and surgery; plaintiff has incurred obligations for same, but 25 the exact amount of such expenditures is unknown at this time to 26 plaintiff and plaintiff therefore prays leave to amend this 7 1 complaint by inserting the true amounts of such expenditures, 2 together with such other and further reasonable sums as will be 3 required in the future for plaintiff' s medical care and attention, 4 upon ascertaining the same or upon trial hereof, together with 5 appropriate charging allegations. 6 27. As a further proximate result of the negligence and 7 carelessness of defendants, and each of them, plaintiff was 8 prevented from attending to her usual occupation, and plaintiff 9 is informed and believes and thereupon alleges that she will 10 thereby be prevented from attending to her usual occupation for 11 a period of time in the future, and plaintiff therefore prays 12 leave to insert the true amount of. such loss of earnings at the 13 time of trial hereof , or at the time the same is ascertained, 14 together with appropriate charging allegations. 15 WHEREFORE, plaintiff prays judgment, etc. 16 As and for a separate and distinct Sixth Cause of Action 17 against defendants CITY OF CONCORD, COUNTY OF CONTRA COSTA, and 18 DOES 301 through 350 , plaintiff JANET PLOWMAN alleges as follows: 19 SIXTH CAUSE OF ACTION 20 28. Plaintiff realleges paragraphs 1 through 26 of the 21 First through Fifth Causes of Action as though the same were 22 fully set forth at this point. 23 29. At all times herein mentioned defendant CITY OF CONCORD, 24 COUNTY OF CONTRA COSTA and DOES 301 through 350 owned, operated, 25 maintained and approved the location of the airport known as 26 Buchanan Field situated in Concord, Ca. 8 1 2 3,0: As a proximate result of the negligence and carelessness 3 of defendants , and each of them, as set forth above, on December 4 23 , 1985 at or about 8:30 p.m. when a Beechcraft Baron aircraft 5 owned and operated by James M. Graham crashed into the premises negligently owned, operated, and leased by defendants, and each '6 7 of them. 31. As a proximate result of the negligence and carelessness 8 9 of defendants, and each of them, and in the injuries sustained by plaintiff, plaintiff has been generally damaged in an amount .10 11 in excess of $15 ,000.00. 12 32. As a proximate result of the negligence and carelessness 13 of defendants, and each of them, and in the injuries sustained 14 by plaintiff, plaintiff has required medical care and attention, 15 and the services of physicians, x-rays , medicines, medication 16 and surgery; plaintiff has incurred. obligations for same, but 17 the exact amount of such expenditures is unknown at this time to 18 plaintiff and plaintiff therefore prays leave to amend this 19 complaint by inserting the true amounts of such expenditures, together with such other and further reasonable sums as will be 20 21 required in the future for plaintiff ' s medical care and attention, 22 upon ascertaining the same or upon trial hereof, together with 23 appropriate charging allegations. 24 33. As a further proximate result of the negligence and carelessness of defendants, and each of them, plaintiff was 25 prevented from attending to her usual occupation, and plaintiff 26 is informed and believes and thereupon alleges that she will 9 I thereby be prevented from attending to her usual occupation for 2 a period of time in the future, and plaintiff therefore prays 3 leave to insert the true amount of such loss of earnings at the 4 time of trial hereof, or at the time the same is ascertained, 5 together with appropriate charging allegations. 6 34. Defendants, and each of them, so negligently owned, 7 operated, maintained and approved the location of Buchanan Field 8 so as to pose an unreasonable risk of injury to the shoppers at 9 the Sun Valley Shopping Mall. 10 WHEREFORE, plaintiff prays judgment, etc. 11 As and for a separate and distinct Seventh Cause of Action 12 against defendants, and each of them, plaintiff CLORENE PLOWMAN, 13 alleges as follows: 14 SEVENTH CAUSE OF ACTION 15 35. Plaintiff , CLORENE PLOWMAN, realleges each and every 16 paragraph of the First Cause of Action as though fully set forth 17 at this point. 18 WHEREFORE, plaintiff prays judgment, etc. 19 As and for a separate and distinct Eighth Cause of Action 20 against defendants, and each of them, plaintiff CLORENE PLOWMAN 21 alleges as follows: 22 EIGHTH CAUSE OF ACTION 23 36. Plaintiff , CLORENE PLOWMAN, realleges each and every. 24 paragraph of the Second Cause of Action as though the same were 25 fully set forth at this point. 26 WHEREFORE, plaintiff prays judgment, etc. i i 10 I As and for a separate and distinct Ninth Cause of Action 2 against defendants, and each of them, plaintiff CLORENE PLOWMAN 3 alleges as follows: 4 NINTH CAUSE OF ACTION 5 37 . Plaintiff, CLORENE PLOWMAN, realleges each and every 6 paragraph in the Third Cause of Action as though the same were 7 fully set forth at this point. 8 WHEREFORE, plaintiff prays judgment, etc. , 9 As and for a separate and distinct Tenth Cause of Action 10 against defendants, and each of them, plaintiff CLORENE PLOWMAN 11 alleges as follows: 12 TENTH CAUSE OF ACTION 13 38 . Plaintiff, CLORENE PLOWMAN, realleges each and every 14 paragraph in the Fourth Cause of Action as though the same were 15 fully set forth at this point. 16 WHEREFORE, plaintiffra s p y judgment, etc. , 17 As and for a separate and distinct Eleventh Cause of Action 18 against defendants, and each of them, plaintiff CLORENE PLOWMAN 19 alleges as follows: 20 ELEVENTH CAUSE OF ACTION 21 39. Plaintiff, CLORENE PLOWMAN, realleges each and every 22 paragraph in the Fifth Cause of Action as though the same were 23 fully set forth at this point. 24 TWELFTH CAUSE OF ACTION 25 40. Plaintiff, CLORENE PLOWMAN, realleges each and every 26 paragraph in the Sixth Cause of Action as though the same were 11 I 1 2 fullyj-set forth at this point. 3 WHEREFORE, plaintiffs JANET PLOWMAN and CLORENE PLOWMAN pray 4 judgment against defendants, and each of them, as follows: S 1. General damages in a sum in excess of FIFTEEN 6 THOUSAND ( $15,000.00 ) DOLLARS; -, 7 2. All medical and incidental expenses according to proof; 8 3 . Loss of earnings according to proof ; 9 4. Plaintiff demands judgment for prejudgment interest at 10 loo per annum pursuant to the provisions of Civil Code Section 11 3291; 12 5 . For costs of suit herein; 6 . For such other and further relief as the court deems 13 14 proper. 15 16 DATED: July`(; , 1986 SCHRAG & BAUM Pro. essional Corporation 17 B � 18 y J ES S. BAUM 19 20 21 22 23 24 y 25 26 12 &CY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph t Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony -�-- 'HACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen,. Pat Lewis, Mack : Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David . .. ►na.l.L l PIALL' LRASH Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gfe'gory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, n U Trice, Jarrod Trice, Susan • Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew a.i�. -. .M•.ZU/.t'..�v .mow.... . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT c�R 7 and Buard Action. All Section references are to ) The copy of this document mailed to yo� s you?n otic€ 1Sf CaTifornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA/BUCHANAN FIELD AIRPORT (TRICE) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. , #400 Date received March 30, 1987 ADDRESS: San Francisco , CA 94105 BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: March 27 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 30, 1987 JaIL g: OeputATCHELOR, Clerk y a 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) 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: S 9 0 BY Deputy County Counsel I11. 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 (X ) This Claim is rejected in full, ( \) Other: I certify that this is a true and correct copy of the Board' . Order entered in its minutes for this date. Dated: APR 2 8 1987 PHIL BATCHELOR, Clerk, By -C-� , 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. 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 a d Notice to Claimant, addressed to the claimant as shown above. Dated: 'APR 2 9 1987 BY: PHIL BATCHELOR by -��Deputy Clerk CC: County Counsel County Administrator ATO: BOARD OF SUPERVISORS OF CONTRA CCW*Qyappticationto: Instructions to ClaimantC!erk of the Board &Si P," e Martinez,Calitornia94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps Macy's California ) 10 i%m *�ED - ) j ) Against the COUNTY OF CONTRA COSTA) MAR3®I987 BUCHANAN FIELD AIRPORT ) or DISTRICT) x"T (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �. When did the damage or injury occur? (Give exact date and hour] December 23, '1985, . at approximately- 8 : 30 p.m. Macy's was served with . a lawsuit by plaintiff Trice on January 26 . 1987 . and Macy' s cause of action for indemnity arose on that date. �. Where did the damage or injury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of ! Contra Costa. i 3. How did the damage or in3ury occur? (Give �ulS details, use extra sheets if required) See attached Page 1 . -------------T---------------T--T---- ----4 --------------------T---T----- . What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. S. What are the names of county or district officers, servants .car%-- ---;,- employees causing the damage or injury? Unknown at this time 6. What damage-or injuries do you claim resulted? Give full extent Z - of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ----------------------------------------------------------=-- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . �. List the-- T s-you made on account of this accident or injury: OUNT (leiff- I;J5,`)Reef&r d and is incuT CT rring ng substantial investigativel defense costs , i luding attorneys fees and further may be: subject to'•'tiie pa t o damages to injured parties and Macy's seeks indemnificaEion r all such damages . •*�* ,�*�5�k�:*+�a*�,'�,�i.#at+�+'�e�* *�*****+r*t��***f*******�****�******�*�r�**tri*t****** tx.:FTt+i:o.A=nti: Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or lAy,,some erson behalf. " Name and Address of Attorney Daniel M. Crawford, Esq. fo Macya sma l ,s t Carroll, Burdick & McDonough ornia One Ecker Bldg. , Suite 400r. O. Bdodrox 8 San Francisco, CA 94105 Telephone No. 415/495-0500 San Francisco, CA 94120 Tele p Telephone No. 4-1-5/954-6014 Attn: William H. King, Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " t 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall, among whom were Sue Trice and Jared Trice. Plaintiffs are claiming damages as set forth in their complaint filed on June 3, 1985, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, prejudgment interest, costs of suit and such other and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indemnity of any recovery against Macy's by the Plaintiffs claiming damages due to the aircrash. The accident out of which the claiom arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl.Tri LAW OFFICES OF r1 T—'1 1 WALKUP, SHELBY. BASTIAN. MELODIA KELLY & O•REILLY 2 A PROPE55IONAL CORPORATION 650 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 TELE/NONE (415) 981-7210 1 nC �'C:':' !`+ n l •':cr_ ol 4 (........ ...^i ..':' 5 ATTORNEYS FOR PLAINTIFF .6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 SUE TRICE and JIM TRICE, pp nn 7i individually, JARED TRICE, ) NO. U 'J j 5 11 a minor, by and through his ) Guardian ad Litem, SUE TRICE, ) COMPLAINT FOR DAMAGES 12 ) (Personal Injury) Plaintiffs, ) 13 ) VS. ) 14 ) THE BEECH AIRCRAFT CORPORATION, ) 15 GENERAL AVIATION SERVICES, ) JAMES McGHEEHAN, THE ESTATE OF ) 16 JAMES MOUNTAIN GRAHAM, THE SUN ) VALLEY SHOPPING MALL, R.H. MACY) 17 INC. , THE TAUBMAN COMPANY, INC. ) WELLS FARGO BANK, as trustee of) 18 THE TAUBMAN COMPANY, INC. , ) CITY OF CONCORD, COUNTY OF ) 19 CONTRA COSTA, DOES ONE through ) THREE HUNDRED, inclusive, ) 20 ) Defendants. ) 21 ) 22 FIRST CAUSE OF ACTION (Negligence) 23 Plaintiffs complain of defendants, and each of them, and 24 for a First Cause of Action allege: 25 1. The true names or capacities, whether individual, 26 corporate, governmental or associate of the defendants named I herein as DOE are unknown to plaintiffs who therefore sue said 2 •defeCLdants by such fictitious names. Plaintiffs pray leave to 3 amend this complaint to show their true names and capacities 4 when the same have been finally determined. 5 Plaintiffs are informed and believe and, upon such information 6 and belief, allege that each of the defendants designated herein 7 as DOE is negligently or otherwise legally responsible in some 8 manner for the events and happenings herein referred to, and 9 negligently or otherwise caused injury and damages proximately 10 thereby to plaintiffs, as is hereinafter alleged. 11 2. At all times herein mentioned, each and every of the 12 defendants herein was the agent, servant, partner, employee, 13 joint venturer and franchisee of each of the remaining defendants, 14 and at all times acting within the course and scope of said agency, 15 service, partnership, employment, joint venture and franchise 16 and each defendant has ratified and approved the acts of the 17 remaining defendants. 18 3. By Order of this Court, Sue Trice has been appointed 19 and is serving as the Guardian ad Litem of Jared Trice, a minor. 20 4 . At all times herein mentioned, defendant Beech Aircraft 21 Corporation was a Kansas corporation doing business in the State 22 of California. 23 5. At all times herein mentioned DOES ONE through FIVE 24 were engine manufacturers licensed to do and doing business within 25 the State of California. A...OFFICES OF 6 6. At all times herein mentioned, DOES SIX through TWENTY WALKUP.SHELBY.BASTIAN• 41ELODIA.KELLY A O•RCILLY —2- A 2A PROFESSIONAL COR10RAnoN .(NARTFORO KOG•JMK FLOOK •SO CALIFORNIA STREET SAN FRANCISCO.CA 94100 141ST 9BI.7I10 I were instrument or other component manufacturers licensed to 2 do am& doing business within the State of California. 3 7 . At all times herein mentioned defendants Beech Aircraft 4 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 5 designed, processed, constructed, manufactured, assembled, 6 prepared, selected materials, parts and components, represented 7 to tests and inspect, manage, maintain, repair, service, own 8 and sold a certain twin engine aircraft known as the Beechcraft 9 Baron. 10 8. At all times herein mentioned, defendants and each of it them so negligently and carelessly designed, processed, 12 constructed, manufactured, assembled, prepared, selected materials, 13 parts and components, represented to tests and inspect, manage, 14 maintained, repaired, serviced, owned, leased and sold said 15 aircraft and its component parts so as to cause said aircraft 16 on December 23, 1985 to fall and crash into R.H. Macy, Inc. 's 17 store in the Sun Valley Mall in Concord, California thereby 18 injuring plaintiffs. 19 _ 9. At all times herein mentioned defendants Sun Valley 20 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 21 and each of them, were business entities the exact form and nature 22 of which are unknown to plaintiffs who pray leave to amend and 23 insert the same when they are ascertained, but which. business 24 entities were at all times doing business within the State of 25 California. LAW OFFIC91 OF 26 10 . At all times herein mentioned R.H. Macy, Inc. was a WALKUP.SNC►OY.BASTIAN. NCLOD1A.KELLY A O'RCIIIY -3- A PROFCSSIONAI CORPORATION 'N(MART/ORO KDT.•301"FLOOR 4SO CALIFORNIA STREET SAN FRANCISCO.CA 94100 441S)9817210 I corporation, licensed to do and doing business within the State 2 of California. 3 11. At all times herein mentioned, the Wells Fargo Bank, 4 trustee for The Taubman Company, Inc. , and its predecessors in 5 interest, The Taubman Company, Inc. , a Michigan corporation, 6 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 7 entities doing business in the State of California for the purpose 8 of owning placing, designing, building, leasing, managing and 9 maintaining the shopping mall known as defendant herein Sun Valley 10 Mall. 11 12. At all times herein mentioned defendants Sun Valley 12 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 13 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 14 through FORTY-FIVE and each of them, negligently, g carelessly 15 and recklessly designed, built and placed a shopping center and/or 16 store that attracts a great number of people on a heavily 17 trafficked air corridor,with known and foreseeable visibility 18 problems due to weather patterns in the vicinity of Buchanan 19 Field Airport in the City of Concord, County of Contra Costa, 20 State of California. Said defendants knew or should have known 21 that aircraft were likely to and did fly over their mall and/or 22 store, that weather patterns created specific hazards, and that 23 it was foreseeable that an aircraft might crash and/or collide 24 with said mall and/or store thereby injuring and/or killing patrons 25 on the premises. .. e LAZY 0..IC[,0.26 13 . On December 23, 1986 as a direct and proximate':result wAllcur,sNn6r.6ASTIAN, � f N[LODIX R[ur A 0*R[1LLY -4- A RRO19SSIONAL CORPORATION 1Nt IURTFORO BLOC.•307.FLOOR $SO CALIFORNIA STREET SRN FRANCISCO.CA 94106 14131 961.7210 I of the matters aforesaid, an aircraft on a missed approach crashed 2 and ,fell into the above described mall/store thereby injuring 3 plaintiffs as hereinafter set forth. 4 14 . At all times herein mentioned, defendants City of Concord 5 and the County of Contra Costa were, and are governmental entities. 6 15. Within 100 days of the accrual of the within cause 7 of action, written claims for damages setting forth the matters 8 herein alleged were duly and regularly presented to the County 9 of Contra Costa and to the City of Concord on behalf of plaintiffs 10 in accordance with the appropriate sections of the California 11 government code. Said claims have been denied. This claim is 12 timely filed in the time prescribed by law after the denial of 13 said claim. 14 16. At all times herein mentioned, the City of Concord, 15 and/or County of Contra Costa and DOES SEVENTY-ONE through 16 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 17 Field and/or the premises known as and developed as Sun Valley 18 Mall. Said field and mall were negligently and carelessly 19 developed, planned, designed, constructed, operated, maintained 20 and controlled by said public entities in a dangerous, defective 21 and hazardous condition in that, inter alfa, the airfield and 22 mall were located so close to one another that approach and 23 departure corridors overlapped the mall and that aircraft in 24 poor weather conditions would be forced to fly over the mall 25 on approaches and/or departures thereby exposing patrons at the CAW O..,CRf o.26 mall to the dangers posed by aircrafts malfunctioning on departure YYALRUP.SHELBY.BASTIAN. NELOOIA.KELLY 3 0•IIEILLY —5— A 5— A.ROFESSlONAL COR►dUTIOH HE HARIFOAO.RLOQ-JOIN FLOOR •SO CALIFORNIA STREET SAN FRANCISCO.CA 9&103 tAISI 931-72I0 I and/or landing. 2 ?--17. Plaintiff is informed and believes and upon such 3 information and belief alleges that at all times herein mentioned, 4 defendants and each of them knew or in the exercise of reasonable s care should have known of the. dangerous, deceptive and defective 6 conditions posed by the proximity of said airport and the Sun 7 Valley Mall. 8 18 . As a direct and proximate result of all of the aforesaid 9 negligence and carelessness, and of said dangerous, defective 10 and deceptive condition posed by Buchanan Field and/or Sun Valley 11 Mall and their proximity there was a reasonably foreseeable risk 12 that aircraft would crash and/or fall into Sun Valley Mall causing 13 others to sustain serious bodily injury or death, as the proximate 14 result of the negligence and carelessness and of said condition 15 of said airfield and mall. 16 19. At all times herein mentioned General Aviation Services 17 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 18 maintained, overhauled and oversaw the general airworthiness 19 of a certain Beechcraft Baron aircraft referred to above. 20 20. Plaintiffs are informed and believe and thereon allege 21 that at all times herein mentioned, James McGheehan, and DOES 22 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors , 23 lessees, or otherwise exercised maintenance or control over a 24 twin engine Beechcraft Baron aircraft referred to hereinabove. 25 21. Plaintiffs are informed and believe and thereon allege, lAw OFFICES OF 26 that at all times herein mentioned, James Mountain Graham, INALAU►.SHELBY.BASTIAN. MELODIA.KELLY A O'REILLT —L— A/ROFESSLONAL COR►ORJ1noN V It NdT1000 SLOG•TOTN TL0011 NO CALITORNIA STREET SAN FRANCISCO.CA 94108 14IS1 951-7210 I deceased, and DOE FIFTY-SIX were the pilot and operator of the 2 aforementioned .twin engine Beechcraft Baron aircraft. 3 22. Plaintiffs are informed and believe, and thereon allege 4 that at all times herein mentioned, James Mountain Graham, 5 deceased, and DOE FIFTY-SIX were piloting and operating the 6 aforementioned aircraft with the full knowledge, consent and 7 permission of defendants and each of them, and at all times herein 8 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 9 were acting within the course and scope of his employment, 10 independent contract or other relationship with defendants and 11 each of them. 12 23 . On, about or prior to December 23, 1985 defendants 13 and each of them, so negligently, carelessly and recklessly owned, 14 operated, repaired, maintained, overhauled, entrusted, navigated, 15 aviated and inspected the above mentioned Beechcraft Baron aircraft 16 so as to proximately cause it to fail, crash and fall into the 17 Sun Valley Shopping Mall on December 23, 1985 and proximately 18 thereby caused the injuries and damages hereinafter described. 19 24 . At all times herein mentioned DOES FIFTY-SEVEN through 20 SEVENTY were certain architects, designers and engineers the 21 exact identity of which is unknown to plaintiffs at this time 22 who pray leave to amend and insert said identities when the same 23 are finally determined. 24 Plaintiffs are informed and believe and upon such information 25 and belief allege that at all times herein mentioned defendants 26 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, .._or.Ic911 OF WALKUP.SN[[ei.BASTIAN. Mt1o014 KELLY&0•Qt1[lr —7— ..40r[SS1o4.1 Co4.o4IIno4 '.[.411"0110 It=•1014!10011 . 450C.1110441.STREETSAN,RANCISCO.CA 94100 141S/981.7210 I construction, location and building of the Sun Valley Mall 2 including its safety and escape features. 3 25. At all times herein mentioned, defendants DOES 4 FIFTY-SEVEN through SEVENTY were so negligent and careless in 5 or about the design, location, construction and building of the 6 Sun Valley Shopping Mall that said mall was in a dangerous and 7 defective condition in that it was poorly located, as previously 8 alleged; had inadequate fire fighting, escape and other safety 9 features necessary to protect patrons on or about the premises 10 in the event of fire or other emergency. 11 26. As a direct and proximate result of the negligence 12 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 13 of them as aforesaid plaintiffs suffered and sustained injuries 14 and damages as hereinafter set forth. 15 27. On or about December 23 , 1985 Sue Trice and Jared Trice 16 were patrons on or about the premises of R.H. Macy, Inc. located 17 within the Sun Valley Shopping Mall. As a direct and proximate 18 result of the negligence of each and every defendant as aforesaid 19 plaintiffs were caused to and did sustain permanent and life 20 threatening injuries including but not limited to multiple burns 21 about their bodies and injuries to the adjacent nerves, muscles 22 and ligaments and soft tissues, with resultant extreme pain, 23 suffering, scarring and disfigurement. Plaintiffs are informed 24 and beleive that certain of said injuries are permanent in nature, 25 the exact nature and extent of said permanent injuries being 26 at this time unknown to the plaintiffs. a.«o••c�s o► WALKUP.SHELBY.BASTIAN. N[LOOIA.KELLY&O*R[ILLY —8— •rRwtSS10"t CORPORAnoR :N[NAATFOAO RLDQ•70TH FLOOR •SO CALIFORNIA STREET SAN FRANCISCO.CA 94108 44151 981.7210 1 28. By reason of the premises, it became necessary for 2 plai-stiffs to incur expenses for the care and treatment of 3 plaintiffs Sue Trice and of the minor plaintiff Jared Trice for 4 doctors, hospitals, x-ray technicians and other services and 5 incidental expenses. Plaintiffs ' damage in this respect is 6 presently unascertained as said services are still continuing, 7 and plaintiffs will seek leave to insert the elements of damage 8 in this respect when the same are finally determined. 9 29. As a direct and proximate result of all of the aforesaid 10 acts and omissions, negligence and carelessness, the aforementioned 11 aircraft crashed into the Sun Valley Mall on December 23 , 1985, 12 resulting in the injuries of plaintiffs Sue Trice and Jared Trice. 13 WHEREFORE, plaintiffs pray judgment against defendants as 14 hereinafter set forth. 15 SECOND CAUSE OF ACTION (Strict Products Liability) 16 Plaintiffs complain of defendants, and each of them, and 17 for a Second Cause of Action allege: 18 30 . Plaintiffs refer to, reallege and incorporate by 19 reference as though fully set forth herein each and every 20 allegation contained in their First Cause of Action. 21 31. At all times herein mentioned the aforesaid Beechcraft 22 Baron aircraft, and its component parts were defective and unsafe 23 for their intended purpose by reason of defects in design and 24 manufacture. 25 32. The defects in design or manufacture of the foregoing ....o..,«,0.26 aircraft which was designed and/or manufactured by defendants, VAIRUP.SHELBY.BASTIAN. 1(1O01A.RELLY 8 O91(ILLY —9— PROFESSIONAL CORPORATION 7 1(NARTr ORO.LOG•)OT"FLOOR ASO CALWORNIA STREET SAN T"CISCO.CA 94108 14151 98b7210 1 and each of them, caused said aircraft to crash and thereby 2 proximately caused injury to plaintiffs as aforesaid for which 3 defendants, and each of them, are strictly liable in tort. 4 WHEREFORE, plaintiffs pray judgment against defendants, 5 and each of them, as hereinafter set forth. 6 THIRD CAUSE OF ACTION (Premises Liability) 7 Plaintiffs complain of defendants, and each of them, and 6 for a Third Cause of Action, allege: 9 33 . Plaintiffs refer to, reallege and incorporate by 10 reference as though fully set forth herein each and every 11 allegation contained in their First Cause of Action. 