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HomeMy WebLinkAboutMINUTES - 05201997 - C14 CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 20, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,903.82 Section 913 and 915.4. Please note all II� CLAIMANT: Doug K. Smith APR z 5 1997 ATTORNEY: DCOUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 431 Fuchsia Lane BY DELIVERY TO CLERK ON April 24, 1997 San Ramon, CA 94583 BY MAIL POSTMARKED: not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P BB H DATED: April 25, 1997 ggIl DeputyLOR , Clerk�� II. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓) This claim complies substantially with Sections 910 and 910.2. ( j 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: A / �1 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 ( `�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 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: ' BY: PHIL BATCHELOR b eputy Clerk CC: County C unsel County Administrator DOUG K. SMITH 431 Fuchsia Lane RECEIVED San Ramon,CA 94583 '' n E�+EIVED (510)648-9998 CLERK BOARD OF SUPERVISpRS April 20'}', 1997 CONTRA COSTA CO. Contra Costa County 651 Pine Street,Room 106 Martinez, CA. 94553 Dear Board of Supervisors: On March 20'h 1997, I was driving S/B on Dougherty Road in San Ramon.My vehicle struck a large pothole on the roadway and caused damage to two of my tires and wheels,as well as my windshield. I was driving the posted 25-mph speed limit when the collision occurred.My vehicle had to be towed into San Ramon for repair. On March 25h I called Julie Aumock in Risk Management. She told me that I could submit a claim, however it would likely be denied,along the many others that are filed regarding Dougherty Road. After speaking to Mrs. Aumock, I felt that Contra Costa County would not approve of her attitude and demeanor.I too work for a local Government,as a Police Officer,and I felt she was less than professional. I then contacted Pat Chase at the Public works Department. I was told that the County was waiting to repair Dougherty Road in the hopes that a developer would make the necessary improvements at there own expense,rather than at the County's.I was also told that there were"numerous"complaints regarding the same area of roadway where my vehicle was damaged. I was also told that no repairs have been made for several months,and that something was going to have to be done soon or the road could be closed. It is my opinion that the County has a duty to maintain any roadway in a safe manor.Even if the road is maintained as a gravel road,it still must be safe. The County has clearly failed to maintain Dougherty Road up to the time of my accident,and therefore should be responsible for the damage to my vehicle. I am asking only for the cost of the repair to my vehicle to settle this claim.I hope this can be easily resolved without any further legal means.I hope this letter also encourages you to look into the further repair of Dougherty Road. Any further deferred maintenance could cause serious injury. Attached is a summary of the damage.Thank you for your anticipated cooperation. Sincerely, Doug th Summary of Damage Tires, Wheels&Alignment Big O Tires $1109.74 Towing San Ramon Towing $ 50.00 Windshield ACME Auto Glass $ 744.08 Total... $1903.82 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later .than the 100th day. after .the accrual of the cause of action. Claims relating to causes of .aetion for.death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. Code §911.2.) Be Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than . the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) � 2 4 1997 or. ) . District) :0 OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ \0\0'��S. SZ. and in support of this claim represents as follows: _N_._—__ --- 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) _ 1 � C�N �✓�'+ i� - 'vA� 1 �US"ill ��_ 3• How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or, district officers, servants or.employees caused the injury or damage? V-A�� (over) 5. what are the names of county or district officers, servants or employees causing the damage or injury? v, i.S --------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. N-y..----M--N-N--_--.�-----N----NN-NNM-M -N-NN-M_---_------N-_-_--- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) $. N=a es .and addresses of witnesses, doctors and hospitals. -N-Y�--_--N-------------M-M__--- - _ N-- N-------NNN------ __--- 9• List the expenditures you made on 'account of this accident or injury: DATE - ITEM AMOUNT � �F 9F 9k i! !f• � � *�.� ��iF,�a���E��21,�, Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO:: (Attor"rie �) =':_-a�= orb some erson on,his..behalf." Name and Address of-Attorney' Claimant's Signature 1.\ ` Address �1�C1< Telephone No. Telephone No. * " V 9 V V V V V V I I W 1i NOTICE Section 72 of -the Penal Code provides: - - "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail,for a period of not more than one year, by .a fine of not exceeding one thousand ($1,000), or by both such -imprisonment and fine, 'or by imprisonment in the state prison, by a fine of not exceeding ten thousand .dollars ($10,000, or by both such imprisonment and fine. 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L 372 9305 P. 01 ACME AUTO G TIL ASS Bureau of Automotive Repair#AF169735 (510) 274-1733 125 Near Court, Suite 609 Walnut Creek, CA 94596 DATE: i i y 1 INVOICE NO.— C_) • C INSURANCE CO. Or�)J A-pI J5SL QAw1a' INSURED NAME:.AL_�"� POLICY#: (�S Io �6-1 I b ADDRESSAIC. O dV@0!J CRJ F1#bj 10$_ SAIJ�� r YEAR - MAKE 16YO l PHONE:work 106 "��c� home MODEL M fZ 2 LIC. COUN .-6SM rate 1 DAMAGEICAUSE ACCI 1 CLAIM# 0 CIT. PART DESCRIPTION BLOCK SIZE LIST PRICE TOTAL. 5 U2 t P► - m .i(v��CL._ o I� TOTAL MATERIALS ae l HR6 / LABOR / RATE ! TOTAL ! TOTAL vC TAX << PRICE q •0 LESS DED. TOTAL DUE All materials sold on this Invoice Is guaranteed to be as specified and Is not safety glazed material unless so marked. It Is sold with the undor6tanding that this material will not be glazed In a'hszardous focaton•as defined by the Consumer Product Safety Commission. All mercl+andise returned for credit,refund or exchange must be In resaleable Condition,authorized for return,accompanied by this receipt,and may be subject to restocking fee.No returns will be authorized for special ordors or cut flat glass. Terms of payment are 30 days from Invoice date. A service Charge of 2.s%per month will: be added to past due accounts. •The glass listed has been replaced/re p 'e 1 wI Ike kind and quaG to my en satisfaction.and I authorized my Insurance Company to,pay the 'Above named Repair/Glass Company irectly for a q�ass Ins t anon c arse or repair . CUSTOMER SIGNATURE DATE �F k i F� a C k t f � t e vi � f r N t Y Z i • 4 to t i z t`•ns�tu+�•h'Si�,�8"^Y ' ^` �.y"'P'r"• [,pk!�$,S,r.v+''!. 5.. �,14r$;�4�s7'�,�.'��Yt�°t 'a✓'yt.. t .t R «.41'y�, 7~ ir; � !d •� 1'w ���tT' w'; fir""-...+^-x�"a'. '�`ti.� � vsr rr� rY.d,,t � a r•u�F •jai,l4 � �'�'} �i�t�'tM;fin«A�. .s�r;.{'r '" - _ �•'�.s\- a,�jr�k� �tr'`7 � ,� c..' "�" , i r a'4x.•a . - 1 �y •, S aj f