12 34 . Defendants, and each of them, designed, developed, 13 located, built, leased, owned, managed, maintained, and held 14 open for use by the public certain premises, including certain 15 retail stores including R.H. Macy, Inc. , and the various DOE 16 defendants previously described, DOES SEVENTY-FIVE through ONE 17 HUNDRED, Sun Valley Mall, and Buchanan Field. 18 35. At all times herein mentioned the aforesaid Sun Valley 19 _ Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 20 Field were defective, dangerous and unsafe and posed an 21 unreasonable risk of harm to those persons utilizing said premises 22 for lawful business and non-business purposes. 23 36. The defects and dangerous conditions of the premises, 24 in design, manufacture, construction and/or location and placement 25 of the foregoing mall, stores, and air field which was designed, 26 manufactured, constructed, built and located by defendants, and LAM O.FICRR OP WALKUP.SHELBY.BASTIAN. M[LODIA.KELLY A O'REILLY _10- 11 PROFESSIONAL CORPORATION 0,NARTFCRO BLDG•3010 FLOOR ' RSO CALIFORNIA STA[[T SAN FRANCISCO.CA 9410@ 14151 9817210 I each of them, proximately caused the injuries to plaintiffs as 2 afor4 ,said. 3 WHEREFORE, plaintiffs complain of defendants, and each of 4 them, as hereinafter set forth. 5 FOURTH CAUSE OF ACTION (Loss of Consortium) 6 Plaintiffs complain of defendants, and each of them, and 7 for a Fourth Cause of Action allege as follows: 8 37. Plaintiffs by this reference incorporate and make part 9 hereof as if set forth at length, all of the allegations of the 10 First, Second and Third Causes of Action. 11 38 . At all times herein mentioned, plaintiffs Sue Trice 12 and Jim Trice were husband and wife. 13 39. As a direct and proximate result of the matters 14 aforesaid, plaintiff Jim Trice suffered the loss of care, comfort, 15 society, sexual relations and services, and all other elements 16 of consortium, to his general and special damages. 17 WHEREFORE, plaintiffs pray judgment against defendants, 18 and each of them, jointly and severally as follows: 19 1 . For general damages that may be proved; 20 2 . For special damages that may be proved; 21 3 . For prejudgment interest as permitted by law; 22 4 . For costs of suit; and 23 5. For such other and further relief as the Co.0 rt may deem 24 proper. 25 DATED: WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & 'REILLY 26 LAW OIIICSS O/ BY WALKUP.SHELBY.BASTIAN• N[LO01A.KELLY A O•R[ILLY JUDITH J. N' CHLER A PROY[SSIOHAL CORroT10 RAH RALPH W. BASTIAN 'H[NARTTORO SLOG•30tH 1`10011 , JR. 930CALITORNIA STREET DANIEL DELL'OSSO SAN,RANCISCO.CA 94106 44151 961.7210 11 ` I ACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony Md } MAWS SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen., Pat Lewis, Mack,?.-- Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David _ .n .a.L 1 ilt'1LL I.fCAJtl Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, Fh'U Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 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: Unspecified Section 913 and 915.4. Please note ,all "Warnings". CLAIMANT: MACY' S CALIFORNIA/BUCHANAN FIELD AIRPORT (OLIVER) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. , #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30, 1987 BY MAIL POSTMARKED: March 27, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 30, 1987 Jy1L ATCHELOR, Clerk DATED: BY: Deputy L. Hall II. 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 910.6). ( ) 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: 10 /9 BY: cam_ c _. `� 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. APR 2 8 1987V_� 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. 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: APR 2 9 1987 BY: PHIL BATCHELOR by W4�y/__,teputy Clerk CC: County Counsel County Administrator T0: BOARD OF 'SUPERVISORS OF CONTRA C0§T A. rRWWapplicaflonto: Instructions to ClaimantVerk of the Board V.., f/io6 Martinez,Califomia 94553 A. 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 -eause 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 , California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps Macy ' s California ) RECEIVED ) Against the COUNTY OF CONTRA COSTA) MAR_:�) 1N1 BUCHANAN FIELD AIRPORT ) or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �. When did the damage or in3ury occur? Give exact date and hour] . December 23, '1985,, at approximately- 8 : 30 p.m. Macy' s was served with . a lawsuit by plaintiffs Oliver on January 26 , 1987 , and Macy' s cause of action for indemnity arose on that date. �. Where aid tie damage or_ in3ury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. �r------ T-T--------�----- --- - -----T --- 3. How did the damage or injury occur? (Give Tull details, use ext-ra } sheets if required) See attached Page 1. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants 'or`1 employees causing the damage or injury? unknown at this time 6. What damage or injuries do you claim resulted? ZGive full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. ------------------------------------------------------------------------- 6. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . 37-L-1; the expenditures you made on account of this accident or injury: - IMM'E"'"N"""""' ITEM AMOUNT ,.. .,, p. Dnp. 0-4v.L�Y,)3 .��r ed and is incurring substantial investigative defense costs , i cluding attorneys fees and further may be: subject Fto,-..t4e pa,y;n nt o damages to injured parties and Macy's seeks incde tnifitwzion or all such damages . 4"142 A7c!i.!Aft?N•:, Govt. Code Sec. 910.2 provides: "The claim signed by claimant SEND NOTICES TO: (Attorney) orb some/ person/6 is ehalf. " Name and Address of Attorney ( � Daniel M. Crawford, Esq. Claimant ,! i ure Carroll , Burdick & McDonough : Macy 's Ca if rni One Ecker Bldg. , Suite 400 Addr San Francisco, CA 94105 P. 0. Box Telephone No. 415/495-0500 San Francisco, CA 94120 Tele p Telephone No- 4.15/954-6014 Attn: William H. King, Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3'. A . Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall. Brian W. Oliver was a passenger who was killed in the aircrash. The parents of Brian W. Oliver are claiming damages as set forth in their complaint filed on September 11, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, funeral and burial expenses, prejudgment interest, costs of suit, and such other and further relief as is deemed proper. See Exhibit A attached. Macy' s claim is for complete and/or partial indemnity of any recovery against Macy's by the parents of Brian W. Oliver claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl.Oli 1 L E LAW OFFICES Of 0 1 WALKUP. SHELBY. BASTIAN. MELODIA SEP 1986 KELLY & O'REILLY 2 A PROFESSIONAL CORPORATION 1 P. OLM, Co" M� OSO CALIFORNIA STREET COMPMP�pG�QWAA C ems' Y 3 SAN FRANCISCO. CALIFORNIA 94109 TELEpNONE (416) 991.7210 4 5 ATInRNEY$ FOR PLAINTIFF 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 ROBERT and NANCY OLIVER, ) NO. 2 g p S 7 7 10 Plaintiffs, ) COMPLAINT FOR DAMAGES (Wrongful Death) 11 VS. ) 12 THE BEECH AIRCRAFT CORPORATION, ) GENERAL AVIATION SERVICES, ) 13 JAMES McGHEEHAN, THE ESTATE OF ) JAMES MOUNTAIN GRAHAM, THE SUN ) 14 VALLEY SHOPPING MALL, R.H. MACY) INC. , THE TAUBMAN COMPANY, INC. ) 15 WELLS FARGO BANK, as trustee of ) THE TAUBMAN COMPANY, INC. , ) 16 CITY OF CONCORD, COUNTY OF ) CONTRA COSTA, DOES ONE through ) 17 THREE HUNDRED, inclusive, ) 18 Defendants. ) 19 20 FIRST CAUSE OF ACTION (Negligence) 21 Plaintiffs complain of defendants, and each of them, and 22 for a First Cause of Action allege : 23 1. The true names or capacities, whether individual, 24 corporate, governmental or associate of the defendants named 25 herein as DOE are unknown to plaintiffs who therefore sue said 26 defendants by such fictitious names. Plaintiffs pray leave to LJ:�:Jit I amend this complaint to show their true names and capacities 2 when,:-the same have been finally determined. 3 Plaintiffs are informed and believe and, upon such information .. 4 and belief, allege that each of the defendants designated herein 5 as DOE is negligently or otherwise legally responsible in some 6 manner for the events and happenings herein referred to, and 7 negligently or otherwise caused injury and damages proximately 8 thereby to plaintiffs, as is hereinafter alleged. 9 2. At all times herein mentioned, each and every of the 10 defendants herein was the agent, servant, partner, employee, 11 joint venturer and franchisee of each of the remaining defendants, 12 and at all times acting within the course and scope of said agency, 13 service, partnership, employment, joint venture and franchise 14 and each defendant has ratified and approved the acts of the 15 remaining defendants . 16 3 . Plaintiffs Robert Oliver and Nancy Oliver are the 17 surviving parents of Brian W. Oliver, deceased. Said plaintiffs 18 constitute all the heirs at law of Brian W. Oliver. 19 4 . At all times herein mentioned, defendant Beech Aircraft 20 Corporation was a Kansas corporation doing business in the State 21 of California. 22 5. At all times herein mentioned DOES ONE through FIVE 23 were engine manufacturers licensed to do and doing business within 24 the State of California. 25 6. At all times herein mentioned, DOES SIX through TWENTY LAW orncKs o•26 were instrument or other component manufacturers licensed to WALKUP.SHELBY.BASTIAN. w(LOD1A:KELLY B O'KEILLT A vaorESSIOhAL CORPORATION 2 -t HARIFORO BLDG•101e FLOOR •SOCAVICIINIA STPEET `AN(RANCISCO CA 9.108 UIS) 981 7210 I do and doing business within the State of California. 2 7. At all times herein mentioned defendants Beech Aircraft 3 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 4 designed, processed, constructed, manufactured, assembled, 5 prepared, selected materials , parts and components, represented 6 to tests and inspect, manage, maintain, repair, service, own 7 and sold a certain twin engine aircraft known as the Beechcraft 8 Baron. 9 8. At all times herein mentioned, defendants and each of 10 them so negligently and carelessly designed, processed, 11 constructed, manufactured, assembled, prepared, selected materials, 12 parts and components, represented to tests and inspect, manage, 13 maintained, repaired, serviced, owned, leased and sold said 14 aircraft and its component parts so as to cause said aircraft 15 on December 23 , 1985 to fall and crash into R.H. Macy' s, Inc. ' s 16 store in the Sun Valley Mall in Concord, California thereby killing 17 Brian W. Oliver. 18 9 . At all times herein mentioned defendants Sun Valley 19 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 20 and each of them, were business entities the exact form and nature 21 of which are unknown to plaintiffs who pray leave to amend and 22 insert the same when they are ascertained, but which business 23 entities were at all times doing business within the State of 24 California. 25 10 . At all times herein mentioned R.H. Macy, Inc. was a 26 corporation, licensed to do and doing business within the State .AW OPP1C4s OF WALKUP.SN[LBT,BASTIAN. _ M[LOOIA.KELLY E O-R[ILLY —3 A PROFESS,OVAL CORPORATION 'w,MARTFGRO BLDG•)0TH FLOOR 450 CALIFORNIA STREET SAN FRANCISCO CA 9410E 44151 981 7210 I of California. 2 11. At all times herein mentioned, the Wells Fargo Bank, 3 trustee for The Taubman Company, Inc. , and its predecessors in 4 interest, The Taubman Company, Inc. , a Michigan corporation, 5 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 6 entities doing business in the State of California for the purpose 7 of owning, placing, designing, building, leasing, managing and 8 maintaining the shopping mall known as defendant herein Sun Valley 9 Mall. 10 12 . At all times herein mentioned defendants Sun Valley 11 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 12 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 13 through FORTY-FIVE and each of them, negligently, carelessly 14 and recklessly designed, built and placed a shopping center and/or 15 store that attracts a great number of people on a heavily 16 trafficked air corridor,with known and foreseeable visibility 17 problems due to weather patterns in the vicinity of Buchanan 18 Field Airport in the City of Concord, County of Contra Costa, 19 State of California. Said defendants knew or should have known 20 that aircraft were likely to and did fly over their mall and/or 21 store, that weather patterns created specific hazards, and that 22 it was foreseeable that an aircraft might crash and/or collide 23 with said mall and/or store thereby injuring and/or killing patrons 24 on the premises. 25 13 . On December 23 , 1986 as a direct and proximate result 26 of the matters aforesaid, an aircraft on a missed approach crashed LAW 0.F1CKf OF A_ WALKup.SHELBY.BASTIAN, -Y YELODIA.KELLY S O-REILLY •PROF[SS,ONAL CORPORATION 'r[NAQIFCPD OLOG•]OI•FLOOR ESO CAUFORNM STREET SAN FR AnCKCO CA 94I08 u151 9B1 7210 I and fell into the above described mall/store thereby injuring 2 plaintiffs as hereinafter set forth. J-• 3 14 . At all times herein mentioned, defendants City of Concord 4 and the County of Contra Costa were, and are governmental entities. 5 15 . Within 100 days of the accrual of the within cause 6 of action, written claims for damages setting forth the matters 7 herein alleged were duly and regularly presented to the County g of Contra Costa and to the City of Concord on behalf of plaintiffs 9 in accordance with the appropriate sections of the California 10 government code. Said claims have been denied. This claim is 11 timely filed in the time prescribed by law after the denial of 12 said claim. 13 16 . At all times herein mentioned, the City of Concord, 14 and/or County of Contra Costa and DOES SEVENTY-ONE through 15 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 16 Field and/or the premises known as and developed as Sun Valley 17 Mall. Said field and mall were negligently and carelessly 18 developed, planned, designed, constructed, operated, maintained 19 and controlled by said public entities in a dangerous, defective 20 and hazardous condition in that, inter alfa, the airfield and 21 mall were located so close to one another that approach and 22 departure corridors overlapped the mall and that aircraft in 23 poor weather conditions would be forced to fly over the mall 24 on approaches and/or departures thereby exposing patrons at the 25 mall to the dangers posed by aircrafts malfunctioning on departure 26 and/or landing. LAw OIIKES O/ WALKUP.SHELBY.BASTIAN, -5- MELODIA KELLY&O•REILLY •PQOFE SS•ONAL CORRORAT.ON •�[ -Q11 CRD BLDG-70TH FLOOR $SO CAL-FOR%*A STREET ' SAN FRA%CISCO, CA 94108 14151 981 7210 1 17. Plaintiff is informed and believes and upon such 2 information and belief alleges that at all times herein mentioned, 1-- 3 defendants and each of them knew or in the exercise of reasonable 4 care should have known of the dangerous, deceptive and defective 5 conditions posed by the proximity of said airport and the Sun 6 Valley Mall. 7 18 . As a direct and proximate result of all of the aforesaid 8 negligence and carelessness, and of said dangerous, defective 9 and deceptive condition posed by Buchanan Field and/or Sun Valley 10 Mall and their proximity there was a reasonably foreseeable risk 11 that aircraft would crash and/or fall into Sun Valley Mall causing 12 others to sustain serious bodily injury or death, as the proximate 13 result of the negligence and carelessness and of said condition 14 of said airfield and mall. 15 19. At all times herein mentioned General Aviation Services 16 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 17 maintained, overhauled and oversaw the general airworthiness 18 of a certain Beechcraft Baron aircraft referred to above. 19 20. Plaintiffs are informed and believe and thereon allege 20 that at all times herein mentioned, James McGheehan, and DOES 21 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 22 lessees, or otherwise exercised maintenance or control over a 23 twin engine Beechcraft Baron aircraft referred to hereinabove. 24 21. Plaintiffs are informed and believe and thereon allege, 25 that -at all times herein mentioned, James Mountain Graham, LAW O//K[S Or 6 deceased, and DOE FIFTY-SIX were the pilot and operator of the WALKUP.SHELBY.BASTIAN. MELO01A.KELLY!O'REILLY — _ A PROFESS.ONAL CORPORATION 'nE w RTFCRD SLOG•301-FLOOR 650 CALIFORN'A STREET SAN FRANCISCO CA 94108 14151 gal 7210 I aforementioned twin engine Beechcraft Baron aircraft. 2 22. Plaintiffs are informed and believe, and thereon allege 3 that at all times herein mentioned, James Mountain Graham, 4 deceased, and DOE FIFTY-SIX were piloting and operating the 5 aforementioned aircraft with the full knowledge, consent and 6 permission of defendants and each of them, and at all times herein 7 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 8 were acting within the course and scope of his employment, 9 independent contract or other relationship with defendants and 10 each of them. 11 23 . On, about or prior to December 23 , 1985 defendants 12 and each of them, so negligently, carelessly and recklessly owned, 13 operated, repaired, maintained, overhauled, entrusted, navigated, 14 aviated and inspected the above mentioned Beechcraft Baron aircraft 15 so as to proximately cause it to fail, crash and fall into the 16 Sun Valley Shopping Mall on December 23 , 1985 and proximately 17 thereby caused the injuries and damages hereinafter described. 18 24 . At all times herein mentioned DOES FIFTY-SEVEN through 19 SEVENTY were certain architects, designers and engineers the 20 exact identity of which is unknown to plaintiffs at this time 21 who pray leave to amend and insert said identities when the same 22 are finally determined. 23 Plaintiffs are informed and believe and upon such information 24 and belief allege that at all times herein mentioned defendants 25 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, LAW oYnc6s Of 6 construction, location and building of the Sun Valley Mall WALKUP.SNELSY.EASTIAN. MELODIA KELLY E O'REILLY -7- A 7- A PROFESSIONAL CORPORATION •.I.ARTFCRO SLOG•70Tw FLOOR 6S0 CAVFORN'A STREET SAN FRA%CISCO CA 9410E 44151 981 7210 I including its safety and escape features . 2 ,_25. At all times herein mentioned, defendants DOES 3 FIFTY-SEVEN through SEVENTY were so negligent and careless in 4 or about the design, location, construction and building of the 5 Sun Valley Shopping Mall that. said mall was in a dangerous and 6 defective condition in that it was poorly located, as previously 7 alleged; had inadequate fire fighting, escape and other safety 8 features necessary to protect patrons on or about the premises 9 in the event of fire or other emergency. 10 26. As a direct and proximate result of the negligence 11 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 12 of them as aforesaid plaintiffs suffered and sustained injuries 13 and damages as hereinafter set forth. 14 27 . On or about December 23 , 1985 Brian W. Oliver was a 15 I passenger in the aforementioned aircraft. 16 28. As a direct and proximate result of all of the aforesaid 17 acts and omissions, negligence and carelessness, the aforementioned 18 aircraft crashed into the Sun Valley Mall on December 23, 1985 , 19 resulting in the death of plaintiffs ' decedent. 20 29 . At all times herein mentioned, Robert Oliver and Nancy 21Oliver were the parents of Brian W. Oliver, deceased. By reason 22 of the death of Brian W. Oliver, deceased, plaintiffs ' decedent, 23 plaintiffs have been permanently deprived of their son and of 24 his love, care, comfort, companionship, services, society, 25 affection, instruction, advice, guidance, protection, counsel, LAW Q.FIC.S OF 26 WALKUP SHELBY.BASTIAN. NCLO01A KELLY 0 O-PEILLY —9 Q ..:•f•rSCA:CGaoCPKhrq — E50 C•: :°rSiPCf) L A✓.fP.SC SCO CA 941CS u151 9111)210 I support and contributions and said plaintiffs have been damaged 2 according to proof. 3 30 . By reason of the death of Brian W. Oliver, plaintiffs 4 incurred funeral and burial expenses in memory of and for 5 plaintiffs ' decedent in an amount that will be determined at 6 time of trial. 7 WHEREFORE, plaintiffs pray judgment against defendants as 8 hereinafter set forth. 9 SECOND CAUSE OF ACTION (Strict Products Liability) 10 Plaintiff complains of defendants, and each of them, and 11 for a Second Cause of Action alleges : 12 31 . Plaintiff refers to, reallege and incorporate by 13 reference as though fully set forth herein each and every 14 allegation contained in their First Cause of Action. 15 32 . At all times herein mentioned the aforesaid Beechcraft 16 Baron aircraft, and its component parts were defective and unsafe 17 for their intended purpose by reason of defects in design and 18 manufacture. 19 33 . The defects in design or manufacture of the foregoing 20 aircraft which was designed and/or manufactured by defendants, 21 and each of them, caused said aircraft to crash and thereby 22 proximately caused injury to plaintiff as aforesaid for which 23 defendants, and each of them, are strictly liable in tort. 24 WHEREFORE, plaintiff prays judgment against defendants, 25 and each of them, as hereinafter set forth. 26 L.w OII1C(s O• 'NALKUP.SMCLBT.BASTIAN. -1 O MILOOIA KELLY A O•NULLT 1 CROf(SS.ONAL CORPORATION •«(«ARTrCR0810G•701.(LOCA 450 CAVTCD%'A STRICT SAN(RA%CISCO CA 9410E 14151 9817210 I THIRD CAUSE OF ACTION (Premises Liability) 2 Plaintiff complains of defendants, and each of them, and 3 for a Third Cause of Action, alleges : 4 34 . Plaintiff refers to, reallege and incorporate by 5 reference as though fully set forth herein each and every 6 allegation contained in their First Cause of Action. 7 35 . Defendants, and each of them, designed, developed, 8 located, built, leased, owned, managed, maintained, and held 9 open for use by the public certain premises, including certain 10 retail stores including R.H. Macy, Inc. , and the various DOE 11 defendants previously described, DOES SEVENTY-FIVE through ONE 12 HUNDRED, Sun Valley Mall, and Buchanan Field. 13 36. At all times herein mentioned the aforesaid Sun Valley 14 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 15 Field were defective, dangerous and unsafe and posed an 16 unreasonable risk of harm to those persons utilizing said premises 17 for lawful business and non-business purposes. 18 37 . The defects and dangerous conditions of the premises, 19 in design, manufacture, construction and/or location and placement 20 of the foregoing mall, stores, and air field which was designed, 21 manufactured, constructed, built and located by defendants, and 22 each of them, proximately caused the injuries to plaintiff as 23 aforesaid. 24 WHEREFORE, plaintiff prays judgment against defendants, 25 and each of them, jointly and severally as follows : LAW oFnc[s 00'26 1 . For general damages that may be proved; WALKUP.SHELBY.BASTIAN. MELODIA KELLY d O*REILLT -11- •PaCTESSIONAL COMMATION •r(..RTFCAO OLCG•70TM/LOOK 650 CALIFORWA STREET SAN FRA�CPSCO CA 94108 u151 981 7210 . c 1 2. For special damages that may be proved; 2 J-3 . For funeral and burial expenses according to proof; 3 4 . For prejudgment interest as permitted by law; , 4 5. For costs of suit; and 5 6 . For such other and further relief as the Court may deem 6 proper. 7 DATED: September 10 , 1986 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & O(REILLY 8 BY /p/, 9 RALPH W. BA TIAN, . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ..w O...CKs 0. N.LKUP,SHELBY.BASTIAN. —12- -4ELODI• KELLY s VREILLT ..Or(SS'O%•L COR.CR.*-ON .(...'r CRO SLOG•)Or«(LOCK 650 C.LIOCRNIA STREET rRKtiP5C0 CA 94108 ,.1s, 281..,210 I ACY'S SUN VALLEY ?TALL CRASH J Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph • t Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern .Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony c t �MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis; Mackr_, Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plouman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David + � r Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward • t Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, nU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 7 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA (OLIVER) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30 , 1987 BY MAIL POSTMARKED: March 27 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 30 , 1987 PPHH1L ATCHELOR, Clerk DATED: BY: DeputyZG L. Hall 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's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: T— gj BY: --B�puty 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: APR 2 8 1987 PHIL BATCHELOR, Clerk, By Gc ,� , 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. 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: APR 2 9 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator T0: BEARD OF SUPERVISORS OF CONTRA CON*QYapplication to: Instructions to ClaimantC!erk of the Board &erl P,., e J " A"/0 C Martinez,California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reser !!� g stamps Macy's California ) .Lr.Si�.+G1 Y F,� ) MAR `)1987 Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �.- When did the damage or in3ury occur? (Give exact date and hour] _ December 23, 1985, at approximately 8 :30 p.m. Macy' s was served with . a lawsuit by plaintiffs Oliver on _ January 26, 1987, and Macy' s cause of action for indemnity arose on that date. o�.�-..o T• o---�-"----T-�------�---�o-0000-�.---�--o..�oos-oo�-�-�.�� �.- Where did-the damage or- in3ury occuz? (Include city and county) Sunvalley Shopping Center, City of Concord, County of C Contra Costa. 3. How did the damage or injury occur? (Giveul� details, use extra sheets if required) See attached Page 1. 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. 'What are the names of county or district: officers, servants or— employees causing the damage or injury? Unknown at this time 6. What damage or injuries do you claim resulted? -Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity . The amount of damages will be determined by the injured parties ' recovery against this claimant. 8. Names and addresses of -------------------------------------------------------------------------- witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convering the accident list potential witnesses . 9.- Fde;,q�ise- na1Lu es you-made on account Of this-accident or-injury:'J_:/13ITEM AMOUNT s has incur ed and is incurring substantial investigative cps�ts , i cluding attorneys fees and further may be. subject to "the pa�yrtint o damages to injured parties and Macy's seeks ind�rm,prfiP�ation or all such damages . at3lt`Yka'- $0:a.:4k;itf`s FS;i Govt. Code Sec. 910.2 provides: "The claim signed bye the claimant SEND NOTICES TO: (Attorney) or some ers is ehalf. " /X Name and Address of Attorney " Daniel M. Crawford, Esq. Claimant ig for; Macy 's Carnia Carroll, Burdick & McDonough l f One Ecker Bldg. , Suite 400 Addr� 8 San Francisco, CA 94105 P. O. Box Telephone No. 415/495-0500 San Telephone No Francisco, A 94120 P 4151954-6014 Attn: William H. King, Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3-. A Beechcraft Baron aircraft crashed into the roof of Sunvalley Stropping Center, killing the pilot and passengers and injuring shoppers in the mall . Brian W. Oliver was a passenger who was killed in the aircrash. The parents of Brian W. Oliver are claiming damages as set forth in their complaint filed on September 11, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, funeral and burial expenses, prejudgment interest, costs of suit, and such other and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and/or partial indemnity of any recovery against Macy's by the parents of Brian W. Oliver claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl .Oli 1 L E LAW OFFICES OF F D 1 WALKUP, SHELBY, BASTIAN. MELODIA SEP 1986 KELLY & O'REILLY 2 A PROFESSIONAL CORPORATION A R /N(1(�A� Co" • �/COtQRA�fDIIVA�/COLOY{II'L' ftl 650 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 �� �+►��` TELEPHONE (415) 981-7210 4 5 ATTORNEYS FOR PLAINTIFF 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 ROBERT and NANCY OLIVER, ) NO. 290977 10 Plaintiffs, ) COMPLAINT FOR DAMAGES (Wrongful Death) 11 VS. ) 12 THE BEECH AIRCRAFT CORPORATION, ) GENERAL AVIATION SERVICES, ) 13 JAMES McGHEEHAN, THE ESTATE OF ) JAMES MOUNTAIN GRAHAM, THE SUN ) 14 VALLEY SHOPPING MALL, R.H. MACY) INC. , THE TAUBMAN COMPANY, INC. ) 15 WELLS FARGO BANK, as trustee of ) THE TAUBMAN COMPANY, INC. , ) 16 CITY OF CONCORD, COUNTY OF ) CONTRA COSTA, DOES ONE through ) 17 THREE HUNDRED, inclusive, ) 18 Defendants. ) 19 20 FIRST CAUSE OF ACTION (Negligence) 21 Plaintiffs complain of defendants, and each of them, and 22 for a First Cause of Action allege: 23 1. The true names or capacities, whether individual, 24 corporate, governmental or associate of the defendants named 25 herein as DOE are unknown to plaintiffs who therefore sue said 26 defendants by such fictitious names. Plaintiffs pray leave to EX : I amend this complaint to show their true names and capacities 2when.the same have been finally determined. 3 Plaintiffs are informed and believe and, upon such information 4 and belief , allege that each of the defendants designated herein 5 as DOE is negligently or otherwise legally responsible in some 6 manner for the events and happenings herein referred to, and 7 negligently or otherwise caused injury and damages proximately 8 thereby to plaintiffs, as is hereinafter alleged. 9 2 . At all times herein mentioned, each and every of the 10 defendants herein was the agent, servant, partner, employee, 11 joint venturer and franchisee of each of the remaining defendants, 12 and at all times acting within the course and scope of said agency, 13 service, partnership, employment, joint venture and franchise 14 and each defendant has ratified and approved the acts of the 15 remaining defendants. 16 3. Plaintiffs Robert Oliver and Nancy Oliver are the 17 surviving parents of Brian W. Oliver, deceased. Said plaintiffs 18 constitute all the heirs at law of Brian W. Oliver. 19 4 . At all times herein mentioned, defendant Beech Aircraft 20 Corporation was a Kansas corporation doing business in the State 21 of California. 22 5. At all times herein mentioned DOES ONE through FIVE 23 were engine manufacturers licensed to do and doing business within 24 the State of California. 25 6. At all times herein mentioned, DOES SIX through TWENTY LAW OFFICES Or 26 were instrument or other component manufacturers licensed to *ALKUI.SMEL61.BASTIAN. WELOOIA.KELLY At O-REILLY A P-O't SS'ONaL CCR►O0400N 2 •E NAR/FORD BLDG•307.FLOOR LSOCALF CRNu STREET SAN FRANCISCO CA 94106 141ST 9BI 7210 I do and doing business within the State of California. 2 7. At all times herein mentioned defendants Beech Aircraft 3 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 4 designed, processed, constructed, manufactured, assembled, 5 prepared, selected materials, parts and components, represented 6 to tests and inspect, manage, maintain, repair, service, own 7 and sold a certain twin engine aircraft known as the Beechcraft 8 Baron. 9 8 . At all times herein mentioned, defendants and each of 10 them so negligently and carelessly designed, processed, 11 constructed, manufactured, assembled, prepared, selected materials, 12 parts and components , represented to tests and inspect, manage, 13 maintained, repaired, serviced, owned, leased and sold said 14 aircraft and its component parts so as to cause said aircraft 15 on December 23 , 1985 to fall and crash into R.H. Macy' s, Inc. ' s 16 store in the Sun Valley Mall in Concord, California thereby killing 17 Brian W. Oliver. 18 9 . At all times herein mentioned defendants Sun Valley 19 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 20 and each of them, were business entities the exact form and nature 21 of which are unknown to plaintiffs who pray leave to amend and 22 insert the same when they are ascertained, but which business 23 entities were at all times doing business within the State of 24 California. 25 10. At all times herein mentioned R.H. Macy, Inc. was a 26 corporation, licensed to do and doing business within the State LAW OY/IC64 0► WALKUP.SHELBY,BASTIAN, -3- NELOOIA.KELLY IIIO'REILLY PROFESSIONAL CORPORATION •�E NARTFOA0 BLDG-331-FLOOR 650 CALIFORNIA StAEET SAN FRANCISCO CA 94108 14151 981 7210 I of California. 2 X11 . At all times herein mentioned, the Wells Fargo Bank, 3 trustee for The Taubman Company, Inc. , and its predecessors in 4 interest, The Taubman Company, Inc. , a Michigan corporation, 5 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 6 entities doing business in the State of California for the purpose 7 of owning, placing, designing, building, leasing, managing and 8 maintaining the shopping mall known as defendant herein Sun Valley 9 Mall. 10 12. At all times herein mentioned defendants Sun Valley 11 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 12 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 13 through FORTY-FIVE and each of them, negligently, carelessly 14 and recklessly designed, built and placed a shopping center and/or 15 store that attracts a great number of people on a heavily 16 trafficked air corridor,with known and foreseeable visibility 17 problems due to weather patterns in the vicinity of Buchanan 18 Field Airport in the City of Concord, County of Contra Costa, 19 State of California. Said defendants knew or should have known 20 that aircraft were likely to and did fly over their mall and/or 21 store, that weather patterns created specific hazards, and that 22 it was foreseeable that an aircraft might crash and/or collide 23 with said mall and/or store thereby injuring and/or killing patrons 24 on the premises. 25 13 . On December 23, 1986 as a direct and proximate result 26 of the matters aforesaid, an aircraft on a missed approach crashed OFFIC"S O. -4- INAMP'.SMEter.BASTIAN. MELODIA.KELLr A O'REILLY 4 PROr[SSIONAL CORPORA710N •r[«AQTVCRD.LDG•107•FLOOR !SO CALIFORNIA SIAM SAN FRANUSCO CA 94100 14151 981 1210 I and fell into the above described mall/store thereby injuring 2 plaintiffs as hereinafter set forth. 3 14 . At all times herein mentioned, defendants City of Concord 4 and the County of Contra Costa were, and are governmental entities. 5 15. Within 100 days of the accrual of the within cause 6 of action, written claims for damages setting forth the matters 7 herein alleged were duly and regularly presented to the County 8 of Contra Costa and to the City of Concord on behalf of plaintiffs 9 in accordance with the appropriate sections of the California 10 government code. Said claims have been denied. This claim is 11 timely filed in the time prescribed by law after the denial of 12 said claim. 13 16 . At all times herein mentioned, the City of Concord, 14 and/or County of Contra Costa and DOES SEVENTY-ONE through 15 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 16 Field and/or the premises known as and developed as Sun Valley 17 Mall. Said field and mall were negligently and carelessly 18 developed, planned, designed, constructed, operated, maintained 19 and controlled by said public entities in a dangerous, defective 20 and hazardous condition in that, inter alia, the airfield and 21 mall were located so close to one another that approach and 22 departure corridors overlapped the mall and that aircraft in 23 poor weather conditions would be forced to fly over the mall 24 on approaches and/or departures thereby exposing patrons at the 25 mall to the dangers posed by aircrafts malfunctioning on departure 26 and/or landing. LAW o//ICCs or WALKUP.SHELBY.BASTIAN. _ MELOOIA.KELLY S O'REILLY —5 A PROt(SSIONAL CORPORATION •r(NARTFCRD BLDG•50TH FLOCR 650 CALI(ORS'A STREET SAN ERA%CISCO CA 96108 115) 9dI 7210 1 17 . Plaintiff is informed and believes and upon such 2 inforJmation and belief alleges that at all times herein mentioned, 3 defendants and each of them knew or in the exercise of reasonable 4 care should have known of the dangerous, deceptive and defective 5 conditions posed by the proximity of said airport and the Sun 6 Valley Mall. 7 18. As a direct and proximate result of all of the aforesaid 8 negligence and carelessness, and of said dangerous, defective 9 and deceptive condition posed by Buchanan Field and/or Sun Valley 10 Mall and their proximity there was a reasonably foreseeable risk 11 that aircraft would crash and/or fall into Sun Valley Mall causing 12 others to sustain serious bodily injury or death, as the proximate 13 result of the negligence and carelessness and of said condition 14 of said airfield and mall. 15 19 . At all times herein mentioned General Aviation Services 16 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 17 maintained, overhauled and oversaw the general airworthiness 18 of a certain Beechcraft Baron aircraft referred to above. 19 20. Plaintiffs are informed and believe and thereon allege 20 that at all times herein mentioned, James McGheehan, and DOES 21 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 22 lessees, or otherwise exercised maintenance or control over a 23 twin engine Beechcraft Baron aircraft referred to hereinabove. 24 21. Plaintiffs are informed and believe and thereon allege, 25 that 'at all times herein mentioned, James Mountain Graham, LAw OFFICES OF 6 deceased, and DOE FIFTY-SIX were the pilot and operator of the WALKUP.SHELBY.BASTIAN. M ELOOIA KELLY&VNEILLY •F.OV(SSIONAL CORPORAT;ON —�— '.(w.RTFCRO BLDG•]OT-FLOOR ASO CALIFORWA STREET SAN FRANUSCO CA 91108 u1S) Sal 7210 I aforementioned twin engine Beechcraft Baron aircraft. 2 ,,_22. Plaintiffs are informed and believe, and thereon allege 3 that at all times herein mentioned, James Mountain Graham, 4 deceased, and DOE FIFTY-SIX were piloting and operating the 5 aforementioned aircraft with the full knowledge, consent and 6 permission of defendants and each of them, and at all times herein 7 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 8 were acting within the course and scope of his employment, 9 independent contract or other relationship with defendants and 10 each of them. 11 23 . On, about or prior to December 23 , 1985 defendants 12 and each of them, so negligently, carelessly and recklessly owned, 13 operated, repaired, maintained, overhauled, entrusted, navigated, 14 aviated and inspected the above mentioned Beechcraft Baron aircraft 15 so as to proximately cause it to fail, crash and fall into the 16 Sun Valley Shopping Mall on December 23, 1985 and proximately 17 thereby caused the injuries and damages hereinafter described. 18 24 . At all times herein mentioned DOES FIFTY-SEVEN through 19 SEVENTY were certain architects, designers and engineers the 20 exact identity of which is unknown to plaintiffs at this time 21 who pray leave to amend and insert said identities when the same 22 are finally determined. 23 Plaintiffs are informed and believe and upon such information 24 and belief allege that at all times herein mentioned defendants 25 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 26 construction, location and building of the Sun Valley Mall LAW OrYlccs Or WALKUP..SHELBY.BASTIAN. MELODIA.KELLY B O'REILLY —7— A '7— A POOrESSIONAL CORPORATION '•E IARTFCRD BLDG•SDTN FLOOR 4SO CALIFORWA STREET SAN FRA.CISCO CA 94108 1 4151 981 7210 I including its safety and escape features. 2 -25 . At all times herein mentioned, defendants DOES 3 FIFTY-SEVEN through SEVENTY were so negligent and careless in 4 or about the design, location, construction and building of the 5 Sun Valley Shopping Mall that. said mall was in a dangerous and 6 defective condition in that it was poorly located, as previously 7 alleged; had inadequate fire fighting, escape and other safety 8 features necessary to protect patrons on or about the premises 9 in the event of fire or other emergency. 10 26 . As a direct and proximate result of the negligence 11 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each t2 of them as aforesaid plaintiffs suffered and sustained injuries 13 and damages as hereinafter set forth. 14 I 27 . On or about December 23 , 1985 Brian W. Oliver was a 15 passenger in the aforementioned aircraft. 16 28 . As a direct and proximate result of all of the aforesaid 17 acts and omissions, negligence and carelessness, the aforementioned 18 aircraft crashed into the Sun Valley Mall on December 23, 1985, 19 resulting in the death of plaintiffs ' decedent. 20 29 . At all times herein mentioned, Robert Oliver and Nancy 21 Oliver were the parents of Brian W. Oliver, deceased. By reason 22 of the death of Brian W. Oliver, deceased, plaintiffs ' decedent, 23 plaintiffs have been permanently deprived of their son and of 24 his love care, comfort, companionship,p p, services, society, 25 affection, instruction, advice, guidance, protection, counsel, LAw orvicts or 26 WALKUP SMELBT.BASTIAN MILOPIA KELLY a O'REILLY 4 O "(%5'C14:CCavCR47,0y —9— OSO CAI a 4 A STOW LAN (1.4ri 1<0 CA 941CS 14 i51 981 7210 i support and contributions and said plaintiffs have been damaged 2 according to proof. 3 30. By reason of the death of Brian W. Oliver, plaintiffs 4 incurred funeral and burial expenses in memory of and for 5 plaintiffs ' decedent in an amount that will be determined at 6 time of trial. 7 WHEREFORE, plaintiffs pray judgment against defendants as 8 hereinafter set forth. 9 SECOND CAUSE OF ACTION (Strict Products Liability) 10 Plaintiff complains of defendants , and each of them, and 11 for a Second Cause of Action alleges : 12 31. Plaintiff refers to, reallege and incorporate by 13 reference as though fully set forth herein each and every 14 allegation contained in their First Cause of Action. 15 32. At all times herein mentioned the aforesaid Beechcraft 16 Baron aircraft, and its component parts were defective and unsafe 17 for their intended purpose by reason of defects in design and 18 manufacture. 19 33 . The defects in design or manufacture of the foregoing 20 aircraft which was designed and/or manufactured by defendants, 21 and each of them, caused said aircraft to crash and thereby 22 proximately caused injury to plaintiff as aforesaid for which 23 defendants, and each of them, are strictly liable in tort. 24 WHEREFORE, plaintiff prays judgment against defendants, 25 and each of them, as hereinafter set forth. 26 LAM OF"C"OF MALKUP.SHELBY.BASTIAN. -1 0_ MELODIA KELLY&O*REILLY A PROTCSS�ONAL CORPORATION •�[.ART(CRO 1, O,•7JTr fLOCR 650 CALIF CR\'A STREET SAY(RAhUSCO CA 96108 44151 M-7210 I THIRD CAUSE OF ACTION (Premises Liability) 2 1Plaintiff complains of defendants , and each of them, and 3 for a Third Cause of Action, alleges : 4 34 . Plaintiff refers to, reallege and incorporate by 5 reference as though fully set forth herein each and every b allegation contained in their First Cause of Action. 7 35. Defendants, and each of them, designed, developed, 8 located, built, leased, owned, managed, maintained, and held 9 open for use by the public certain premises, including certain 10 retail stores including R.H. Macy, Inc. , and the various DOE 11 defendants previously described, DOES SEVENTY-FIVE through ONE 12 HUNDRED, Sun Valley Mall, and Buchanan Field. 13 36. At all times herein mentioned the aforesaid Sun Valley 14 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 15 Field were defective, dangerous and unsafe and posed an 16 unreasonable risk of harm to those persons utilizing said premises 17 for lawful business and non-business purposes. 18 37 . The defects and dangerous conditions of the premises , 19 in design, manufacture, construction and/or location and placement 20 of the foregoing mall, stores , and air field which was designed, 21 manufactured, constructed, built and located by defendants, and 22 each of them, proximately caused the injuries to plaintiff as 23 aforesaid. 24 WHEREFORE, plaintiff prays judgment against defendants, 25 and each of them, jointly and severally as follows : 1 . For general damages that may be proved; AAw oPPlccs or 6 WALKUP.SHELBY.BASTIAN. MELOOIA KELLY a 0•REILLT -11- A PROt[SSIONAL CORPORATION •..[..A RTtC RO BItG•)Jtw t•,CCR • 6S3 C.Aoroa%-A STREEt $AN[RA\CISCO CA 9A10B 14151 981 7210 1 2. For special damages that may be proved; 2 = -3 . For funeral and burial expenses according to proof ; 3 4. For prejudgment interest as permitted by law; . 4 5. For costs of suit; and 5 6. For such other and further relief as the Court may deem 6 proper. 7 DATED: September 10, 1986 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & OEREILLY 8 BY 1✓• - 9 RArPH W. BA TIAN, . 10 11 _ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LAw O/IICCS Or NALIIUP.S%ELBY.BASTIAN. —1 2 +ELOOIA KELLY a O'EEEILLt •PROFESSIONAL COR"CRATION +(rAR1(CRO BLDG•301-(LOCA 150 CALIFCQ%IA STREET !AN(RANGSCO CA 9u0B IRIS) 7817210 • IJACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony !, �MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen., Pat Lewis, Mack,­ Lodge, Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David •na.a.L 1 L"{tiLL L' AbJl F Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward . t Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA and as EX-OFFICIO AS THE '`=GOVERNING BOA DOF T ' V aim,igainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Apri.L 26 1987 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA (OLIVER) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received 1987 ADDRESS: San Francisco , CA 94105 BY DELIVERY TO CLERK ON March 30, BY MAIL POSTMARKED: March 27 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 30, 1987 PpHHIL BATCHELOR, Clerk DATED: BY. Deputy L. Hall 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's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� O , /g 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 (J� ) 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: APR 2 8 1981 PHIL BATCHELOR, Clerk, By �1 . 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. 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: APR 2 9 1997 BY: PHIL BATCHELOR by ' eputy Clerk CC: County Counsel County Administrator 3'. A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall. Brian W. Oliver was a passenger who was killed in the aircrash. The parents of Brian W. Oliver are claiming damages as set forth in their complaint filed on September 11, 1986, a copy of which is attached hereto as Exhibit A. 6. Plaintiffs seek general and special damages, funeral and burial expenses, prejudgment interest, costs of suit, and such other and further relief as is deemed proper. See Exhibit A attached. Macy' s claim is for complete and/or partial indemnity of any recovery against Macy' s by the parents of Brian W. Oliver claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl .Oli L E LAW OFFICES OF F 0 1 WALKUP. SHELBY, BASTIAN. MELODIA SEP 1 1 1986 KELLY & O'REILLY 2 A PROFESSIONAL CORPORATION & %=I co" I�r� 630 CALIFORNIA STREET [[����}}pp}}�� ` 3 SAN FRANCISCO. CALIFORNIA 54108 Wi MARKS ,_ TELEPHONE (415) 991.7210 4 5 ATTORNEYS FOR PLAINTIFF 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 ROBERT and NANCY OLIVER, ) NO. 290977 10 Plaintiffs, ) COMPLAINT FOR DAMAGES (Wrongful Death) 11 VS. ) 12 THE BEECH AIRCRAFT CORPORATION, ) GENERAL AVIATION SERVICES, ) 13 JAMES McGHEEHAN, THE ESTATE OF ) JAMES MOUNTAIN GRAHAM, THE SUN ) 14 VALLEY SHOPPING MALL, R.H. MACY) INC. , THE TAUBMAN COMPANY, INC. ) 15 WELLS FARGO BANK, as trustee of ) THE TAUBMAN COMPANY, INC. , ) 16 CITY OF CONCORD, COUNTY OF ) CONTRA COSTA, DOES ONE through ) 17 THREE HUNDRED, inclusive, ) 18 Defendants. ) 19 20 FIRST CAUSE OF ACTION (Negligence) 21 Plaintiffs complain of defendants, and each of them, and 22 for a First Cause of Action allege: 23 1. The true names or capacities, whether individual, 24 corporate, governmental or associate of the defendants named 25 herein as DOE are unknown to plaintiffs who therefore sue said 26 defendants by such fictitious names. Plaintiffs pray leave to Ezhat I amend this complaint to show their true names and capacities 2 ' when .,_t_he same have been finally determined. 3 Plaintiffs are informed and believe and, upon such information 4 and belief, allege that each of the defendants designated herein 5 as DOE is negligently or otherwise legally responsible in some 6 manner for the events and happenings herein referred to, and 7 negligently or otherwise caused injury and damages proximately 8 thereby to plaintiffs, as is hereinafter alleged. 9 2. At all times herein mentioned, each and every of the 10 defendants herein was the agent, servant, partner, employee, 11 joint venturer and franchisee of each of the remaining defendants, 12 and at all times acting within the course and scope of said agency, 13 service, partnership, employment, joint venture and franchise 14 and each defendant has ratified and approved the acts of the 15 remaining defendants. 16 3. Plaintiffs Robert Oliver and Nancy Oliver are the 17 surviving parents of Brian W. Oliver, deceased. Said plaintiffs 18 constitute all the heirs at law of Brian W. Oliver. 19 4 . At all times herein mentioned, defendant Beech Aircraft 20 Corporation was a Kansas corporation doing business in the State 21 of California. 22 S. At all times herein mentioned DOES ONE through FIVE 23 were engine manufacturers licensed to do and doing business within 24 the State of California. 25 6 . At all times herein mentioned, DOES SIX through TWENTY LAW 0/IiC4S Or 26 were instrument or other component manufacturers licensed to WALKUP..SHELBY.BASTIAN. LIELOCIA.REIN•O-REILLY A AROrESSIONAL C(�ROCRATION —2— toot) 2— toot)BLOC.•)0T•(LOOK t10 CAVtCRNIA STREET SAN FRANCISCO CA 94106 44151 9817210 I do and doing business within the State of California. 2 j7. At all times herein mentioned defendants Beech Aircraft 3 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 4 designed, processed, constructed, manufactured, assembled, 5 prepared, selected materials , parts and components, represented 6 to tests and inspect, manage, maintain, repair, service, own 7 and sold a certain twin engine aircraft known as the Beechcraft 8 Baron. 9 8. At all times herein mentioned, defendants and each of 10 them so negligently and carelessly designed, processed, 11 constructed, manufactured, assembled, prepared, selected materials, 12 parts and components, represented to tests and inspect, manage, 13 maintained, repaired, serviced, owned, leased and sold said 14 aircraft and its component parts so as to cause said aircraft 15 on December 23 , 1985 to fall and crash into R.H. Macy' s, Inc. ' s 16 store in the Sun Valley Mall in Concord, California thereby killing 17 Brian W. Oliver. 18 9 . At all times herein mentioned defendants Sun Valley 19 Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 20 and each of them, were business entities the exact form and nature 21 of which are unknown to plaintiffs who pray leave to amend and 22 insert the same when they are ascertained, but which business 23 entities were at all times doing business within the State of 24 California. 25 10. At all times herein mentioned R.H. Macy, Inc. was a 26 corporation, licensed to do and doing business within the State LAW OFF'"S OF WALKUP.SHELBY.BASTIAN, - _ NELODIA KELLY B O'REILLY A PROFESSIONK CORPORATION 'wt IIA4IFORD BLDG•101.FLOOR 450 CALIFORNIA STREET SAN FRANCISCO CA 94108 14I51 981 7210 I of California. 2 e11. At all times herein mentioned, the Wells Fargo Bank, 3 trustee for The Taubman Company, Inc. , and its predecessors in 4 interest, The Taubman Company, Inc. , a Michigan corporation, 5 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 6 entities doing business in the State of California for the purpose 7 of owning, placing, designing, building, leasing, managing and 8 maintaining the shopping mall known as defendant herein Sun Valley 9 Mall. 10 12 . At all times herein mentioned defendants Sun Valley 11 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 12 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 13 through FORTY-FIVE and each of them, negligently, carelessly 14 and recklessly designed, built and placed a shopping center and/or 15 store that attracts a great number of people on a heavily 16 trafficked air corridor,with known and foreseeable visibility 17 problems due to weather patterns in the vicinity of Buchanan 18 Field Airport in the City of Concord, County of Contra Costa, 19 State of California. Said defendants knew or should have known 20 that aircraft were likely to and did fly over their mall and/or 21 store, that weather patterns created specific hazards, and that 22 it was foreseeable that an aircraft might crash and/or collide 23 with said mall and/or store thereby injuring and/or killing patrons 24 on the premises. 25 13 . On December 23, 1986 as a direct and proximate result 26 of the matters aforesaid, an aircraft on a missed approach crashed LA-OIIICKS OP WALKUP.SNELOV.BASTIAN. _ - MELODIA.KELLY A O'REILLT A PROrESS.OMAL CORPORATION •-E..RTFCPD BLDG•70T.FLOOR !SO CAUFORNu STREET SAN FRANCISCO CA 94I08 IAISI 961 7210 I and fell into the above described mall/store thereby injuring 2 plaintiffs as hereinafter set forth. 1-• 3 14 . At all times herein mentioned, defendants City of Concord 4 and the County of Contra Costa were, and are governmental entities. 5 15 . Within 100 days of the accrual of the within cause 6 of action, written claims for damages setting forth the matters 7 herein alleged were duly and regularly presented to the County 8 of Contra Costa and to the City of Concord on behalf of plaintiffs 9 in accordance with the appropriate sections of the California 10 government code. Said claims have been denied. This claim is 11 timely filed in the time prescribed by law after the denial of 12 said claim. 13 16 . At all times herein mentioned, the City of Concord, 14 and/or County of Contra Costa and DOES SEVENTY-ONE through 15 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 16 Field and/or the premises known as and developed as Sun Valley 17 Mall. Said field and mall were negligently and carelessly 18 developed, planned, designed, constructed, operated, maintained 19 and controlled by said public entities in a dangerous, defective 20 and hazardous condition in that, inter alia, the airfield and 21 mall were located so close to one another that approach and 22 departure corridors overlapped the mall and that aircraft in 23 poor weather conditions would be forced to fly over the mall 24 on approaches and/or departures thereby exposing patrons at the 25 mall to the dangers posed by aircrafts malfunctioning on departure 26 and/or landing. LAW OFFICES or WALKUP.SMELB Y.BASTIAN. —5— MELODIA.KELLY 8 O-REILLY A PAOFE SSIONAL CORPORATION •r(NARTFCRO BLDG•70TN FLOOR 950 CAL-FOA-VA STREET ' SAY FRA\CISCO CA 94108 1415)9d1 7210 1 17. Plaintiff is informed and believes and upon such 2 information and belief alleges that at all times herein mentioned, 3 defendants and each of them knew or in the exercise of reasonable 4 care should have known of the dangerous, deceptive and defective 5 conditions posed by the proximity of said airport and the Sun 6 Valley Mall. 7 18 . As a direct and proximate result of all of the aforesaid 8 negligence and carelessness , and of said dangerous, defective 9 and deceptive condition posed by Buchanan Field and/or Sun Valley 10 Mall and their proximity there was a reasonably foreseeable risk 11 that aircraft would crash and/or fall into Sun Valley Mall causing 12 others to sustain serious bodily injury or death, as the proximate 13 result of the negligence and carelessness and of said condition 14 of said airfield and mall. 15 19. At all times herein mentioned General Aviation Services 16 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 17 maintained, overhauled and oversaw the general airworthiness 18 of a certain Beechcraft Baron aircraft referred to above. 19 20. Plaintiffs are informed and believe and thereon allege 20 that at all times herein mentioned, James McGheehan, and DOES 21 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 22 lessees , or otherwise exercised maintenance or control over a 23 twin engine Beechcraft Baron aircraft referred to hereinabove. 24 21. Plaintiffs are informed and believe and thereon allege, 25 that 'at all times herein mentioned, James Mountain Graham, ....ornc6s o. 6 deceased, and DOE FIFTY-SIX were the pilot and operator of the WALKUP.SHELBY.BASTIAN. MEIOOIA KELLY A O'REILLY A FOOFESSIONAL CORPORAT.ON —�— •IE.ARTFCRO BLDG•70TO FLOOR 650 CALIFORN'A STREET SAN FRANCISCO CA 94108 I4751 901 7210 I aforementioned twin engine Beechcraft Baron aircraft. 2 X22. Plaintiffs are informed and believe, and thereon allege 3 that at all times herein mentioned, James Mountain Graham, 4 deceased, and DOE FIFTY-SIX were piloting and operating the 5 aforementioned aircraft with the full knowledge, consent and 6 permission of defendants and each of them, and at all times herein 7 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 8 were acting within the course and scope of his employment, 9 independent contract or other relationship with defendants and 10 each of them. 11 23 . On, about or prior to December 23 , 1985 defendants 12 and each of them, so negligently, carelessly and recklessly owned, 13 operated, repaired, maintained, overhauled, entrusted, navigated, 14 aviated and inspected the above mentioned Beechcraft Baron aircraft 15 so as to proximately cause it to fail, crash and fall into the 16 Sun Valley Shopping Mall on December 23 , 1985 and proximately 17 thereby caused the injuries and damages hereinafter described. 18 24 . At all times herein mentioned DOES FIFTY-SEVEN through 19 SEVENTY were certain architects, designers and engineers the 20 exact identity of which is unknown to plaintiffs at this time 21 who pray leave to amend and insert said identities when the same 22 are finally determined. 23 Plaintiffs are informed and believe and upon such information 24 and belief allege that at all times herein mentioned defendants 25 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, LAW OFFICES 01 6 construction, location and building of the Sun Valley Mall WALKUP.SHELBY.BASTIAN. MELOOIA KELLY S O'REILLY A PROF[SS-ONAL CORPORATION - - •.[MARIFCAO BLDG•]0TH FLOOR 650 CAL.FORN•A STREET SAN lRANCISCO CA 94108 u151 981 7210 I including its safety and escape features . 2 -25 . At all times herein mentioned, defendants DOES 3 FIFTY-SEVEN through SEVENTY were so negligent and careless in 4 or about the design, location, construction and building of the 5 Sun Valley Shopping Mall that. said mall was in a dangerous and 6 defective condition in that it was poorly located, as previously 7 alleged; had inadequate fire fighting, escape and other safety 8 features necessary to protect patrons on or about the premises 9 in the event of fire or other emergency. 10 26. As a direct and proximate result of the negligence 11 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 12 of them as aforesaid plaintiffs suffered and sustained injuries 13 and damages as hereinafter set forth. 14 27 . On or about December 23 , 1985 Brian W. Oliver was a 15 passenger in the aforementioned aircraft. 16 28 . As a direct and proximate result of all of the aforesaid 17 acts and omissions, negligence and carelessness, the aforementioned 18 aircraft crashed into the Sun Valley Mall on December 23, 1985, 19 resulting in the death of plaintiffs ' decedent. 20 29 . At all times herein mentioned, Robert Oliver and Nancy 21 Oliver were the parents of Brian W. Oliver, deceased. By reason 22 of the death of Brian W. Oliver, deceased, plaintiffs ' decedent, 23 plaintiffs have been permanently deprived of their son and of 24 his love, care, comfort, companionship, services, society, 25 affection, instruction, advice, guidance, protection, counsel, L...O..IC.S o.26 WALKUP SHELBY.BASTIAN. MELODIA KELLY 0 O'AEILLY C.AVCA.T✓.ry -9- . .r STA", .SO Ut'' ••• I♦ISI 9tll 721D I I support and contributions and said plaintiffs have been damaged 2 according to proof. 3 30 . By reason of the death of Brian W. Oliver, plaintiffs 4 incurred funeral and burial expenses in memory of and for 5 plaintiffs ' decedent in an amount that will be determined at 6 time of trial. 7 WHEREFORE, plaintiffs pray judgment against defendants as 8 hereinafter set forth. 9 SECOND CAUSE OF ACTION (Strict Products Liability) 10 Plaintiff complains of defendants, and each of them, and 11 for a Second Cause of Action alleges : 12 31 . Plaintiff refers to, reallege and incorporate by 13 reference as though fully set forth herein each and every 14 allegation contained in their First Cause of Action. 15 32. At all times herein mentioned the aforesaid Beechcraft 16 Baron aircraft, and its component parts were defective and unsafe 17 for their intended purpose by reason of defects in design and 18 manufacture. 19 33. The defects in design or manufacture of the foregoing 20 aircraft which was designed and/or manufactured by defendants, 21 and each of them, caused said aircraft to crash and thereby 22 proximately caused injury to plaintiff as aforesaid for which 23 defendants, and each of them, are strictly liable in tort. 24 WHEREFORE, plaintiff prays judgment against defendants, 25 and each of them, as hereinafter set forth. 26 LAW OP►1CCS OF "MALS,Up.SHELBY.BASTIAN. —1 0_ MELODIA KELLY A O•REILLY A PRO1[SS.ONAL CORPORATION •w[«ANTFCPO SLOG•7JTw/LOCO 650 CAUtCP%!A STREET SAr[RAaUSCO CA 94108 44151 981 7210 I THIRD CAUSE OF ACTION (Premises Liability) 2 Plaintiff complains of defendants, and each of them, and 3 for a Third Cause of Action, alleges : 4 34 . Plaintiff refers to, reallege and incorporate by 5 reference as though fully set forth herein each and every 6 allegation contained in their First Cause of Action. 7 35 . Defendants, and each of them, designed, developed, 8 located, built, leased, owned, managed, maintained, and held 9 open for. use by the public certain premises, including certain 10 retail stores including R.H. Macy, Inc. , and the various DOE 11 defendants previously described, DOES SEVENTY-FIVE through ONE 12 HUNDRED, Sun Valley Mall, and Buchanan Field. 13 36 . At all times herein mentioned the aforesaid Sun Valley 14 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 15 Field were defective, dangerous and unsafe and posed an 16 unreasonable risk of harm to those persons utilizing said premises 17 for lawful business and non-business purposes. 18 37 . The defects and dangerous conditions of the premises, 19 in design, manufacture, construction and/or location and placement 20 of the foregoing mall, stores, and air field which was designed, 21 manufactured, constructed, built and located by defendants, and 22 each of them, proximately caused the injuries to plaintiff as 23 aforesaid. 24 WHEREFORE, plaintiff prays judgment against defendants , 25 and each of them, jointly and severally as follows: 1 . For general damages that may be proved; LAW or►Iccs oP 6 WALKUP.SHELBY.BASTIAN. MELODIA.KELLY a O'REILLY -11- A PRCFESSIONAL CORPORATION ES,l CALI{OR\'A STREET SAN FRASICISCO CA 94108 14151 981 12t0 1 2. For special damages that may be proved; 2 --3 . For funeral and burial expenses according to proof; 3 4 . For prejudgment interest as permitted by law; 4 5. For costs of suit; and 5 6 . For. such other and further relief as the Court may deem 6 proper. 7 DATED: September 10, 1986 WALKUP, SHELBY, BASTIAN, MELODIA, KELLY & 1OIREILLY 8 BY JL4 G609 RALPH W. BA TIAN, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 �Aw O.I2C93 O/ .VALKVP.SHELBY.BASTIAN. X12 Q LOGIA KELLY A O'PEILLY • -OTESSIONAL COOPCPATION +E wAQIFCol SLOG•)OT•FLOC4 LSO CAL11CPw-A STPEET SAN rRatiC.SCO CA 94I08 IA15) 981-:210 IIACY'S SUN VALLEY MALL•CRASH' - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony �. �MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mach-- t Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, 'G'regory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, nU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM �r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 28 , 1987 sand 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: $75 , 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DOLORES J. GONZALEZ c/o Richard P. Groff ATTORNEY: 3105 Lone Tree Tay #D Antioch, CA 94509 Date received ADDRESS: BY DELIVERY TO CLERK ON March. 30 , 1987 BY MAIL POSTMARKED: not legible P 289 179. 366 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. y all BATCHELOR, Clerk DATED: March 30 1987 py �- - L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (X) 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: BY: ``.7 eputy County Counsel 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. 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. oe Dated: APR 2 8 1987 PHIL BATCHELOR, Clerk, By 45S r /-C/"" , 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. 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. APR 2 9 1987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator SiAiI Of CALIFORNIA IOARe 0► COMIROI TOnT CLAIM DC*I -A `(10-81) IN31RUC110NS RtstRYt 101111LINt 3144► tt AIM NunetR A. CLAIMS AtIATINO 10 CAUStS 0► ACTION 104 ItA1N OR FOR INJURY 10 fIRSON ON 10 PCRSONAL PROPtRiT OR LROVINI CROPS rust It FAIItNit1 Not 1A1t11 THAN TNI WIN DAY AFTIN iNt ACCRUAL Of 1111 CAUSt Of ACiION. ClA1Ms 1111.1111111 10 ANY OINlR CAUSt OF ACTION MUS1 II RIStN1I0 NOT lAT[11 111 N ONt Tt411 AFTt11 iNt ACCRUAL of iht CAUSL or ACTION. �S[e. 911.2, Cor. COIt' 1. CLAIMS MUST It Fitt$ WITH 1141 SIM BOARD Of CON1119% AT 111 OF►ICt IN SUM 300, 926 J SiRtti, SACRAMINIO, CALIFORNIA 95814. C. CLAIM 10 BE nLEO IN iRIPLICAiE. 1-• BEFORE THE STATE BOARD OF CONTROL OF Iv1AR��p1987 THE STATE OF CALIFORNIA IN iNt MA11tA OF Tilt CLAIM Of ' A' F tlQi DOLORES J. GONZALEZ of Co AE s B ... uI 144,11191 lilt 3TA1t Of CALIroRN1A and Contra Costa County 1Nt $NOtRsl/Nt1 tIAIMARI N1N111 MANtl CLAIM ASAINOi iNt STA19 Of CALIFORNIA IN 1141 sum Or 75,000.00 ANI IN IU?FORT OF $All CLAIM RtFAtSINTS AS FOLLOWS I SENO NOTICES 101 (A110RN1T) Cort. Coot Ste. 910.2 PROVIetsl "Tilt CLAIM S14All of 111RlS IT TNt CLAIMANT OR BY SOMI PINSON ON NIS CLA IMA i AIUA RICHARD P. GROFF 2 AOO11t31 3105 Lone Tree Way, Suite D 1015 Second Street Antioch, CA 94509 Antioch, CA 94509 _ 1lttINON! NUMIIR ItEltIION x (415) 757-8686 (415) 757-3761 1. MNtN 01$ lilt $AMACI OR INJURY OCCUR 2• VHtA1 Ile THE 01"Ret OR INJURY OCCUR - (1111[ tAACi $Alt AND HOUR) (INCL$Ot CITY AND COUNTY) i or about 12-31-86 at 2315 CONTRA COSTA CONTY �.NOV 010 111! OAMAtt OR INJURY OCCUR $Irt ►$Ll WAILS) SEE ATTACHED #3 and #4 VIIAT PARTICULAR ACT ON OMISSION ON 1111, PARi Of ItAlt OfflttRIP ItNY4N1/ OR tMrlOYtt! CAUSto 114! INJURT ON iAMitt SEE ATTACHED #3 and #4 . VNAT ARI iNt NAMlS OF iIQ STA11 OffICtR1p StATAN1S 011 tMPLOTt11 tAU1INS iNt OAMAtt OR i11JUNT The names of the state employees, including officers and servants are unknown to me and I can not obtain said names without discovery,;; The State of California has the names. ;;AT O.AMAGE 0!1 INJURIES 00 YOU CLAM AESULTID 011E FULL EXTENT Of INJURIES ON DAMAGES CLAIMED See Attachment #3 for details of the extreme emotional distress, humiliation, loss of reputation, pain, and suffering. IOW WAS THE Ai10UNT CLAWED ABOVE COMPUTED INCLUDE TNt ESTIMATED AMOUNT Or ANY PROSPECTIVE INJURY OR DAMAGE SEE ATTACHMENT #3-FOR DETAILS SEE ATTACHMENT W FOR DETAILS : ANq A!ii1HT OF WI IiE31tT boC1649 AND NGSF11ALi CONTRA COSTA COUNTY SHERIFF-CORONER DEPARTMENT CRIMINALISTICS LABORATORY; State of California has the names of all other witnesses which I can not obtain without formal discovery. EXPENOITURES MADE ON ACCOUNT OF ACCIDENT OR INJURY DATE IttM AMOUNT NOTICE ER A CLAIM HAS BEEN FILED WI TN THE BOARD IT WILL BE ASSIGNED A HEARING DATE, AND YOU WILL BE ADVISED OF 111E 1111E AIID CE Or HEARING. Al FRESENI THE BOARD OF CONTROL MEETS ONLY IN SACRAMENTO AND LOS ANGELES, I F YOU WISH 10 DESIGIIAIE 011E THESE LOCAIIONS, PLEASE ADVISE US OF YOUR PREFERENCE WHEN YOU SUBMIT YOUR CLAIM. Isom 12 or 114 PENAL CODE PPOT11131 "EVERY PERSON WIID9 wit" INTIM? 10 DEFRAUDS PRESENTS 104 ALtOWANCt OR FOR PAYMENT 10 ANY STATE BOARD OR O/IICtR, OR TO COUNTY, MAN, CIIT, 9IStRIC19 WAND OR VIEIAOt BOARD ON O►►ICt49 A01NONIft0 10 ALLOW OR PAY 114E SAME of CtNUIRt, ANY St 04 101413JL[N1 CLAIMS BILLS ACCOUNTS 1oDtNt49 OR 1041111109 19 OVIL1T 0► A FELONY." ATTACHMENT #3 On December 31, 1986, after having had dinner with my husband,-,.we stopped at Maurisico's Bar in Oakley to continue our conversation. We arrived at approximately 9:30 p.m. and left at approximately 11:00 p.m. During the time we were in the bar, we noted a highway patrol road-block set up almost directly in front of the bar. This road-block included a van or mobile unit set-up for testing drunk drivers. I ordered one vodka collins the entire time I was present. Two other drinks were ordered by others but I only finished the one drink and took a few sips of the second drink. At the time, I commented that the drink contained very little vodka and at no time did I feel any effects from the drink. I weigh approximately 200 pounds. I observed and noted that an "unknown woman" bought drinks not only for myself but for several other patrons. Later in the evening, after I was arrested for drunk driving, this same woman was seen by me approaching the van and spoke with the person I believe was a plain-clothed supervisor. I heard this woman call the plain-clothed officer by name and she requested that due to her fatigue she needed to be driven home. This officer left the van and was not seen by me again, nor did I see the "unknown woman" again. From these facts, I believe that this woman may have been a plain-clothed officer and may have been assigned to the bar to entrap citizens. I left the bar at approximately 11:00 p.m. I drove because my husband had had four beers and we discussed that I had had practically no alcohol that evening and the little I had had was in no way effecting me. Prior to driving off the premises, my husband and I observed the highway patrol stopping nearly every car. I began to drive and within one block, I was stopped by a highway patrol officer who was accompanied by the plain-clothed supervising officer referred to earlier in this statement. At the time I was stopped, I fully cooperated with each and every request and was at all times polite and respectful. However, I was very nervous because at the age of 51, I have always been a law-abiding citizen and have had no contact with the police or crime. Additionally, I was extremely embarrassed because of the bright lights and the humiliation of being a suspect. I told this officer that my husband and I were out for, what was to me, a very special evening. I informed him of the amount of alcohol I had consumed as stated above and that I was driving due to my lack of alcohol consumption. At this point, the officer had me repeat the alphabet, which I did. He had me perform a "thumb-to-finger" test, which I completed. He had me get out of the car. At this point, I believe he was ready to release me since it was apparent to all that I was not drunk and did not display any signs of drinking. My husband confirmed the content of the conversation. At this point, the uniformed officer who appeared ready to release me was taken aside by the plain-clothed officer. Upon his return, he informed me that I was to be taken to the van for further testing. I repeatedly requested to be informed of what I had done to be stopped. I was told that I was "weaving. " I was placed in hand-cuffs and placed in the patrol car. I was so upset and humiliated that I could not stop crying and I protested that I had done nothing to warrant the above-described treatment. I was taken to the van or mobil unit. Several other "suspects" came and went as I was being "processed. " I believe that the delay in my case was caused by the fact that I requested a blood test and I was given the distinct impression that I was being punished for this choice. I am unsophisticated in these matters and since I knew I had had nearly no alcohol, I thought that the blood test was the type which would vindicate me. I was informed by persons, I believed to be state employees, that the results of the blood test would be available shortly. It was only after I was transported to the Martinez jail that I discovered blood test results are not available for days. It was never explained to me that the breath and urine test results were immediately available. After my blood sample was taken and all of the forms were complete, the arresting uniformed officer agreed to transport me to jail. En route, while I was incarcerated in his patrol car with handcuffs, this officer stopped •two other cars for "weaving." I witnessed the following: the first car stopped contained an elderly white couple. The officer spoke briefly with the driver and he was released. The second vehicle stopped contained a black male. Eventually, another patrol car arrived and the black male was arrested and I saw him while I was incarcerated in jail. These facts lead me to believe that I was discriminated against. I am a Spanish American unlawfully arrested for allegedly "weaving" which I specifically deny, but the white driver was released without delay and without testing. I affirm that I observed this driver weaving. I was processed at the Martinez jail, including a humiliating body search, photographing and finger-printing. During this whole process, it seems reasonable to me that the various state and county employees knew, or should have known, that I was not drunk as I displayed no observable signs such as I witnessed displayed by the other detainees. I was finally released and my entire family was there to bring me home. I was given a notice to appear in court charging me with drunk driving. Several days following what was to me a horrifying, humiliatipg experience, perpetrated upon me by the highway patrol, either by entrapment and/or by discriminatory acts as described above, I received the ""Alcohol Report Form" in the mail, which showed the test results: 110.00% w/v Blood Alcohol. I never received notice not to appear for my court date. I was never informed that no charges had been filed against me. Thus, throughout the more than one month it took between arrest and court date, I suffered extreme emotional distress, humiliation and loss of reputation from having been falsely arrested, falsely imprisoned, battered and falsely detained. ATTACHMENT #4 The highway patrol had no articuable, reasonable basis to stop me; following the stop, the officers had no reasonable basis to detain me, arrest me and incarcerate me. The false arrest resulted from the illegal road-block. I was battered during the incarceration. During the five hour ordeal, the state employees knew, or should have known, that I was not drunk. These state employees failed to exercise due care and upon the availability of discovery, it is very likely that the state employees were entraping citizens by an officer. buying drinks for bar patrons with a road-block set up across the street. Malice is implied from the above acts and ommissions to act. I believe the road-block was illegal and unconstitutional. The State of California and Contra Costa County are responsible for my injury based on respondeate superior. GONZALEZ v . STATE/COUNTY OF CONTRA COST PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5 s 1 I declare that: 2 I am (a resident of/employed In) the county of...................CONTRA..................COSTA............. .......... ,California. ............................................ . (COUNTY WHERE MAILING OCCURRED) 3 1 am over, hM age of eighteen years and not a party of the within entitled cause; my(bus iness/residenceIaddress is 4 3105 Lone Tree Way , Suite D, Antioch , CA 94509 .. ..................................................................................................................................................................................................... March 27 , 1987 I served the attached ...Tort Claim against the State 5 On ................................................. ......................................................I....................... (DATE) 6 of California and County of Contra Costa, with attachments 7 ..............................................................................................on the .........below named ............................................................................. 8 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid.in the 9 United States mail at...............................A.n.t.1.00h, Cal..ifo.. . .r.nia. . ... addressed as follows . . .. .. .. .. .. ......................................... 10 The State Board of Control 926 "J" Street , Suite 300 11 Sacramento , CA 95814 12 Board of Supervior ' s Clerk 13 651 Pine Martinez , CA 94553A 14 15 16 17 18 19 20 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on 24 ..........March 27 , 1987 Antioch ...................................................................... at................................................................................................... California . (DATE) (PLACE) 25 26M.'....JO STRAIN 1 AK . .. .. ................................................................. (TYPE OR PRINT NAME) SIGNATURE BARON PRESS FORM NO. 22 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AND AS EX-OFFICIO AS THE GOVERNING OF THE CONSOLIDATED Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 x 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA (LEWIS) &Jo Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received March 30 , 1987 ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: March 27, 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. , March 30 , 1987 PPHNIL BATCHELOR, Clerk DATED: BY: Deputy 6zea_ L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) 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�� 3 , /g BY: `-� uty 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 0This 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. APR 2 8 1987 �^ Dated: PHIL BATCHELOR, Clerk, By G�- 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. 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 Postai 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: 'AP R 2 9 1981 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ,rye TO; BOARD OF SUPERVISORS OF CONTRA CC *rgPMW'appiication to: Instructions to ClaimantVerk of the Board &do Martinez,California 94553 A. 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 , California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's filing stamps Macy ' s California i RECEIVED Against the COUNTY OF CONTRA COSTA) MAR.5o 1987 CONSOLIDATED FIRE DISTRICT ) or DISTRICT) (Fill in name low 1, . I..) The undersigned claimant hereby maces claim against the Count-y--o-if Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �. ------------------------ ------------ - - - - - --- ----- ---- --- ---- -- --- When did the damage or injury occur? (Give exact date and hour] December 23,1985, at approximately- 8 : 30 p.m. Macy' s was served with . a lawsuit by plaintiffs Lewis on January 26 , 1987 , and Macy' s cause of action for indemnity arose on that date. �. Where did the damage or_ 1n3ury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of �} Contra Costa. ------------- 3. How did the damage or injury occur? (Give full details, use extra ► sheets if required) See attached Page 1 . 4. What particular act or omission on the part of countyor-district officers , servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names of county or district officers, servants or—.— employees causing the damage or injury? Unknown at this time 6. What damage or injuries do you claim resulted? -Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. --------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity . The amount of damages will be determined by the injured parties' recovery against this claimant. - --Nam-e--a--nd--a-ddr-e-s-se--s--------------,----------------------- ------------- See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports convening the accident list potential witnesses . 9. List the expenditures you made on account of this accident or injury: - ITEM AMOUNT � ir ed and is incurring substantial investigative qeIffletsos"Os), i cluding attorneys fees and further may be. subject to ' ti}e •payment o damages to injured parties and Macy's seeks inaemnif*i'Wtion or all such damages . 'w Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person hi behalf. " Name and Address of Attorney Daniel M. Crawford, Esq. Claimant i Carroll, Burdick & McDonough for: Macy`s Ca .0 n a One Ecker Bldg. , Suite 400 Addr San Francisco, CA 94105 P. 0. Box SLV San Francisco, CA 94120 415/495-0500 Telephone No. Telephone No. 415/954-6014 Attn: William H. Kin2, Vice Pres . NOTICE e` 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " Y 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall . John Frederick Lewis was a passenger who was killed in the aircrash. The wife and children of John Frederick Lewis are claiming damages as set forth in their complaint filed on June 3, 1986, a copy of which is attached as Exhibit A. 6. Plaintiffs seek general and special damages, funeral and burial expenses, prejudgment interest, costs of suit and further relief as is deemed proper. See Exhibit A attached. Macy' s claim 'is for complete and\or partial indemnity of any recovery against Macy' s by the wife and children of John Frederick Lewis claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl.Lew LAW OFFICES OF 1 WALKUP, SHELBY, BASTIAN. MELODIA KELLY & O•REILLY 2 A PROPM55IONAL CORPORATION ESO CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 TELE►I/ONE (415) 981.7210 5 ATTORNEYS FOR PLAINTIFF ---- ---- - 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 DOROTHY JEAN LEWIS, PAMELA JEAN BARRAM, BARBARA KAYE LEWIS) NO. 287074 10 DEBORAH LYNN LANDES, BRENDA ) ANNE LEWIS, and ANDREW JAMES ) COMPLAINT FOR DAMAGES 11 LEWIS, a minor, by and through ) (Wrongful Death) his Guardian ad litem, ) 12 DOROTHY JEAN LEWIS, ) 13 Plaintiffs, ) 14 VS. j 15 THE BEECH AIRCRAFT CORPORATION, ) GENERAL AVIATION SERVICES, ) 16 JAMES McGHEEHAN, THE ESTATE OF ) JAMES MOUNTAIN GRAHAM, THE SUN ) 17 VALLEY SHOPPING MALL, R.H. MACY) INC. , THE TAUBMAN COMPANY, INC. ) 18 WELLS FARGO BANK, as trustee of ) THE TAUBMAN COMPANY, INC. , ) 19 CITY OF CONCORD, COUNTY OF ) CONTRA COSTA, DOES ONE through ) 20 THREE HUNDRED, inclusive, ) 21 Defendants. ) 22 23 FIRST CAUSE OF ACTION (Negligence) 24 Plaintiffs complain of defendants, and each of them, and 25 for a First Cause of Action allege: 26 1. The true names or capacities, whether individual, I corporate, governmental or associate of the defendants named 2herein as DOE are unknown to plaintiffs who therefore sue said 3 defendants by such fictitious names. Plaintiffs pray leave to 4 amend this complaint to show their true names and capacities 5 when the same have been finally determined. 6 Plaintiffs are informed and believe and, upon such information 7 and belief, allege that each of the defendants designated herein 8 as DOE is negligently or otherwise legally responsible in some 9 manner for the events and happenings herein referred to, and 10 negligently or otherwise caused injury and damages proximately 11 thereby to plaintiffs, as is hereinafter alleged. 12 2. At all times herein mentioned, each and every of the 13 defendants herein was the agent, servant, partner, employee, 14 joint venturer and franchisee of each of the remaining defendants, 15 and at all times acting within the course and scope of said agency, 16 service, partnership, employment, joint venture and franchise 17 and each defendant has ratified and approved the acts of the 18 remaining defendants. 19 3. Plaintiff Dorothy Jean Lewis is the surviving widow 20 of John Frederick Lewis, deceased. Plaintiffs Pamela Jean Barram, 21 Barbara Kaye Lewis, Deborah Lynn Landes, Brenda Anne Lewis, and 22 Andrew James Lewis, a minor, are the surviving children . of John 23 Frederick Lewis, deceased. Said plaintiffs constitute all the 24 heirs at law of John Frederick Lewis. By Order of this Court, 25 Dorothy Jean Lewis has been appointed and is serving as the 26 Guardian ad Litem of Andrew James Lewis, a minor. LAw C..,cge or WALKUP.SHELBY.BASTIAN. MELOOIA.KELLY A&REILLY —2-- A►ROF[SSIONAL CORPORATION N[NARTFOR0 KOF.•30TO FLOOR 4110 CALIFORNIA STREET SAN FRANCISCO.CA 94108 94151 9867210 1 4. At all times herein mentioned, defendant Beech Aircraft 2 Corporation was a Kansas corporation doing business in the State 3 of California. 4 5. At all times herein mentioned DOES ONE through FIVE 5 were engine manufacturers licensed to do and doing business within 6 the State of California. 7 6. At all times herein mentioned, DOES SIX through TWENTY 8 were instrument or other component manufacturers licensed to 9 do and doing business within the State of California. 10 7. At all times herein mentioned defendants Beech Aircraft 11 Corporation and DOE ONE through DOE TWENTY-FIVE, -- inclusive, 12 designed, processed, constructed, manufactured, assembled, 13 prepared, selected materials, parts and components, represented 14 to tests and inspect, manage, maintain, repair, service, own 15 and sold a certain twin engine aircraft known as the Beechcraft 16 Baron. 17 8. At all times herein mentioned, defendants and each of 18 them so negligently and carelessly designed, processed, t9 constructed, manufactured, assembled, prepared, selected materials, 20 parts and components, represented to tests and inspect, manage, 21 maintained, repaired, serviced, owned, leased and sold said 22 aircraft and its component parts so as to cause said aircraft 23 on December 23, 1985 to fall and crash into R.H. Macy, Inc. 's 24 store in the Sun Valley Mall in Concord, California thereby killing 25 John Frederick Lewis. lAw OFFICES OI 26 9. At all times herein mentioned defendants Sun Valley WALKUP.SHELBY.BASTIAN, MELOOIA.KELLY A O*REILLY -3- •PNWESSIONAL CORPORATION N[NARTFORo tLOG•70TH FLOOR "0 CALIFORNIA STREET SAN FRANCISCO.GL 9410E 14151 981.7210 I Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 2 and -each of them, were business entities the exact form and nature 3 of which are unknown to plaintiffs who pray leave to amend and 4 insert the same when they are ascertained, but which business 5 entities were at all times doing business within the State of 6 California. 7 10. At all times herein mentioned R.H. Macy, Inc. was a 8 corporation, licensed to do and doing business within the State 9 of California. 10 11. At all times herein mentioned, the Wells Fargo Bank, it trustee for The Taubman Company, Inc. , and its predecessors in 12 interest, The Taubman Company, Inc. , a Michigan corporation, 13 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 14 entities doing business in the State of California for the purpose 15 of owning, placing, designing, building, leasing, managing and 16 maintaining the shopping mall known as defendant herein Sun Valley 17 Mall. 18 12 . At all times herein mentioned defendants Sun Valley 19 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 20 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 21 through FORTY-FIVE and each of them, negligently, carelessly 22 and recklessly designed, built and placed a shopping center and/or 23 store that attracts a great number of people on a heavily 24 trafficked air corridor,with known and foreseeable visibility 25 problems due to weather patterns in the vicinity of Buchanan Field Airport in the City of Concord, County of Contra Costa, LA.OFFICES 0.26 WALKUP.SHELBY.BASTIAN. MELOOIA.KELLY A O'NEILLY _4 •PROFESSIONAL CORPORATION N[NAAIFORD BLDG-IOTN FLOOR 4SO CALIFORNIA STREET SAN FRANCISCO.CA 9410E 14151 981-7210 I .State of California. Said defendants knew or should have known 2 that=--aircraft were likely to and did fly over their mall and/or 3 store, that weather patterns created specific hazards, and that 4 it was foreseeable that an aircraft might crash and/or collide 5 with said mall and/or store thereby injuring and/or killing patrons 6 on the premises. 7 13 . On December 23, 1986 as a direct and proximate result 8 of the matters aforesaid, an aircraft on a missed approach crashed 9 and fell into the above described mall/store thereby injuring 10 plaintiffs as hereinafter set forth. 11 14 . At all times herein mentioned, defendants City of Concord 12 and the County of Contra Costa were, and are governmental entities. 13 15. Within 100 days of the accrual of the within cause 14 of action, written claims for damages setting forth the matters 15 herein alleged were duly and regularly presented to the County 16 of Contra Costa and to the City of Concord on behalf of plaintiffs 17 in accordance with the appropriate sections of the California 18 government code. Said claims have been denied. This claim is 19 timely filed in the time prescribed by law after the denial of 20 said claim. 21 16. At all times herein mentioned, the City of Concord, 22 and/or County of Contra Costa and DOES SEVENTY-ONE ' through 23 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 24 Field and/or the premises known as and developed as Sun Valley 25 Mall. Said field and mall were negligently and carelessly LAW OFFOCcs0.26 developed, planned, designed, constructed, operated, maintained MALKUP.SHELBY.BASTIAN. 411,0014 KELLY A O'REILLY —G— A PROFESSIONAL CORPORATION •J •E NAATFORO CLOG•10714 FLOOR 430 CALIFORNIA STREET SAN FRANCISCO.CA 94108 14I5I 9Bb7210 I and controlled by said public entities in a dangerous, defective 2 and :,hazardous condition in that, inter alfa, the airfield and 3 mall were located so close to one another that approach and 4 departure corridors overlapped the mall and that aircraft in 5 poor weather conditions would. be forced to fly over the mall 6 on approaches and/or departures thereby exposing patrons at the 7 mall to the dangers posed by aircrafts malfunctioning on departure 8 and/or landing. 9 17 . Plaintiff is informed and believes and upon such 10 information and belief alleges that at all times herein mentioned, 11 defendants and each of them knew or in the exercise of reasonable 12 care should have known of the dangerous, deceptive and defective 13 conditions posed by the proximity of said airport and the Sun t4 Valley Mall. 15 18 . As a direct and proximate result of all of the aforesaid 16 negligence and carelessness, and of said dangerous, defective 17 and deceptive condition posed by Buchanan Field and/or Sun Valley 18 Mall and their proximity there was a reasonably foreseeable risk 19 that aircraft would crash and/or fall into Sun Valley Mall causing 20 others to sustain serious bodily injury or death, as the proximate 21 result of the negligence and carelessness and of said condition 22 of said airfield and mall. 23 19. At all times herein mentioned General Aviation Services 24 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 25 maintained, overhauled and oversaw the general airworthiness 26 of a certain Beechcraft Baron aircraft referred to above. LAW OFFICER O• WALKUP.SHELBY.BASTIAN. C MELODIA.KELLY A O'REILLY -6— — POOFtwONAL CORPORATION ME HARTFORD OLM•)OTM FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 9AIOe 14151 9Bb7210 1 20 . Plaintiffs are informed and believe and thereon allege 2 that�-'at all times herein mentioned, James McGheehan, and DOES 3 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 4 lessees, or otherwise exercised maintenance or control over a 5 twin engine Beechcraft Baron aircraft referred to hereinabove. 6 21. Plaintiffs are informed and believe and thereon allege, 7 that at all times herein mentioned, James Mountain Graham, 8 deceased, and DOE FIFTY-SIX were the pilot and operator of the 9 aforementioned twin engine Beechcraft Baron aircraft. 10 22 . Plaintiffs are informed and believe, and thereon allege 11 that at all times herein mentioned, James Mountain Graham, 12 deceased, and DOE FIFTY-SIX were piloting and operating the 13 aforementioned aircraft with the full knowledge, consent and 14 permission of defendants and each of them, and at all times herein 15 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 16 were acting within the course and scope of his employment, 17 independent contract or other relationship with defendants and 18 each of them. 19 23 . On, about or prior to December 23, 1985 defendants 20 and each of them, so negligently, carelessly and recklessly owned, 21 operated, repaired, maintained, overhauled, entrusted, navigated, 22 aviated and inspected the above mentioned Beechcraft Baron aircraft 23 so as to proximately cause it to fail, crash and fall into the 24 Sun Valley Shopping Mall on December 23, 1985 and proximately 25 thereby caused the injuries and damages hereinafter described. L...o►Flc99 OF 6 24 . At all times herein mentioned DOES FIFTY-SEVEN through WALKUP.SHELBY.BASTIAN, NELOOIA.KELLY 8 O'REILLY —7— •RROFESSIONAL CORF'ORATIO9 'NE NARTf ORO SLOG•7079 FLOOR 4SO CALIFORNIA STREET SAN iRANCISCO.CA 94108 14151 9817210 I -SEVENTY were certain architects, designers and engineers the 2 exaC'E' identity of which is unknown to plaintiffs at this time 3 who pray leave to amend and insert said identities when the same 4 are finally determined. 5 Plaintiffs are informed and believe and upon such information 6 and belief allege that at all times herein mentioned defendants 7 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 8 construction, location and building of the Sun Valley Mall 9 including its safety and escape features. 10 25. At all times herein mentioned, defendants DOES 11 FIFTY-SEVEN through SEVENTY were so negligent and careless in 12 or about the design, location, construction and building of the 13 Sun Valley Shopping Mall that said mall was in a dangerous and 14 defective condition in that it was poorly located, as previously 15 alleged; had inadequate fire fighting, escape and other safety 16 features necessary to protect patrons on or about the premises 17 in the event of fire or other emergency. 18 26. As a direct and proximate result of the negligence 19 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 20 of them as aforesaid plaintiffs suffered and sustained injuries 21 and damages as hereinafter set forth. 22 27. On or about December 23 , 1985 John Frederick Lewis 23 was a passenger in the aforementioned aircraft. 24 28. As a direct and proximate result of all of the aforesaid 25 acts and omissions, negligence and carelessness, the aforementioned aircraft crashed into the Sun Valley Mall on December 23 , 1985, u.v ornc99 OF 6 WALKUP.SHELBY.BASTIAN. NELOOIA.KELLY 6 O•REILLY p •'AWFSSIONAL CORrORAT10N O "t NAATFORO BLDG•70T"FLOOR 4S0 CALIFORNIA STREET SAN FRANCISCO.CA 94106 1415)9817210 I resulting in the death of plaintiffs ' decedent. 2 X2-9. At all times herein mentioned, Dorothy Jean Lewis was 3 the lawful wife of John Frederick Lewis, and Pamela Jean Barram, 4 Barbara Kaye Lewis, Deborah Lynn Landes, Brenda Anne Lewis and 5 Andrew James Lewis, a minor, were the children of John Frederick 6 Lewis. By reason of the death of John Frederick Lewis, plaintiffs' 7 decedent, his power to earn and accumulate money and property 8 has been destroyed, and plaintiffs have been permanently deprived 9 of this and of a kind and loving husband and father, and of the 10 care, comfort, love, companionship, services, society, affection, 11 instruction, advice, training, guidance, protection, counsel, 12 support, contributions, inheritance and right of inheritance 13 of said plaintiffs ' decedent all to their damage according to 14 proof . . 15 30. By reason of the death of John Frederick Lewis, 16 plaintiffs incurred funeral and burial expenses in memory of 17 and for plaintiffs ' decedent in an amount that will be determined 18 at time of trial. 19 WHEREFORE, plaintiffs pray judgment against defendants as 20 hereinafter set forth. 21 SECOND CAUSE OF ACTION (Strict Products Liability) 22 Plaintiffs complain of defendants, and each of them, and 23 for a Second Cause of Action allege: 24 31. Plaintiffs refer to, reallege and incorporate by 25 reference as though fully set forth herein each and every LAWOPFIC92 O,26 allegation contained in their First Cause of Action. WALKUP.SHELBY.BASTIAN. HEL00U.KELLY\O•REILLY _p •PROFESSIONAL CORPORATION 7 ME MARTFORO lLOG•M.FLOOR -SOCALIFORNIA STREET SAN FRANCISCO.CA 91106 11151 9817210 1 32 . At all times herein mentioned the aforesaid Beechcraft 2 Barop-aircraft, and its component parts were defective and unsafe 3 for their intended purpose by reason of defects in design and 4 manufacture. 5 33 . The defects in design or manufacture of the foregoing 6 aircraft which was designed and/or manufactured by defendants, 7 and each of them, caused said aircraft to crash and thereby 8 proximately caused injury to plaintiffs as aforesaid for which 9 defendants, and each of them, are strictly liable in tort. 10 WHEREFORE, plaintiffs pray judgment against defendants, 11 and each of them, as hereinafter set forth. 12 THIRD CAUSE OF ACTION (Premises Liability) 13 Plaintiffs complain of defendants, and each of them, and 14 for a Third Cause of Action, allege: 15 34 . Plaintiffs refer to, reallege and incorporate by 16 reference as though fully set forth herein each and every 17 allegation contained in their First Cause of Action. 18 35 . Defendants, and each of them, designed, developed, 19 located, built, leased, owned, managed, maintained, and held 20 open for use by the public certain premises, including certain 21 retail stores including R.H. Macy, Inc. , and the various DOE 22 defendants previously described, DOES SEVENTY-FIVE through ONE 23 HUNDRED, Sun Valley Mall, and Buchanan Field. 24 36. At all times herein mentioned the aforesaid Sun Valley 25 Mall, the DOE defendants therein, R.H. Macy, Inc. and Buchanan 26 Field were defective, dangerous and unsafe and posed an LAW OPIICCS GO- WALKUP. PWALKUP.SHELBY.BASTIAN. H[LODIA.KELLY B O'KEILLY _10— A PROFESSIONAL CORPORATION N[IIARTFORO BLDG-307H FLOOR ASO CALIFORNIA STREET SAN FRANCISCO,CA 94108 (415)gal-7210 I unreasonable risk of harm to those persons utilizing said premises 2 for"lawful business and non-business purposes. 3 37 . The defects and dangerous conditions of the premises, 4 in design, manufacture, construction and/or location and placement 5 of the foregoing mall, stores; and air field which was designed, 6 manufactured, constructed, built and located by defendants, and 7 each of them, proximately caused the injuries to plaintiffs as 8 aforesaid. 9 WHEREFORE, plaintiffs pray judgment against defendants, 10 and each of them, jointly and severally as follows : 11 1 . For general damages that may be proved; 12 2. For special damages that may be proved; 13 3 . For funeral and burial expenses according to proof ; 14 4 . For prejudgment interest as permitted by law; 15 5. For costs of suit; and 16 6 . For such other and further relief as the Court may deem 17 proper. 18 DATED: b-2- WALKUP, SHELBY, BASTIAN, MELODIA, 19 ELL Of FILLY BY 20 11 UDI J. NTSCHLER 21 RALP W. BA TIAN, JR. DANIEL DELL'OSSO 22 23 24 25 26 LAW O/IICWS OF WALKUP,SHELBY.BASTIAN, -11- MELODIA.KELLY•O'REILLY A 0pOFESSIONAL CORPORATION f-t HARTFORD BLDG.'. FLOOR 00 CALIFORNIA STREET SAN FRANCISCO.CA 9410S 140)981.7210 -LACY'S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian `- Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony Elr� • �MACY'S SUN VALLEY MALL CRASH - Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack,.. t Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward Seiffert, diegory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FYU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 ' 1987 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: Unspecified Section 913 and 915.4. Please note all "warnings". CLAIMANT: MACY' S CALIFORNIA/BUCHANAN FIELD AIRPORT (LEWIS) c/o Daniel I.1. Crawford, Esq . ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30 1 987 BY MAIL POSTMARKED: March 27 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BATCHELOR, DATED: March 30, 1987 JbILATCHELOR, Clerk : Deputy L. Hall II. 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: UyQh-��'8� /� BY.'7 /4-0����*puty 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 APR 2 8 1987 Dated: PHIL BATCHELOR, Clerk, B) � 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. 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 showg,*Ove. Dated: APR P 9 1987_ BY: PHIL BATCHELOR by Deputy Clerk P y CC: County Counsel County Administrator r!LBIM TO: BOARD, OF SUPERVISORS OF CONTRA C0§_rR9Yapplicationto: Instructions to ClaimantC•erk of the Board &erl P," e JVv pio 6 Martinez,California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserve stamps Macy's California ' RECEIVED ) Against the COUNTY OF CONTRA COSTA) MAR 191 BUCHA14AN FIELD AIRPORT or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: ------------------------T--------------------------------- - -- --- �. When did the damage or injury occur? (Give exact date and hour] December 23,1985, , at approximately- 8 : 30 p.m. Macy' s was served with . . a lawsuit by plaintiffs Lewis on January 26 , 1987 , and Macy' s cause of action for indemnity arose on that date. �. Where did the damage or injury occur? Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or injury occur? (Give �ulldetails, use extra . sheets if required) See attached Page 1. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names ,of county or district officers, servants or*- `employees causing the damage or injury? Unknown at this time • 6. What damage or in3uries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Page 1. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. Names and addresses ------------------------------------------------------------------------- 8. of witnesses, doctors and hospitals. See attached Exhibit B. Investigation is continuing with regard to any potential witnesses . The Consolidated First District and' Concord Police Department reports convering the accident list potential witnesses . -------------------- -----------------------------------------------r ce` ---- res you made on account of this accident or in3ury: fT - -f- q fl ITEM AMOUNT Macy's has incu red and is incurring substantial investigative defense costs , ncluding attorneys fees and further may be- subject to'-the 6'aent f damages to injured parties and Macy's seeks indemnification for all such damages . re:,•:. indemnification Govt. Code Sec. 910.2 provides: "The claim signed by the 'mant SEND NOTICES TO: (Attorney) or b ome person- on h' beha f. " e- t1l Name and Address of Attorney , Daniel M. Crawford, Esq. ( / Claimant ,s g a ure Carroll , Burdick & McDonough for : Macy's Califo n One Ecker Bldg. , Suite 400 P. 0. B drox �I 8 San Francisco, CA 94105 Telephone No.. 415/495-0500 San Francisco, CA 94120 p Telephone No. 4-1-5/954-6014 Attn: William H. King, Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3. A.,Beechcraft Baron aircraft crashed into the roof of Sunvalley Shopping Center, killing the pilot and passengers and injuring shoppers in the mall . John Frederick Lewis was a passenger who was killed in the aircrash. The wife and children of John Frederick Lewis are claiming damages as set forth in their complaint filed on June 3, 1986, a copy of which is attached as Exhibit A. 6. Plaintiffs seek general and special damages, funeral and burial expenses, prejudgment interest, costs of suit and further relief as is deemed proper. See Exhibit A attached. Macy's claim is for complete and\or partial indemnity of any recovery against Macy's by the wife and children of John Frederick Lewis claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985,. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl.Lew LAW OFFICES OF 1 WALKUP, SHELBY, BASTIAN. MELODIA KELLY & O'REILLY 2 A PROFESSIONAL CORPORATION 650 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 94108 TELEPHONE (415) 961-7210 4 -^l; 5 ATTORNEYS FOR PLAINTIFF -777 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 DOROTHY JEAN LEWIS, PAMELA ) JEAN BARRAM, BARBARA KAYE LEWIS) NO. 2817074 10 DEBORAH LYNN LANDES, BRENDA ) ANNE LEWIS, and ANDREW JAMES ) COMPLAINT FOR DAMAGES 11 LEWIS, a minor, by and through ) (Wrongful Death) his Guardian ad litem, ) 12 DOROTHY JEAN LEWIS, ) 13 Plaintiffs, ) 14 VS. ) 15 THE BEECH AIRCRAFT CORPORATION, ) GENERAL AVIATION SERVICES, ) 16 JAMES McGHEEHAN, THE ESTATE OF ) JAMES MOUNTAIN GRAHAM, THE SUN ) 17 VALLEY SHOPPING MALL, R.H. MACY) INC. , THE TAUBMAN COMPANY, INC. ) 18 WELLS FARGO BANK, as trustee of ) THE TAUBMAN COMPANY, INC. , ) 19 CITY OF CONCORD, COUNTY OF ) CONTRA COSTA, DOES ONE through ) 20 THREE HUNDRED, inclusive, ) ) 2) Defendants. ) 22 23 FIRST CAUSE OF ACTION (Negligence) 24 Plaintiffs complain of defendants, and each of them, and 25 for a First Cause of Action allege: 26 1. The true names or capacities, whether individual, I corporate, governmental or associate of the defendants named 2 herein as DOE are unknown to plaintiffs who therefore sue said 3 defendants by such fictitious names. Plaintiffs pray leave to 4 amend this complaint to show their true names and capacities 5 when the same have been finally. determined. 6 Plaintiffs are informed and believe and, upon such information 7 and belief, allege that each of the defendants designated herein 8 as DOE is negligently or otherwise legally responsible in some 9 manner for the events and happenings herein referred to, and 10 negligently or otherwise caused injury and damages proximately 11 thereby to plaintiffs, as is hereinafter alleged. 12 2. At all times herein mentioned, each and every of the 13 defendants herein was the agent, servant, partner, employee, 14 joint venturer and franchisee of each of the remaining defendants, 15 and at all times acting within the course and scope of said agency, 16 service, partnership, employment, joint venture and franchise 17 and each defendant has ratified and approved the acts of the 18 remaining defendants. 19 3. Plaintiff Dorothy Jean Lewis is the surviving widow 20 of John Frederick Lewis, deceased. Plaintiffs Pamela Jean Barram, 21 Barbara Kaye Lewis, Deborah Lynn Landes, Brenda Anne Lewis, and 22 Andrew James Lewis, a minor, are the surviving children . of John 23 Frederick Lewis, deceased. Said plaintiffs constitute all the 24 heirs at law of John Frederick Lewis. By Order of this Court, 25 Dorothy Jean Lewis has been appointed and is serving as the 26 Guardian ad Litem of Andrew James Lewis, a minor. L/W OIIIc[f O► WALKUP.SNELDT.BASTIAN. MELOOIA.KELLY a WRE1LLY —2— A 2— A PROFESSIONAL CORPORATION NE NARTFORO @LDC.•30TH FLOOR [SO CALIFORNIA STREET SAN FRANCISCO.CA 94108 14ISI 981•7210 ' 1 4. At all times herein mentioned, defendant Beech Aircraft 2 Corpc3ration was a Kansas corporation doing business in the State 3 of California. 4 5. At all times herein mentioned DOES ONE through FIVE 5 were engine manufacturers licensed to do and doing business within 6 the State of California. 7 6 . At all times herein mentioned, DOES SIX through TWENTY 8 were instrument or other component manufacturers licensed to 9 do and doing business within the State of California. 10 7. At all times herein mentioned defendants Beech Aircraft 11 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 12 designed, processed, constructed, manufactured, assembled, 13 prepared, selected materials, parts and components, represented 14 to tests and inspect, manage, maintain, repair, service, own 15 and sold a certain twin engine aircraft known as the Beechcraft 16 Baron. 17 8. At all times herein mentioned, defendants and each of 18 them so negligently and carelessly designed, processed, 19 constructed, manufactured, assembled, prepared, selected materials, 20 parts and components, represented to tests and inspect, manage, 21 maintained, repaired, serviced, owned, leased and sold said 22 aircraft and its component parts so as to cause said aircraft 23 on December 23, 1985 to fall and crash into R.H. Macy, Inc. 's 24 store in the Sun Valley Mall in Concord, California thereby killing 25 John Frederick Lewis. LAW o..lcis OF 6 9. At all times herein mentioned defendants Sun Valley WALKUP.SHELBY.SASTIAN• NELODIA,KELLY A O'REILLY —3— •POWESSIONAL CORPORATION N(NARTIOND FLOG-10100 FLOOR 4S0 CAUFOANIA STREET SAN FRANCISCO.CA 94100 14151 981.7210 I Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 2 and -each of them, were business entities the exact form and nature 3 of which are unknown to plaintiffs who pray leave to amend and 4 insert the same when they are ascertained, but which business 5 entities were at all times doing business within the State of 6 California. 7 10. At all times herein mentioned R.H. Macy, Inc. was a 8 corporation, licensed to do and doing business within the State 9 of California. 10 11. At all times herein mentioned, the Wells Fargo Bank, 11 trustee for The Taubman Company, Inc. , and its predecessors in 12 interest, The Taubman Company, Inc. , a Michigan corporation, 13 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 14 entities doing business in the State of California for the purpose 15 of owning, placing, designing, building, leasing, managing and 16 maintaining the shopping mall known as defendant herein Sun Valley 17 Mall. 18 12 . At all times herein mentioned defendants Sun Valley 19 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 20 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 21 through FORTY-FIVE and each of them, negligently, carelessly 22 and recklessly designed, built and placed a shopping center and/or 23 store that attracts a great number of people on a heavily 24 trafficked air corridor,with known and foreseeable visibility 25 problems due to weather p patterns in the vicinity of Buchanan Field Airport in the City of Concord, County of Contra Costa, LAW oFPlccs 0.26 WALKUP.SHELBY.BASTIAN. L/ELODIA.KELLY B O•REILLY ^— A PROFESSIONAL CORPORATION Y N(HARTFORD OLM•301A FLOOR GSO CALIFORNIA STREET SAN FRANCISCO.CJI 94100 44151 9614210 1 State of California. Said defendants knew or should have known 2 that---aircraft were likely to and did fly over their mall and/or 3 store, that weather patterns created specific hazards, and that 4 it was foreseeable that an aircraft might crash and/or collide 5 with said mall and/or store thereby injuring and/or killing patrons 6 on the premises. 7 13. On December 23, 1986 as a direct and proximate result 8 of the matters aforesaid, an aircraft on a missed approach crashed 9 and fell into the above described mall/store thereby injuring 10 plaintiffs as hereinafter set forth. 11 14 . At all times herein mentioned, defendants City of Concord 12 and the County of Contra Costa were, and are governmental entities. 13 15. Within 100 days of the accrual of the within cause 14 of action, written claims for damages setting forth the matters 15 herein alleged were duly and regularly presented to the County 16 of Contra Costa and to the City of Concord on behalf of plaintiffs 17 in accordance with the appropriate sections of the California 18 government code. Said claims have been denied. This claim is 19 timely filed in the time prescribed by law after the denial of 20 said claim. 21 16 . At all times herein mentioned, the City of Concord, 22 and/or County of Contra Costa and DOES SEVENTY-ONE through 23 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 24 Field and/or the premises known as and developed as Sun Valley 25 Mall. Said field and mall were negligently and carelessly LAW o,,,CaSof26 developed, planned, designed, constructed, operated, maintained WALKUP.SHELBY.BASTIAN. 4ELODIA.KELLY 6 O'REILLY -5- A"WESSIONAL CORPORATION +(NARTFORO BLOC•30111 FLOOR NOCALIFORNIA STREET SAN FRANCISCO.CA 9 410 6 14151 9BI-7210 I and controlled by said public entities in a dangerous, defective 2 and hazardous condition in that, inter alia, the airfield and 3 mall were located so close to one another that approach and 4 departure corridors overlapped the mall and that aircraft in 5 poor weather conditions would. be forced to fly over the mall 6 on approaches and/or departures thereby exposing patrons at the 7 mall to the dangers posed by aircrafts malfunctioning on departure 8 and/or landing. 9 17 . Plaintiff is informed and believes and upon such 10 information and belief alleges that at all times herein mentioned, 11 defendants and each of them knew or in the exercise of reasonable 12 care should have known of the dangerous, deceptive and defective 13 conditions posed by the proximity of said airport and the Sun 14 Valley Mall. 15 18 . As a direct and proximate result of all of the aforesaid 16 negligence and carelessness, and of said dangerous, defective 17 and deceptive condition posed by Buchanan Field and/or Sun Valley 18 Mall and their proximity there was a reasonably foreseeable risk 19 that aircraft would crash and/or fall into Sun Valley Mall causing 20 others to sustain serious bodily injury or death, as the proximate 21 result of the negligence and carelessness and of said condition 22 of said airfield and mall. 23 19. At all times herein mentioned General Aviation Services 24 and DOES TWENTY-SIX through FORTY-FIVE owned, serviced, repaired, 25 maintained, overhauled and oversaw the general airworthiness 26 of a certain Beechcraft Baron aircraft referred to above. LAW 0FF1C16 01 WALKUP,SHELBY.BASTIAN. L NELOOIA.KELLY 1 O'REILLY -6- A,PRO/ESSIOMAL CORPORATION -IE MARTFORO BLOC,•307"FLOOR LSO CALIFORNIA STREET SAN FRANCISCO.CA 94100 IA1S1 981.7210 1 20 . Plaintiffs are informed and believe and thereon allege 2 that�--at all times herein mentioned, James McGheehan, and DOES 3 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 4 lessees, or otherwise exercised maintenance or control over a 5 twin engine Beechcraft Baron aircraft referred to hereinabove. 6 21. Plaintiffs are informed and believe and thereon allege, 7 that at all times herein mentioned, James Mountain Graham, 8 deceased, and DOE FIFTY-SIX were the pilot and operator of the 9 aforementioned twin engine Beechcraft Baron aircraft. 10 22 . Plaintiffs are informed and believe, and thereon allege 11 that at all times herein mentioned, James Mountain Graham, 12 deceased, and DOE FIFTY-SIX were piloting and operating the 13 aforementioned aircraft with the full knowledge, consent and 14 permission of defendants and each of them, and at all times herein 15 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 16 were acting within the course and scope of his employment, 17 independent contract or other relationship with defendants and 18 each of them. 19 23. On, about or prior to December 23, 1985 defendants 20 and each of them, so negligently, carelessly and recklessly owned, 21 operated, repaired, maintained, overhauled, entrusted, navigated, 22 aviated and inspected the above mentioned Beechcraft Baron aircraft 23 so as to proximately cause it to fail, crash and fall into the 24 Sun Valley Shopping Mall on December 23, 1985 and proximately 25 thereby caused the injuries and damages hereinafter described. ..W O..,c99 0,26 24 . At all times herein mentioned DOES FIFTY-SEVEN through WALKU/.SHELBY.BASTIAN• HELODIA.KELLY&O'REILLY —7— A PAOF[SSIONAL COOroAAn011 ."NAMTFOQD 8LDG•]OTN FIGO. t'0 CALIFORNIA STET SAEAN FRANCISCO.a 94 10e '415)981.7210 I -SEVENTY were certain architects, designers and engineers the 2 exaC't' identity of which is unknown to plaintiffs at this time 3 who pray leave to amend and insert said identities when the same 4 are finally determined. 5 Plaintiffs are informed and believe and upon such information 6 and belief allege that at all times herein mentioned defendants 7 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 8 construction, location and building of the Sun Valley Mall 9 including its safety and escape features. 10 25. At all times herein mentioned, defendants DOES 11 FIFTY-SEVEN through SEVENTY were so negligent and careless in 12 or about the design, location, construction and building of the 13 Sun Valley Shopping Mall that said mall was in a dangerous and 14 defective condition in that it was poorly located, as previously 15 alleged; had inadequate fire fighting, escape and other safety 16 features necessary to protect patrons on or about the premises 17 in the event of fire or other emergency. 18 26. As a direct and proximate result of the negligence 19 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 20 of them as aforesaid plaintiffs suffered and sustained injuries 21 and damages as hereinafter set forth. 22 27. On or about December 23, 1985 John Frederick Lewis 23 was a passenger in the aforementioned aircraft. 24 28. As a direct and proximate result of all of the aforesaid 25 acts and omissions, negligence and carelessness, the aforementioned LAW OFFtCg$OP 26 aircraft crashed into the Sun Valley Mall on December 23, 1985, WALKUP.SHELBY.BASTIAN. HELODIAL KELLY B O'REILLY -p- A PROF I SSIONAL CORPORATION v 'R[RAMTFORD BLDG-301-FLOOR 4SD CALIFORNIA STREET SAN FRANCISCO.CA 94108 '4151 981.7210 I resulting in the death of plaintiffs ' decedent. 2 J29. At all times herein mentioned, Dorothy Jean Lewis was 3 the lawful wife of John Frederick Lewis, and Pamela Jean Barram, 4 Barbara Kaye Lewis, Deborah Lynn Landes, Brenda Anne Lewis and 5 Andrew James Lewis, a minor, were the children of John Frederick 6 Lewis. By reason of the death of John Frederick Lewis, plaintiffs ' 7 decedent, his power to earn and accumulate money and property 8 has been destroyed, and plaintiffs have been permanently deprived 9 of this and of a kind and loving husband and father, and of the 10 care, comfort, love, companionship, services, society, affection, 11 instruction, advice, training, guidance, protection, counsel, 12 support, contributions, inheritance and right of inheritance 13 of said plaintiffs ' decedent all to their damage according to 14 proof . 15 30 . By reason of the death of John Frederick Lewis, 16 plaintiffs incurred funeral and burial expenses in memory of 17 and for plaintiffs ' decedent in an amount that will be determined 18 at time of trial. 19 WHEREFORE, plaintiffs pray judgment against defendants as 20 hereinafter set forth. 21 SECOND CAUSE OF ACTION (Strict Products Liability) 22 Plaintiffs complain of defendants, and each of them, and 23 for a Second Cause of Action allege: 24 31 . Plaintiffs refer to, reallege and incorporate by 25 reference as though fully set forth herein each and every LAW OFFICER o•26 allegation contained in their First Cause of Action. WALKUP.SHELBY.BASTIAN. NELOOM KELLY A O*REILLY n A PROFESSIONAL CORPORATION 7 Mt MARTFORD BLDG•307M FLOOR [S0 CALIFORNIA STREET SAN FRANUSCO U 9.108 t4151 gal-7210 1 32. At all times herein mentioned the aforesaid Beechcraft 2 Barop-.aircraft, and its component parts were defective and unsafe 3 for their intended purpose by reason of defects in design and 4 manufacture. 5 33 . The defects in design or manufacture of the foregoing 6 aircraft which was designed and/or manufactured by defendants, 7 and each of them, caused said aircraft to crash and thereby 8 proximately caused injury to plaintiffs as aforesaid for which 9 defendants, and each of them, are strictly liable in tort. 10 WHEREFORE, plaintiffs pray judgment against defendants, 11 and each of them, as hereinafter set forth. 12 THIRD CAUSE OF ACTION (Premises Liability) 13 Plaintiffs complain of defendants, and each of them, and 14 for a Third Cause of Action, allege: 15 34 . Plaintiffs refer to, reallege and incorporate by 16 reference as though fully set forth herein each and every 17 allegation contained in their First Cause of Action. 18 35 . Defendants, and each of them, designed, developed, 19 located, built, leased, owned, managed, maintained, and held 20 open for use by the public certain premises, including certain 21 retail stores including R.H. Macy, Inc. , and the various DOE 22 defendants previously described, DOES SEVENTY-FIVE through ONE 23 HUNDRED, Sun Valley Mall, and Buchanan Field. 24 36. At all times herein mentioned the aforesaid Sun Valley 25 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 26 Field were defective, dangerous and unsafe and posed an AA-OPPIC65 OF WALKUP.SHELBY.BASTIAN. NELOOIA•KELLY A VREILLY -10- •PROFESSIONAL CORPORATION NI HARTFORD BLDG•707N FLOOR 650CALIFORNIA STREET SAN FRANCISCO.CA 911011 tUSI 9817210 •. • • • • 1 1 unreasonable risk of harm to those persons utilizing said premises 2 for-'lawful business and non-business purposes. 3 37 . The defects and dangerous conditions of the premises, 4 in design, manufacture, construction and/or location and placement 5 of the foregoing mall, stores; and air field which was designed, 6 manufactured, constructed, built and located by defendants, and 7 each of them, proximately caused the injuries to plaintiffs as 8 aforesaid. 9 WHEREFORE, plaintiffs pray judgment against defendants, 10 and each of them, jointly and severally as follows: 11 1 . For general damages that may be proved; 12 2. For special damages that may be proved; 13 3. For funeral and burial expenses according to proof; 14 4 . For prejudgment interest as permitted by law; 15 5. For costs of suit; and 16 6 . For such other and further relief as the Court may deem 17 proper. 18 DATED: WALKUP, SHELBY, BASTIAN, MELODIA, 19 GAELLO' FILLY 20 BY "AUDITA J. NTSCHLER 21 cRALPti W. BA TIAN, JR. DANIEL DELL'OSSO 22 23 24 25 26 LAW OFFICES OF WALKUP.SHELBY.BASTIAN. —11— T4LODIA.KELLY A O'RCILLY A""FISSIONAL CORPORATION TM(MARTFORO BLDG•)OTM FLOOR 4SO CALIFORNIA STRICT SAN FRANCISCO.CA 94106 (4151 981.7210 )ACYY S SUN VALLEY MALL CRASH - Arbelaez, Deanna Armsden, Vincent M. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Glinndon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony ICY'S SU77 VALELAY ftALL CRASH - • Kaify, Mohamed Lang, Richard Larsen_, Pat Lewis, Mach-. t Lodge, Christina Lodge, Cindy Lodge, Gary " Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann ' Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David u. n .a.Ll :'uiLL l J'lAJh1 Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward ! Seiffert, Cr"egory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Shepgie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FXU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew f / ZZ t i. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28, 1987 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MACY' S CALIFORNIA (LEWIS) c/o Daniel M. Crawford, Esq. ATTORNEY: Carroll, Burdick & McDonough One Ecker Bldg. , #400 Date received ADDRESS: San Francisco, CA 94105 BY DELIVERY TO CLERK ON March 30, 1987 BY MAIL POSTMARKED: March 27 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 30, 1987 ppHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (\A 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: BYty County Counsel 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). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (x) 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. aa Dated: APR 2 8 1987 PHIL BATCHELOR, Clerk, By W C , 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. 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: APR 2 9 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator _.CLJ TO: BOARD-OF SUPERVISORS OF CONTRA CCW*Q?@QKapplication to: Instructions to ClaimantVerk of the Board S1 P,*,me .5�,� ,vio 6 Martinez,California 94553 A. 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, California 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 penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Resery ' g stamps Macy' s California ) "CEIyJQD Against the COUNTY OF CONTRA COSTA) MAR 30 1981 oR or DISTRICT) o ,, (Fill in name ) The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ undetermined at this time. and in support of this claim represents as follows: �. When did the damage or injury occur? (Give exact date and hour] December 23, '1985,- at approximately- 8 : 30 p.m. Macy' s was served with . . a lawsuit by plaintiffs Lewis on January 26, 198711 and Macy' s cause of action for indemnity arose on that date. �. Where did-the damage or. in3ury occur? (Include city and county) Sunvalley Shopping Center, City of Concord, County of Contra Costa. 3. How did the damage or inJury o ils, use extra { sheets if required) See attached Page 1. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The county, the district and its servants and employees negligently constructed, maintained, operated and/or managed Buchanan Field Airport and other public property. The said county, district and its employees and servants are liable in strict liability for maintaining, operating and/or managing the airport and other (over) public property in its dangerous and defective condition. 5. What are the names `of county or district officers, servants fr— employees causing the damage or injury? Unknown at this time 6. What damage or injuries do you. claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See ay-tached Page 1. -7-.--H--ow--w--a-s--th--e-a-m--o-u-n-t- -c-l-a-i---------------- - ----- med above computed- - nclude-t-h--e-e-t-m--ated amount of any prospective injury or damage. ) This is a claim for total indemnity. The amount of damages will be determined by the injured parties ' recovery against this claimant. -------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached Exhibit B . Investigation is continuing with regard to any potential witnesses . The Consolidated First District and Concord Police Department reports converinq the accident list potential witnesses . 9. 3Sb8=uexps es you made on account of this accident or injury. �` y , ITEM investigative AMOUNT ac s %2 'n u red and is incurringsubstantial investi ative gefense costs , ncluding attorneys fees and further may be. subject f6"tne p��nent f damages to injured parties and Macy's seeks indemnification for all such damages . Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or ome person n s ehalf. " 7 Name and Address of Attorney � Daniel M. Crawford, Esq. Claimant i S na ure Carroll , Burdick & McDonough for: Macy 's Cal ' .or s One Ecker Bldg. , Suite 400 P. 0. B lr-51t8 San Francisco, CA 94105 ox Telephone No. 415/495-0500 San Francisco, CA 94120 p Telephone No. 415/954-6014 Attn: William H. Kin , Vice Pres . 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 3. A Beechcraft Baron aircraft crashed into the roof of Sunvalley Chopping Center, killing the pilot and passengers and injuring shoppers in the mall . John Frederick Lewis was a passenger who was killed in the aircrash. The wife and children of John Frederick Lewis are claiming damages as set forth in their complaint filed on June 3, 1986, a copy of which is attached as Exhibit A. 6. Plaintiffs seek general and special damages, funeral and burial expenses, prejudgment interest, costs of suit and further relief as is deemed proper. See Exhibit A attached. Macy' s claim 'is for complete and\or partial indemnity of any recovery against Macy's by the wife and children of John Frederick Lewis claiming damages due to the aircrash. The accident out of which the claim arose occurred on December 23, 1985. The cause of action for indemnity arose on or about January 26, 1987. PubEntCl .Lew LAW OFFICES OF 1 WALKUP, SHELBY. BASTIAN. MELODIA KELLY & O'REILLY 2 A PROFESSIONAL COR►ORATION 650 CALIFORNIA STREET 3 SAN FRANCISCO. CALIFORNIA 9AI08 TELE►NONE (415) 981.7210 4 5 ATTORNEYS FOR PLAINTIFF "` - --- 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 DOROTHY JEAN LEWIS, PAMELA ) JEAN BARRAM, BARBARA KAYE LEWIS) NO. 2817074 10 DEBORAH LYNN LANDES, BRENDA ) ANNE LEWIS, and ANDREW JAMES ) COMPLAINT FOR DAMAGES 11 LEWIS, a minor, by and through ) (Wrongful Death) his Guardian ad litem, ) 12 DOROTHY JEAN LEWIS, ) 13 Plaintiffs, ) 14 VS. ) 15 THE BEECH AIRCRAFT CORPORATION, ) GENERAL AVIATION SERVICES, ) 16 JAMES McGHEEHAN, THE ESTATE OF ) JAMES MOUNTAIN GRAHAM, THE SUN ) 17 VALLEY SHOPPING MALL, R.H. MACY) INC. , THE TAUBMAN COMPANY, INC. ) 18 WELLS FARGO BANK, as trustee of ) THE TAUBMAN COMPANY, INC. , ) 19 CITY OF CONCORD, COUNTY OF ) CONTRA COSTA, DOES ONE through ) 20 THREE HUNDRED, inclusive, ) 21 Defendants. ) 22 23 FIRST CAUSE OF ACTION (Negligence) 24 Plaintiffs complain of defendants, and each of them, and 25 for a First Cause of Action allege: 26 1. The true names or capacities, whether individual, I corporate, governmental or associate of the defendants named 2 ' herein as DOE are unknown to plaintiffs who therefore sue said 3 defendants by such fictitious names. Plaintiffs pray leave to 4 amend this complaint to show their true names and capacities 5 when the same have been finally- determined. 6 Plaintiffs are informed and believe and, upon such information 7 and belief, allege that each of the defendants designated herein 8 as DOE is negligently or otherwise legally responsible in some 9 manner for the events and happenings herein referred to, and 10 negligently or otherwise caused injury and damages proximately 11 thereby to plaintiffs, as is hereinafter alleged. 12 2 . At all times herein mentioned, each and every of the 13 defendants herein was the agent, servant, partner, employee, 14 joint venturer and franchisee of each of the remaining defendants, 15 and at all times acting within the course and scope of said agency, 16 service, partnership, employment, joint venture and franchise 17 and each defendant has ratified and approved the acts of the 18 remaining defendants. 19 3. Plaintiff Dorothy Jean Lewis is the surviving widow 20 of John Frederick Lewis, deceased. Plaintiffs Pamela Jean Bar-ram, 21 Barbara Kaye Lewis, Deborah Lynn Landes, Brenda Anne Lewis, and 22 Andrew James Lewis, a minor, are the surviving children . of John 23 Frederick Lewis, deceased. Said plaintiffs constitute all the 24 heirs at law of John Frederick Lewis. By Order of this Court, 25 Dorothy Jean Lewis has been appointed and is serving as the 26 Guardian ad Litem of Andrew James Lewis, a minor. LAM OFFK[f OI WALKUP.SHELBY.BASTIAN. HELODIA.KELLY&VREILLY -2- 4 PROFESSIONAL CORPORATION NE NARTFORO 4LOG•701H FLOOR 4SO CALIFORNIA STREET SAN FRANCISCO.CA 94108 (4151 9817210 1 4. At all times herein mentioned, defendant Beech Aircraft 2 Corp6ration was a Kansas corporation doing business in the State 3 of California. 4 5. At all times herein mentioned DOES ONE through FIVE 5 were engine manufacturers licensed to do and doing business within 6 the State of California. 7 6. At all times herein mentioned, DOES SIX through TWENTY 8 were instrument or other component manufacturers licensed to 9 do and doing business within the State of California. 10 7. At all times herein mentioned defendants Beech Aircraft 11 Corporation and DOE ONE through DOE TWENTY-FIVE, inclusive, 12 designed, processed, constructed, manufactured, assembled, 13 prepared, selected materials, parts and components, represented 14 to tests and inspect, manage, maintain, repair, service, own 15 and sold a certain twin engine aircraft known as the Beechcraft 16 Baron. 17 8. At all times herein mentioned, defendants and each of 18 them so negligently and carelessly designed, processed, 19 constructed, manufactured, assembled, prepared, selected materials, 20 parts and components, represented to tests and inspect, manage, 21 maintained, repaired, serviced, owned, leased and sold said 22 aircraft and its component parts so as to cause said aircraft 23 on December 23, 1985 to fall and crash into R.H. Macy, Inc. 's 24 store in the Sun Valley Mall in Concord, California thereby killing 25 John Frederick Lewis. 9. At all times herein mentioned defendants Sun Valley LAW ofrlccR or 6 WALKUP.SHELBY,BAS11AN• H[LOOIA.KELLY\O•REILLY —� A/ROF[SSIONAL COR/ORATIOR R[NARTFORO BLDG•DOTR FLOOR 410 CALIFORNIA STREET SAN FRANCISCO.CA 91108 /4151 981.7210 I Mall, General Aviation Services and DOES TWENTY-SIX through FORTY, 2 and €ach of them, were business entities the exact form and nature 3 of which are unknown to plaintiffs who pray leave to amend and 4 insert the same when they are ascertained, but which business 5 entities were at all times doing business within the State of 6 California. 7 10. At all times herein mentioned R.H. Macy, Inc. was a 8 corporation, licensed to do and doing business within the State 9 of California. 10 11. At all times herein mentioned, the Wells Fargo Bank, 11 trustee for The Taubman Company, Inc. , and its predecessors in 12 interest, The Taubman Company, Inc. , a Michigan corporation, 13 and DOES FORTY-ONE through FORTY-FIVE were corporations or other 14 entities doing business in the State of California for the purpose 15 of owning, placing, designing, building, leasing, managing and 16 maintaining the shopping mall known as defendant herein Sun Valley 17 Mall. 18 12 . At all times herein mentioned defendants Sun Valley 19 Mall, R.H. Macy, Inc. , The Taubman Company, Inc. , Wells Fargo 20 Bank as a trustee of The Taubman Company, Inc. and DOES TWENTY-SIX 21 through FORTY-FIVE and each of them, negligently, carelessly 22 and recklessly designed, built and placed a shopping center and/or 23 store that attracts a great number of people on a heavily 24 trafficked air corridor,with known and foreseeable visibility 25 problems due to weather patterns in the vicinity of Buchanan Field Airport in the City of Concord, County of Contra Costa, LAW orncss 00'26 . WALKUP.SHELBY.BASTIAN, . HELOOIA.KELLY!O'REILLY —A— A PROFESSIONAL CORPORATION 'NE IIAATFORO OLOG•30TO!LOOP {SO CALIFORNIA STREET SAN FRANCISCO.CA 9&108 44151 981.7210 I State of California. Said defendants knew or should have known 2 that'"aircraft were likely to and did fly over their mall and/or 3 store, that weather patterns created specific hazards, and that 4 it was foreseeable that an aircraft might crash and/or collide S with said mall and/or store thereby injuring and/or killing patrons 6 on the premises. 7 13 . On December 23, 1986 as a direct and proximate result 8 of the matters aforesaid, an aircraft on a missed approach crashed 9 and fell into the above described mall/store thereby injuring 10 plaintiffs as hereinafter set forth. 11 14 . At all times herein mentioned, defendants City of Concord 12 and the County of Contra Costa were, and are governmental entities. 13 15. Within 100 days of the accrual of the within cause 14 of action, written claims for damages setting forth the matters 15 herein alleged were duly and regularly presented to the County 16 of Contra Costa and to the City of Concord on behalf of plaintiffs 17 in accordance with the appropriate sections of the California 18 government code. Said claims have been denied. This claim is 19 timely filed in the time prescribed by law after the denial of 20 said claim. 21 16 . At all times herein mentioned, the City of Concord, 22 and/or County of Contra Costa and DOES SEVENTY-ONE through 23 SEVENTY-FOUR owned, maintained, operated and controlled Buchanan 24 Field and/or the premises known as and developed as Sun Valley 25 Mall. Said field and mall were negligently and carelessly LAW o„1«,0,26 developed, planned, designed, constructed, operated, maintained AIALKUP.SHELBY.BASTIAN. AELOOIA.KELLY At WREILLY A PROFESSIONAL CORPORATION Q NARTFORO SLOG•30TH FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 94106 11151 9817210 I and controlled by said public entities in a dangerous, defective 2 and ,hazardous condition in that, inter alfa, the airfield and 3 mall were located so close to one another that approach and 4 departure corridors overlapped the mall and that aircraft in 5 poor weather conditions would, be forced to fly over the mall 6 on approaches and/or departures thereby exposing patrons at the 7 mall to the dangers posed by aircrafts malfunctioning on departure 8 and/or landing. 9 17. Plaintiff is informed and believes and upon such 10 information and belief alleges that at all times herein mentioned, 11 defendants and each of them knew or in the exercise of reasonable 12 care should have known of the dangerous, deceptive and defective 13 conditions posed by the proximity of said airport and the Sun 14 Valley Mall. 15 18 . As a direct and proximate result of all of the aforesaid 16 negligence and carelessness, and of said dangerous, defective 17 and deceptive condition posed by Buchanan Field and/or Sun Valley 18 Mall and their proximity there was a reasonably foreseeable risk 19 that aircraft would crash and/or fall into Sun Valley Mall causing 20 others to sustain serious bodily injury or death, as the proximate 21 result of the negligence and carelessness and of said condition 22 of said airfield and mall. 23 19. At all times herein mentioned General Aviation Services 24 and DOES TIVENTY-SIX through FORTY-FIVE owned, serviced, repaired, 25 maintained, overhauled and oversaw the general airworthiness 26 of a certain Beechcraft Baron aircraft referred to above. LA-OFFICtf O♦ WALKUP,SHELBY.BASTIAN. NELOOIA.KELLY A O'NEILLV -6- A PROFESSIONAL CORPORATION 'NE NAATFORO SLOG.•3010 FLOOR •S0 CALIFORNIA STREET SAN FRANCISCO.G 9110E 14I51 981.7210 1 20. Plaintiffs are informed and believe and thereon allege 2 that—at all times herein mentioned, James McGheehan, and DOES 3 FORTY-FIVE through FIFTY-FIVE were the owners, operators, lessors, 4 lessees, or otherwise exercised maintenance or control over a 5 twin engine Beechcraft Baron aircraft referred to hereinabove. 6 21. Plaintiffs are informed and believe and thereon allege, 7 that at all times herein mentioned, James Mountain Graham, 8 deceased, and DOE FIFTY-SIX were the pilot and operator of the 9 aforementioned twin engine Beechcraft Baron aircraft. 10 22 . Plaintiffs are informed and believe, and thereon allege 11 that at all times herein mentioned, James Mountain Graham, 12 deceased, and DOE FIFTY-SIX were piloting and operating the 13 aforementioned aircraft with the full knowledge, consent and 14 permission of defendants and each of them, and at all times herein 15 mentioned, James Mountain Graham, deceased, and DOE FIFTY-SIX 16 were acting within the course and scope of his employment, 17 independent contract or other relationship with defendants and 18 each of them. 19 23 . On, about or prior to December 23, 1985 defendants 20 and each of them, so negligently, carelessly and recklessly owned, 21 operated, repaired, maintained, overhauled, entrusted, navigated, 22 aviated and inspected the above mentioned Beechcraft Baron aircraft 23 so as to proximately cause it to fail, crash and fall into the 24 Sun Valley Shopping Mall on December 23, 1985 and proximately 25 thereby caused the injuries and damages hereinafter described. LAM a.a«.o. 6 24 . At all times herein mentioned DOES FIFTY-SEVEN through WALKUP.SHELBY.BASTIAN. MELOOIA.KELLY B O'REILLY -7- 4 7- A PROrESSIONAL CORPORATION '�E HARTFORD @LDG•70TH FLOOR HO CALIFORNIA STREET SAN FRANCISCO.CA 94108 - 1A151 981.7210 I -SEVENTY were certain architects, designers and engineers the 2 exact' identity of which is unknown to plaintiffs at this time 3 who pray leave to amend and insert said identities when the same 4 are finally determined. 5 Plaintiffs are informed and believe and upon such information 6 and belief allege that at all times herein mentioned defendants 7 DOES FIFTY-SEVEN through SEVENTY were responsible for the design, 8 construction, location and building of the Sun Valley Mall 9 including its safety and escape features. 10 25. At all times herein mentioned, defendants DOES 11 FIFTY-SEVEN through SEVENTY were so negligent and careless in 12 or about the design, location, construction and building of the 13 Sun Valley Shopping Mall that said mall was in a dangerous and 14 defective condition in that it was poorly located, as previously 15 alleged; had inadequate fire fighting, escape and other safety 16 features necessary to protect patrons on or about the premises 17 in the event of fire or other emergency. 18 26. As a direct and proximate result of the negligence 19 and carelessness of DOES FIFTY-SEVEN through SEVENTY and each 20 of them as aforesaid plaintiffs suffered and sustained injuries 21 and damages as hereinafter set forth. 22 27. On or about December 23, 1985 John Frederick Lewis 23 was a passenger in the aforementioned aircraft. 24 28. As a direct and proximate result of all of the aforesaid 25 acts and omissions, negligence and carelessness, the aforementioned LA_o0FIt[11 of 26 aircraft crashed into the Sun Valley Mall on December 23 , 1985, WALKUP.SHELBY.BASTIAN. N[LODIA.KELLY!O•REILLY —8 A►AOFFSSIONat CQRPORA 71a/ v 'N[NA■1FCA0 lLOG•�O1M FLOOR 650 CALIFORNIA STREET SAN FRANCISCO.CA 9.0, 14151 981.7210 I resulting in the death of plaintiffs ' decedent. 2 X29. At all times herein mentioned, Dorothy Jean Lewis was 3 the lawful wife of John Frederick Lewis, and Pamela Jean Barram, 4 Barbara Kaye Lewis, Deborah Lynn Landes, Brenda Anne Lewis and 5 Andrew James Lewis, a minor, were the children of John Frederick 6 Lewis. By reason of the death of John Frederick Lewis, plaintiffs ' 7 decedent, his power to earn and accumulate money and property 8 has been destroyed, and plaintiffs have been permanently deprived 9 of this and of a kind and loving husband and father, and of the 10 care, comfort, love, companionship, services, society, affection, 11 instruction, advice, training, guidance, protection, counsel, 12 support, contributions, inheritance and right of inheritance 13 of said plaintiffs ' decedent all to their damage according to 14 proof. 15 30 . By reason of the death of John Frederick Lewis, 16 plaintiffs incurred funeral and burial expenses in memory of 17 and for plaintiffs ' decedent in an amount that will be determined 18 at time of trial. 19 WHEREFORE, plaintiffs pray judgment against defendants 'as 20 hereinafter set forth. 21 SECOND CAUSE OF ACTION (Strict Products Liability) 22 Plaintiffs complain of defendants, and each of them, and 23 for a Second Cause of Action allege: 24 31 . Plaintiffs refer to, reallege and incorporate by 25 reference as though fully set forth herein each and every LAW OFFICES O126 allegation contained in their First Cause of Action. WALKUP.SHELBY,BASTIAN. M[1O01A.KELLY•0•R[1LLY •P40r(SS,-AL CORPO4ATIOH M(MARTFOROOLOG•70tH(1004 110 CAU101"IA SSR((T SAN FRANCISCO.G 9�t08 - (M SI 961.7210 1 32 . At all times herein mentioned the aforesaid Beechcraft 2 Baro-p-. aircraft, and its component parts were defective and unsafe 3 for their intended purpose by reason of defects in design and 4 manufacture. 5 33 . The defects in design or manufacture of the foregoing 6 aircraft which was designed and/or manufactured by defendants, 7 and each of them, caused said aircraft to crash and thereby 8 proximately caused injury to plaintiffs as aforesaid for which 9 defendants, and each of them, are strictly liable in tort. 10 WHEREFORE, plaintiffs pray judgment against defendants, 11 and each of them, as hereinafter set forth. 12 THIRD CAUSE OF ACTION (Premises Liability) 13 Plaintiffs complain of defendants, and each of them, and 14 for a Third Cause of Action, allege: 15 34 . Plaintiffs refer to, reallege and incorporate by 16 reference as though fully set forth herein each and every 17 allegation contained in their First Cause of Action. 18 35 . Defendants, and each of them, designed, developed, 19 located, built, leased, owned, managed, maintained, and held 20 open for use by the public certain premises, including certain 21 retail stores including R.H. Macy, Inc. , and the various DOE 22 defendants previously described, DOES SEVENTY-FIVE through ONE 23 HUNDRED, Sun Valley Mall, and Buchanan Field. 24 36. At all times herein mentioned the aforesaid Sun Valley 25 Mall,the DOE defendants therein, R.H. Macy, Inc. and Buchanan 26 Field were defective, dangerous and unsafe and posed an LAM O/IIC[A 01 WALKUP.SNELOY.BASTIAN. WELODIA.KELLY A WREILLY _10- A/[OFESSIONAL CORPORATION +.F NARTFORO BLOC.-307.4 FLOOR 4S0 CALIFOARIA STREET SAN FRANCISCO.CA 94108 94151 981 7210 I unreasonable risk of harm to those persons utilizing said premises 2 for''17awful business and non-business purposes. 3 37 . The defects and dangerous conditions of the premises, 4 in design, manufacture, construction and/or location and placement 5 of the foregoing mall, stores; and air field which was designed, 6 manufactured, constructed, built and located by defendants, and 7 each of them, proximately caused the injuries to plaintiffs as 8 aforesaid. 9 WHEREFORE, plaintiffs pray judgment against defendants, 10 and each of them, jointly and severally as follows : 11 1. For general damages that may be proved; 12 2 . For special damages that may be proved; 13 3 . For funeral and burial expenses according to proof; 14 4 . For prejudgment interest as permitted by law; 15 5 . For costs of suit; and 16 6 . For such other and further relief as the Court may deem 17 proper. 18 DATED: 6-2 WALKUP, SHELBY, BASTIAN, MELODIA, 19 ELL O' EILLY i 20 BY UDI J. NTSCHLER 21 RALPfi W. BA TIAN, JR. DANIEL DELL'OSSO 22 23 24 25 26 LAW G..IC[f OF WALKUP SHELBY.BASnAN. —11— NL60DIA.RLllt A O'R[lur A►R«LSSIONAL CORPORATION tN("1111FORD OLM•3014 FLOOR 450 CALIFORNIA ST RL Li SAN FRANCISCO,G 9410e 94151 Sal-72t0 MAcY'S SUN VALLEY HALL CR-ASH Arbelaez, Deanna Armsden, Vincent H. Bonella, Jina Borque, Joseph Camcan, Ann Church, Larry Conner, Brian Crouch, Jonathan L. Davis, Kathy Doty, Margaret Dunn, Dayle Elliott, Vern Eros, Charlotte Evangelista, Danielle Evangelista, Stephanie Evans, Diane Gliandon, Davis Graham, James Grehl, Wayne Guadagni, Wendy Hamilton, Lynn Howe, Timothy Jacobsen, James Jacobus, Brett Jamash, Aaron Jamash, Fatima Johnson, Anthony MACY'S SUN VALLEY HALL CRASH Kaify, Mohamed Lang, Richard Larsen, Pat Lewis, Mack.— Lodge, Christina Lodge, Cindy Lodge, Gary Lodge, Julie Ann Lucchese, Nancy Lucchese, Peter Lui, Kenneth Lui, Kenneth Lui, Virginia Luong, Alexander Maderos, Kim Molina, Marial Murray, James Oliver, Brian On, Ann Patterson, Merle Pellegrina, Gian Ploughman, Janet Plowman, Clorene Pruett, Richardson, James Roberson, Kenneth Rodreguez, David .ni.AA.I ANLL L AZ)h -Sadler, Kelly Sadler, Pamela Sadler, Sabrina Santos, Edward . 1 Seiffert, Gregory Sellars, Patricia Shah, Chandra Shah, Chandrika Shaw, Kunjavadan Sheppie, Ruth Shiehan, William Sodaro, Susan Stanford, Pam Stratton, Shannon Suzuki, Kenji Taylor, Nora Thompson, Heather Tillmany, FNU Trice, Jarrod Trice, Susan Wagner, Timothy Wells, Allan White, Carolyn Widdrick, Robert Wilson, Michael Wood, Timothy Woodson, Matthew CLAIM �. n BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the' Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 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: W0, 000. 00 Section 913 and 915.4. Please note all °W h1ftty Co l"ul CLAIMANT: JON t,TEISHEIT AND JANET WEISHEIT 1 APN,3:0 1987 c/o Christopher J. Joy Marttnez A 5- 1 ATTORNEY: Russell, Joy & Feinberg �J4 :,; 1 Kaiser Plaza #2135 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON March 26 , 1987 BY MAIL POSTMARKED: March 25 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 27 , 1987 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 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: �. /y s:z BY: al�//UCounty 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 XThis 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. APR 2 8 1987 Dated: PHIL BATCHELOR, Clerk, 8y , 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. 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 showwn,'4pgye. APR 2 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator March 24 , 1987 r TO: County of Contra Costa Clerk of Board of Supervisors 651 Pine Street Martinez, California 94553 Jon Weisheit and Janet Weisheit hereby make claim against the County of Contra Costa for the sum of $300 , 000. 00 and make the following statements in support of the claim: 1 . Claimants ' post office address is 38 St. Stephens Drive, Orinda, California 94563 . 2 . Notice concerning the claim should be sent to Christopher J. Joy, Russell, Joy & Feinberg, Suite 2135, One Kaiser Plaza, Oakland, California 94612 . 3 . The date and place of the occurrence giving rise to this claim are February 12, 1987 , on the drainage easement between 38 St. Stevens Drive and 40 St. Stephens Drive, situated in Orinda, California. 4 . The circumstances giving rise to this claim are as follows : On or about February 12, 1987, the concrete "V" ditch forming part of the drainage easement between St. Stephens Drive and the 20 ' drainage easement (creek) through claimants ' property collapsed, causing severe sliding and erosion of the land adjacent to claimants ' home, destruction and collapse of a large tree and endangering the foundations of claimants ' home. Such collapse and subsequent sliding and erosion occurred as a result of a dangerous condition of public property on St. Stephens Drive and failure to adequately construct and/or maintain the drainage easement adjacent to claimants ' property. 5. Claimants ' injuries include : '.A. Destruction of the side yard of claimants; property and imperilment of claimants ' residence "- thereon; B. Diminution in fair market value of claimants ' 'real property even if repairs are made to ,remove slide debris and eliminate danger to structures; C. Mental and emotional distress suffered by claimants; or in the alternative; D. Inverse condemnation of claimants ' property resulting in a total taking thereof by. a public entity. 6 . The names of the public employees causing the claimants ' injuries are unknown at this time. 7 . The amount claimed as of the date of this claim is $300, 000. 00 . 8 . The basis of compilation of the above amount is as follows: A. Removal of slide debris and restoration of side yard and protection of foundation: $ 50, 000. 00 B. Diminution in Fair Market Value after (A) above completed: $150, 000 . 00 C. Mental and Emotional Distress Suffered by Claimants: $100 , 000 . 00 Total $300, 000. 00 In the Alternative: D. Fair Market Value of Property Taken by Inverse Condemnation: $300, 000.00 Dated: / L RUSSELL, JOY & FEINBERG By ristop r o h - Attorney yfor Clai n s A. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28, 1987 -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: Unspecified Section 913 and 915.4. Please note all "WarningE"�ou , CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTOR OF THE ESTATE OF JAMES M. G0U,7ss1 c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenney, Esq. `3.Q 1 8? 'Moris -Davidovitz, Esq pate received M�rrrne2' e 9 ADDRESS: 4 Embarcadero Center BY DELIVERY TO CLERK ON March 25 , 1987 �4J4�v`� 25th Floor San Francisco, CA 94111-413%y MAIL POSTMARKED: march 23, 1987 Certified P 017 990 389 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED- March 27 , 1987 gqIL ELOR, Clerk gATCH: Deputy L. Hall 11. 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: / BY:-n e y County Counsel 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. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in i.ts minutes for this date. APR 2 8 1987 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. 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. APR 2 9 1987 Dated: BY: PHIL BATCHELOR by X/z�Deputy Clerk CC: County Counsel County Administrator i STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. REcEIVED LAW OFFICES OF 1 FISHER 8 HORST 44R FOUR EMBARCADERO CENTER SAN FRANCISCO. CALIFORNIA 94111L 2 .TELEPHONE (415) 958-8000 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 ) V. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 ) Respondent. ) 16 ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows : 23 DOROTHY A. GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq. 26 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport . All three occupants of said aircraft were killed in the crash. Atlantic Financial Savings Bank fka 9 First United Thrift and Loan, a California corporation, claim to have been injured in the crash, which occurred at the Sun 10 Valley Mall, located in the City of Concord, County of Contra Costa, California. 11 4 . The County of Contra Costa is responsible for the 12 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 13 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 14 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 15 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 16 vicinity of the airport. 17 5 . On December 22, 1986, a complaint for damages was filed in the Superior Court of the State of California, In and 18 For the County of Contra Costa, by Atlantic Financial Savings Bank fka First United Thrift and Loan, a California 19 corporation. (A true andcorrect copy of said complaint, Action No. 295109, is attached hereto as Exhibit "A" , and 20 incorporated herein by reference) . The complaint alleges, inter alfa, that on December 23, 1985, decedent James M. 21 Graham and others negligently operated and controlled the subject aircraft, causing it to crash while attempting a 22 landing at the Concord Buchanan Airport. Said complaint was served upon claimant, Estate of Graham, on or about February 23 27, 1987. 24 6 . If, in fact, plaintiff Atlantic Financial Savings Bank fka First United Thrift and Loan, a California 25 corporation, sustained damages as alleged in its complaint in Action No . 295109 , said damages were caused by the primary and 26 active negligence or other fault of the County of Contra -2- 1 Costa. Claimant, therefore, alleges that it is entitled as a matter of law to indemnity from the County of Contra Costa for 2 any judgment or settlement in favor of plaintiff Atlantic Financ�a-1 Savings Bank fka First United Thrift and Loan, a 3 California corporation, together with claimant ' s attorneys ' fees and costs . 4 7. Further, if claimant is liable to plaintiff Atlantic 5 Financial Savings Bank fka First United Thrift and Loan, a California corporation, it will be because of the comparative 6 negligence or other fault of the County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa 7 is required by law to contribute to the amount of any judgment or settlement in favor of plaintiff Atlantic Financial Savings 8 Bank fka First United Thrift and Loan, a California corporation, in accordance with the comparative degree and 9 nature of its fault in causing said plaintiff ' s damages, if any, and is required to reimburse and indemnify and hold 10 claimant harmless for the amount of any such judgment or settlement which is in excess of claimant ' s proportional share 11 thereof, if any, as determined by the comparative degree and nature of the respective fault in causing plaintiff ' s damages, 12 if any. 13 8 • As of the date of the filing of this claim, the extent of the damages and injuries incurred by plaintiff in 14 the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 15 9 . At the present time, the identity of the employee or 16 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 17 dangerous conditions, is unknown to claimant. 18 10 . At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 19 plaintiff in Contra Costa County Superior Court Action No. 295109 , (the total amount of which is presently unknown to 20 claimant) and recognition of the duty of the County of Contra Costa to provide a defense to and indemnify claimant for any 21 and all damages, costs, and attorney' s fees it may suffer as a result of the complaint brought by plaintiff Atlantic 22 Financial Savings Bank fka First United Thrift and Loan, a California corporation, against claimant, in Superior Court 23 24 25 26 -3- 1 Action No. 295109, filed in the Contra Costa County Superior Court. RATED: March ;!,Z,-1-987. 3 FISHER AHU T 4 \\V BY: 5 SCOTT 5. RAPHAEL, Attorneys for Claimant, DOROTHY A. 6 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM, 7 Deceased. 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 - 24 25 26 -4- ' * CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY+ CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION ,the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 28 , 1987 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: -Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTOR OF THE ESTATE OF JAMES 1I. J__ HA?? c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenny, Esq. `1'C Moris Davidovitz , Esq Date received ADDRESS: 4 Embarcadero Center BY DELIVERY TO CLERK ON March 25 , 1941/7_ .1y 25th Floor March 23 , 1987 San Francisco, CA 94111-4132Y MAIL POSTMARKED: C Certified P 017 990 390 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ( D March 27 , 1987 ppHHIL BATCHELOR, Clerk , /%�► C____� DATED: BY: Deputy L. Hall II. 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: '7, BY: c-c� CAL.C.L�'§puf3county 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 (x) 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: OR 2 8 1987 PHIL BATCHELOR, Clerk BY Deputy utY Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have 9nly 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. 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: APR 2 9 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF FISHER 8 HORST 1 FOUR EMBARCADERO CENTER �� O SAN FRANCISCO, CALIFORNIA 94111 2 7J-,.TELEPHONE (415) 956.6000 O 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 ) V. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 ) Respondent . ) 16 ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows : 23 DOROTHY A. GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq. 26 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Stephan Evangelista, Catherine 9 Evangelista, Danielle, Stephanie and Justin Evangelista, minors by and through their Guardian Ad Litem, Lourdes 10 Evangelista, Stephanie and Danielle Evangelista claim to have been injured in the crash, which occurred at the Sun Valley 11 Mall, located in the City of Concord, County of Contra Costa, California. 12 4 . The County of Contra Costa is responsible for the 13 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 14 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 15 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 16 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 17 vicinity of the airport. 18 5 . On July 18, 1986, a complaint for damages was filed in the Superior Court of the State of California, In and For 19 the County of Alameda, by Janet Plowman and . Clorene Plowman. (A true and correct copy of said complaint, Action No. 20 606782-7, is attached hereto as Exhibit "A" , and incorporated herein by reference) . The complaint alleges, inter alia, that 21 on December 23 , 1985, decedent James M. Graham and others negligently operated and controlled the subject aircraft, 22 causing it to crash while attempting a landing at the Concord Buchanan Airport. Said complaint was served upon claimant, 23 Estate of Graham, on or about January 14, 1987. 24 6 . If, in fact, plaintiffs . Janet Plowman and Clorene Plowman, sustained damages as alleged in their complaint in 25 Action No. 606782-7, said damages were caused by the primary and active negligence or other fault of the County 26 -2- 1 of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to indemnity from the County of 2 Con'tra Costa for any judgment or settlement in favor of plaintiLf.fs, Janet Plowman and Clorene Plowman, together with 3 claimant ' s attorneys ' fees and costs . 4 7. Further, if claimant is liable to plaintiffs, Janet Plowman and Clorene Plowman, it will be because of the 5 comparative negligence or other fault of the County of Contra Costa. Accordingly, claimant alleges that the County of 6 Contra Costa is required by law to contribute to the amount of any judgment or settlement in favor of plaintiffs, Janet 7 Plowman and Clorene Plowman, in accordance with the comparative degree and nature of its fault in causing said 8 plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless for the amount of any 9 such judgment or settlement which is in excess of claimant ' s proportional share thereof, if any, as determined by the 10 comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 11 8 . As of the date of the filing of this claim, the 12 extent of the damages and injuries incurred by plaintiffs in the above-mentioned action is unknown to claimant, and will be 13 determined in the aforementioned, pending litigation. 14 9 • At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 15 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant . 16 10. At the time of the presentation of this claim, 17 claimant seeks the total amount of potential recovery by plaintiffs in Alameda County Superior Court Action No. 18 606782-7, (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra 19 Costa to provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a 20 result of the complaint brought by plaintiffs Janet Plowman and Clorene Plowman, against claimant, in Superior Court 21 Action No. 606782-7, filed in the Alameda County Superior Court . 22 DATED: March X1987. 23 FISHIF4 URS 24 BY: 25 .SCO PHA ttorneys for Claimant, DOROTHY:,A. 26 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM, Deceased. -3- J CLAIM BOARD OF SUPER:ISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Aga?nst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AD r i 1 28 , 1987 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DOROTHY A. GRAHAM, AS THE EXECUTOR OF THE ESTATE OF JAMES M. G HA21 c/o Fisher & Hurst ATTORNEY: Attn: Stephen C. Kenney, Esq. Z Moris Davidovitz , Esq.Date received � fl'•,� un,� ADDRESS: 4 Embarcadero Center BY DELIVERY TO CLERK ON March 25, 1987',IQ 25th Floor ez � San Francisco, CA 94111-41326Y MAIL POSTMARKED: Larch 23 , 1987 Certified P 017 990 388 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March "27 , 1987 eH IL BATCHELOR, Clerk DATED: BY: Deputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) 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: &� BY: / ep�ty County Counsel I11. 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 (X) 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: APR 2 8 1987 PHIL BATCHELOR, Clerk, By GCe--/ 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. 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: APR 2 9 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator A' M STEPHEN C. KENNEY, ESQ. MORIS DAVIDOVITZ, ESQ. LAW OFFICES OF 1 FISHER 8 DURST FOUR EMBARCADERO CENTER •� J SAN FRANCISCO. CALIFORNIA 94111 2 �-IrELEPHONE (415) 956-8000 Ohre 3 4 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 ) V. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 Respondent. ) 16 ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910.4 . 22 1. The name and post office address of the claimant is as follows : 23 DOROTHY A. GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. Moris Davidovitz, Esq. 26 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- 1 2 . The post office address to which claimant desires not.ice of this claim to be sent is as follows : Stephen C. Kenney, Esq. 3 Moris Davidovitz, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Robert and Nancy Oliver claim to have 9 i been injured in the crash, which occurred at the Sun Valley Mall, located in the City of Concord, County of Contra Costa, 10 California . 11 4 . The County of Contra Costa is responsible for the design, construction, maintenance, operation, and 12 certification of the Concord Buchanan Airport, and control of its use. The County of Contra Costa is further responsible 13 for the certification, permission, approval, and the provision of zoning and ordinances permitting the construction of the 14 Sun Valley Mall, attracting a great number of persons, in close proximity to the Buchanan Field Airport, and below and 15 directly within a heavily traveled air corridor in the vicinity of the airport. 16 5 . On September 11, 1986, a complaint for damages was 17 filed in the Superior Court of the State of California, In and For the County of Contra Costa, by Robert and Nancy Oliver. 18 (A true and correct copy of said complaint, Action No. 290977, is attached hereto as Exhibit "A" , and incorporated herein by 19 reference) . The complaint alleges, inter alia, that on December 23, 1985, decedent James M. Graham and others 20 negligently operated and controlled the subject aircraft, causing it to crash while attempting a landing at the Concord 21 Buchanan Airport . Said complaint was served upon claimant, Estate of Graham, on or about January 14, 1987. 22 6 . If, in fact, plaintiffs Robert and Nancy Oliver 23 sustained damages as alleged in their complaint in Action No. 290977,'' said damages were caused by the primary and active -= 24 negligence or other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter 25 of law to indemnity from the County of Contra Costa for any judgment or settlement in favor of plaintiffs, Robert and 26 -2- 1 Nancy Oliver, together with claimant ' s attorneys ' fees and costs . 7. Further, if claimant is liable to plaintiffs, 3 Robert'- and Nancy Oliver, it will be because of the comparative negligence or other fault of the County of Contra Costa. 4 Accordingly, claimant alleges that the County of Contra Costa is required by law to contribute to the amount of any judgment 5 or settlement in favor of plaintiffs, Robert and Nancy Oliver, in accordance with the comparative degree and nature of its 6 fault in causing said plaintiffs ' damages, if any, and is required to reimburse and indemnify and hold claimant harmless 7 for the amount of any such judgment or settlement which is in excess of claimant 's proportional share thereof, if any, as 8 determined by the comparative degree and nature of the respective fault in causing plaintiffs ' damages, if any. 9 8 . As of the date of the filing of this claim, the 10 extent of the damages and injuries incurred by plaintiffs in the above-mentioned action is unknown to claimant, and will be 11 determined in the aforementioned, pending litigation. 12 9 . At the present time, the identity of the employee or employees of the County of Contra Costa who caused the 13 creation and continued existence of the aforementioned dangerous conditions, is unknown to claimant. 14 10. At the time of the presentation of this claim, 15 claimant seeks the total amount of potential recovery by plaintiffs in Contra Costa County Superior Court Action No. 16 290977, (the total amount of which is presently unknown to claimant) and recognition of the duty of the County of Contra 17 Costa to provide a defense to and indemnify claimant for any and all damages, costs, and attorney' s fees it may suffer as a 18 result of the complaint brought by plaintiffs Robert and Nancy Oliver against claimant, in Superior Court Action No. 290977, 19 filed in the Contra Costa County Superior Court. 20 DATED: March 1987. 21 ER FISHH ST BY. 22 ___.. BY: . RAPHAEL, Attorneys for Claimant, DOROTHY A. 23 GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM, Deceased. 25 26 -3- ( r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,Claim Against the County, or District governed by) BOARD ACTION tf,e Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 2$, 1987 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: $180. 50 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ANTHONY RAY JAMES 3110 Rose Court ATTORNEY: Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON March 27 , 1987 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL BATCHELOR, Clerk DATED: March 30, 1987 : Deputy L. Hall 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: dpe2-4-� � `90 BY: puty 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. p np Dated: APR 2 8 1987 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. 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: Q PR 2 9 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAI14 TO:• BOARD OF SUPERVISORS OF CONTRA COp LrrF licationto: Instructions to ClaimantC!erk of the Board .O.Box 911 Martinez.California 94553 A. 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 *ction. '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, California 94553. C. If claim is against a district governed by the Board of Supervisors, ',.* _ rather than the County, the name of the Distript should be filled in. D. If the claim is against more than one public entity, separate claims a 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 b y ;Rese wskiing stamps RECEIVED lu4te Against the COUNTY OF CONTRA COSTA) MAR 17 �/ or DISTRICT) (Fillin name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: orinjury occur?I Whendidthe damage e exact date and hour] . -------------- -------_-� �.- W�iere aid tie damage or in3ury occur? (Include city and county) L-os P� L PFC6 �2 3. How did the damage or injury occur? Z ive dull 3e aids, use extra sheets if required) Ct , � sQs' 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) k 5. What are the names of county or district officers, servants or employees causing the damage or injury? _ L p2opr e c s, _•'-=-�-- --►--T- - -----r- -�- - --i-- - --Tip 6. jqU damage or �n�uries-do you claim resulteo? ZG�ve full ext nt .of injuries of damages claimed. Attach two estimates for auto ' ' damage) ���� ,-tom ' }� © ��• �►� .:_ FC�-CL 7. How was the ount claimed above computAd?W(Include the estimated - amount of any prospective injury or damage. 6. Names and addresses of witnesses, doctors ,.and hose-itals,-.___._�__ : _ . . ., .� �. List -hrgy made on account of this accident or zn0ury: A ►. ITEM AMOUNT OIL et.:,tl�+:,t rta NrW M:s: Govt. Code Sec. 910.2 provides: .."The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney G ( S Clay nt s Signature . . Address Telephone No. Telephone No. 228• IS(JO VOTICE - 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, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION ,the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 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: $300, 000. 00 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: SERENA LYNN TURCHIE c/o .Tack C. Runnion APR,] 11987 ATTORNEY: Attorney at Law Watergate Tower Date received MGrtineT,� ,� J 5c3 ADDRESS: 1900 Powell St. , #101 BY DELIVERY TO CLERK ON March 31 , Emeryville, CA 94608 BY MAIL POSTMARKED: March 30, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: April 13, 1987 �b: Deputy �L L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) 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: Of Dated: /6; `g 8 By Cy County Counsel _7 ' 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 X) 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. o Dated: APR 2 $ 1987 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. 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. 7 Dated: APR 29 W;► BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator 1 . r' 1 RECEIVED 1 JACK C. RUNNION ATTORNEY AT LAW AR ./1981 2 PROFESSIONAL LAW CORPORATION c. WATERGATE OFFICE TOWER 1900 POWELL STREET e T ELOR ISORS 3 EMERYVILLE, CALIFORNIA 94608-1811 (415) 420-1122aw 4 ATTORNEY FOR SERENA LYNN TURCHIE 5 6 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 SERENA LYNN TURCHIE 10 CLAIMANT / 11 SERENA LYNN TURCHIE, hereby submits her claim for bodily injuri s 12 to the Clerk of the Board of Supervisors of Contra Costa County. 13 1. Name and address of Claimant: Serena Lynn Turchie, 48 E.Bol - 14 ton Rd. , Oakley, Ca. 94561. 15 2. Name and address to which notices are to be sent regarding 16 this claim: Jack C. Runnion, Attorney at Law, Watergate Tower, 1900 17 Powell St, no. 101, Emeryville, Ca. 94608 18 3. Name of County Employee causing Claimant' s injuries: Unknown 19 4 . Nature and Description of Circumstances: On Dec. 20 , 1986, 20 Claimant was driving her motor vehicle along and upon highway 4 nea 21 Discovery Bay East bound near the Baldwin Ranch, at which time and 22 place the County of Contra Costa negligently, carelessly and reck- 23 lessly designed, constructed, maintained said highway 4 so as to 24 cause it to be a dangerous and defective condition in that among 25 other things, said higway was too narr6w &;t,aanTev6 fot.1•iLa to traffic 26 and had a drop-off on the right side of the pavement and as a direct 1. i and proximate result thereof Claimant' s tire dropped off of . the 2 right side of the pavement proximately causing her to lose control 3 of her- motor vehicle proximately causing . said motor vehicle to turn 4 over proximately causing Claimant severe bodily injuries and emotion 1 5 distress. The County of Contra Costa also negligently, carelessly 6 and recklessly failed to post warning signs and restrict the speed 7 limit of motor vehicles using said portion of highway no. 4 which 8 negligence also proximately caused Claimant' s vehicle to drop off 9 the right side of said highway no. 4 and go out of control:l 10 5. Claimant claims general damages in the sum of $250 ,000. 00 11 and special damages for medical expenses in the sum of $50, 000 . 00 12 and special damages for future medical care and loss of earnings and 13 loss of earning capacity. 14 6 . Computation of the general damages is for permanent bodily 15 injuries and physical and emotional pain and suffering and special 16 damages for medical care and loss of earnings. (7 Dated: March 30, 1987. l 18 BY-__ J CK C. RUNNION ATTO 19 OR CLAIMANT, 20 21 22 23 24 25 26 JACK C.RUNNION Attorney At IAw Rofeuiotul Jaw Corporation 2. j + VERIFICATION , STATE OF CALIFORNIA, COUNTY OF I, the undersigned, say (check applicable paragraph): ❑ I am a party to this action. 1 have read the above document and know its contents.The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief,and as to those matters 1 believe them to he true. ! 1 am an officer a partner of a party to this action,and am authorized to make this verification for and on its behalf,and I make this verification for that reason. 1 have read the above document and know its contents. 1 am informed and believe and on that ground allege that the matters stated in it are true. DI am one of the attorneys for a party to this action.Such party is absent from the county aforesaid where such attorneys have their office,and I make this veri- fication for and on behalf of that party for that reason. I have read the above.document and know its contents.1 am informed and believe and on that ground allege that the matters stated in it are true. Executed on 19 . at California. I declare under penalty of perjury that the above is true and correct. (Signature) Suhscribed and sworn to before me this day of 19 . Notary Public in and for said County and State ACKNOWLEDGMENT OF RECEIPT Received cope of the above document on 19 (Signature) PROOF OF SERVICE BY MAIL I am a resident of or employed in the county aforesaid;l am over the age of 18 and not a party to the within action;my busi- ness(Residence address is Watergate Office Tower, 1900 Powell St. , Suite 101 Emeryville, CA 94608 On 3/30/ 1987 , I served the within Claim for Damages on C erk, Bd. " Superyisow So this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Emprymi 1 1 e f'a addressed as follows: Clerk, Board of Supervisors of Contra Costa County Administration Bldg. 651 Pine St. , Martinea, Ca. 94553 Executed on 1,Z 3 0, 19 2 7 ,19 87 at Emeryville ,California. (check applicable paragraph below) a (State) 1 declare under penalty of perjury that the above is true and correct. . a (Federal) 1 declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 6 CK C RMqAItt3turc) PAR04 1 nR%l wi 1R1 vrrirm-Wm.Rr q"Rad Pr—f V 2 R 11 IN PFR - CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim*Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 &nd Board Action. All Section references are to ) The copy of this document mailed to you is yo6w.notice of California Government Codes. ) the action taken on your claim by the Board of" f i�pilieojrl (Paragraph IV below), given pursuant to Goverp nt Code J`) Amount: $1, `000, 000 . 00 Section 913 and 915.4. Please note all "Warnlin s'":3 U 19" CLAIMANT: CHARLES E. WALLIS, JR. PvMartrre_-, CA c/o Riess & Riess ATTORNEY: 1460 Maria Lane, #320 Walnut Creek, CA. 94596 Date received March 26, 1987 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: March 25 , 1987 Certified P 057 335 030 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: March 27 , 1987 ��: Deputy Wez I —z—, L. Hall II. 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: 1 � �� �YY�7 BY:� t.LCL�.d�t1LQBputy County Counsel II1. 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 (x) 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. APR 2 8 1987 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, 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 tice to Claimant, addressed to the claimant as shown above. APR 2 9 1987 //��//' Dated: BY: PHIL BATCHELOR by ze-L- "eputy Clerk CC: County Counsel County Administrator t i I Riess & Riess 1460 Maria Lane, Suite 320 2 Walnut Creek, CA 94596 3 ( 415 ) 944-1970-', [ REC.EIVE]D Attorneys for Wallis M 4 r 5 ' K � A 6 Charles E. Wallis, Jr. " 7 Claimant, 8 vs. 9 Contra Costa County Water District, Contra 10 Costa County Water Agency and City of Concord, 11 Public Entities. 12 / 13 CHARLES E. WALLIS, JR. hereby presents this claim to the 14 CONTRA COSTA COUNTY WATER DISTRICT, CONTRA COSTA COUNTY WATER 15 AGENCY and the CITY OF CONCORD pursuant to section 910 et. seq. of 16 the California Government Code. 17 1. The name and post office address of claimant is: 18 Charles E. Wallis, Jr. 6 Plateau Court 10 Hercules, CA 94547 20 2. All correspondence and notices regarding this claim 21 should be directed to the law offices of Riess & Riess,. 1460 Maria 22 Lane, Suite 320, Walnut Creek, CA 94596 . 23 3 . On February 20, 1987 , on Willow Pass Road near its 24 intersection with Fry Way in Concord, claimant sustained personal 25 injuries when the vehicle he was driving fell into an open hold-din 26 the roadway as a result of a dangerously constructed and 27 maintained metal plate located in the roadway. 28 // 1 1 4. Claimant was thrown about the vehicle and struck his 2 head, neck and back and sustained various serious bodily injuries. 3 5. The names of the public employees responsible for these 4 circ&ftStances are not currently known. 5 6. Claimant has incurred medical expenses, and will 6 continue to incur medical expenses in the future, in an amount not 7 yet determined. Claimant has also sustained pain, suffering and a 8 loss of earning potential as a result of this accident. The 9 amount claimed as of the date of presentation of this claim is ^� I 10 $1 ,000,000. 11 Dated: /�' Steven "Riess 12 Attorney for Wallis 13 14 15 16 17 18 19 20 21 22 23 24 25 - 26 27 28 2 1 r 1 PROOF OF SERVICE BY MAIL 2 I, Steven Riess, declare: 3 I am a resident of Contra Costa County, California. I am 4 over the age of eighteen years and I am not a party to the within 5 action. My business address is 1460 Maria Lane, Suite 320 , Walnut G Creek, California 94596 . On the date indicated below I served the 7 attached document indicated below on all parties of record in this 8 action by placing a true copy enclosed in a sealed envelope with 9 postage fully prepaid, in the United States mail at Walnut Creek, 10 California addressed as follows: 11 12 Contra Costa County Water District CERTIFIED - RETURN RECEIPT P.O. Box H2O P 057 335 029 13 Concord, CA 94524 14 Contra Costa County Water Agency CERTIFIED - RETURN RECEIPT 651 Pine Street, Room 106 P 057 335 030 15 Martinez, CA 94553 16 City of Concord CERTIFIED - RETURN RECEIPT 1950 Parkside Drive P 057 335 031 17 Concord, CA 94519 18 Document: GOVERNMENT TORT CLAIM 19 20 21 22 23 24 25 I declare under penalty of perjury under the laws of the 26 State of California that the foregoing i;s t u� and correct. 27 Dated:/41ak a(-,, (c1 .7 ? S-t( e ices 28 CLAIM BOAPD OF "uPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing.Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 28 , 1987 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: $48 - 7 6 Section 913 and 915.4. Please note all "Warn tsto uht� L'OLIRS�J CLAIMANT: DAVID C. THOr'iSEid 531 W. Central Ave. MAR.3.0 1987 ATTORNEY: Tracy, CA 95376 �loartrne� Date received March 25 , 1987 , CA 945`� ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: March 19 , 1937 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 27, 1987 ��IL BATCHELOR, Clerk DATED. : Deputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) 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: Gated: BY: County Counsel 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). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (X) 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. APR 2 8 1987 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. 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: APR 2 9 1967 BY: PHIL BATCHELOR by >(IZ,�__Z4e Deputy Clerk CC: County Counsel County Administrator C7 IM T0: ABOARD OF SUPERVISORS OF . CONTRA CO e 'u-RUT1`ih i nppllcr.tion to L � Instructions tc Claimant Clerk of the Boarc P. C. Box 911 C s relatinc t� causes o_ o MJartrnez, Caiifom�e 6433 laim _ r actior for c a h or moo_ 7niu_y to person or to personal property or grow-inc 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 :resentee not later than one near after the accrual of the cause of action. (Sec. 911. 2 , Govt Code) B. Claims tffust be filed with the Clerh of the Board of Suaervisors at it-s office i^ Room 106 , County Administration Building, 651 Pine Street , Martinez , Califor.:ia 94553 . C. c_.=-rr. _s aai;_nst a dis-r. ct ccve_nEc by the Board of Supervisors rat her than the COunty, the nan, e cf t!1E D. iStrlC:t shbu1d be filled in. :. __ -_'ne c_air, is against, more than one p;:b_ic esti t-v, se�Darate claims mus-:i be filed against each -oublic entity. E. 'Fraud. See penalty for fraudulent ::aims , Penal Code Sec. 72 at en,: =C)rm. RE: Clair.. by ) .Reserved for Clerk' s filinG stamps 041 G 7 ll ori;fell) ""�"" '•w"' 1 RECEIVED h-a. t .he COUNT' OF ('ONmR. COS' ' ) 1 / or DISTRICT) A. oR (Fill in name) "" A T.. 4,0. it 8 The undersicned claimant hereby make=_ claim against the County of Contra Costa or the above-named District in the sur --f $ �L/ Z� and ir. su-_Dort of this claim recresents as follows . 1 - ��.mage or i n �` v occur?- When did the Qwive exact date and Flour) ---- 2 . wnere did the damage or injury occu ? (Include city an ra county) ----------------- 3 . How the damage or injury occur? (Give full details, use extra sheets if required) Sal-Peme sTok AY Shoef ow' l9,p,�' 1n-1 Ptvle/'7y k9 5 ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? \ (over) 5.,:f• What: ar.e.,the::names' of county or district officers, servants or ei*loyees;cai;sing the damage or injury? - -- ------------ --- ------------------------------------------ 6. Wh-at--damage--------or--injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) - - -J-S�-- --------------------------------------------- 7-.--H-ow--w-as the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) --------- ------------------- ------- 8. Names and addresses of witnesses , doctors and hospitals. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimar. SEND NOTICES TO: (Attorney) or by some person on his behalf. Name and Address of Attorney Claimant' s Si nature Address Telephone No. Telephone No q1 9.?2 03,1y 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, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, vouches or writing, is guilty of a felony. " .M i vi: E REG n r Cl!in in.. _ i'iir.Mrr_ •i' AQ (�!_, l.� = r'i iCT �I SLLC CAi-TRr,:' lil'i i�t i'. L ' - -- - i C,' "0 x. r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA , Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 28 1987 . and Board Action. All Section references are to ) The copy of this document mailed to y u is your Aotice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $25, 000. 00 Section 913 and 915.4. Please note all "Warnieigiu.nty CrunsS;j CLAIMANT: JOHN WAYNE FORTENOT MIAR,3•0 1987 c/o Danny Stokes, Esq: Martinez, , ATTORNEY: 505 Fourteenth St. , #1180 , CA 94,,:5., Oakland, CA 94612 Date received ADDRESS: BY DELIVERY TO CLERK ON March. 27 , 19.87 BY MAIL POSTMARKED: March. 26, 198 Certified P 200.691 118 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P IL BATCHELOR, Clerk DATED: March 27 , 19.87 B�: Deputy _X/_ L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors f"/� 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: / BY: eputy County Counsel 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. BOARD ORDER:. By unanimous vote of the Supervisors present (J�) 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: APR 28 19RZ 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. 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 a Noti a to C aimant, addressed to the claimant as shown above. Dated: APR 2 9 1987 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator RECEIVED 1 ROBERTS & STOKES 2 Attorneys at Law MARo2'1997 DANNY STOKES, Esq. 50,5 Fourteenth Street, Suite 1180 c� *Nq 3 Oakland, CA 9461211 �mtll 4 Teleptf&he: (415)655-5722 5 Attorneys for Claimant CERTIFIED MAIL JOHN WAYNE FORTENOT RETURN RECEIPT REQUESTED 6 7 TO: Contra Costa County Board of Supervisors 651 Pine Street, Room 106 8 Martinez, CA 94553 9 10 JOHN WAYNE FORTENOT, hereby makes claim against Contra 11 Costa County for the sum of $25, 000. 00 and makes the following 12 statements in .support of this claim: 13 1. Claimant's post office address is 148 South 11th Street, 14 Richmond, California 94804. 15 2 . Notices concerning the claim should be sent to the Law 16 Office of Roberts & Stokes at the below listed address: 17 Danny Stokes, Esq. 505 Fourteenth Street, Suite 1180 18 Oakland, CA 94612 19 3. The date and place of the occurrence giving rise to this 20claim are December 31, 1986 at the Martinez County Jail. 21 4 . The circumstances giving rise to this claim are as 22 ollows : On the above date and time claimant slipped and fell 23 sustaining injury to his testicles, back and arms , among other 24 hings . Claimant then requested but was not given prompt or 25 dequa.te medical care resulting in an aggravation of said 26 injuries. 27 5 . The name of the public employee causing the claimant's 28 njuries is unknown. 1 6. The amount claimed as of the date of presentation of 2 this claim is $25,000. 00. 3 7 . The aforementioned amount of damage is based on the_- . 4 estimates of the undersigned. 5 6 Dated 7 BY= NANNY S O'KES, on 56half 8 of Claimant FM87.027 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28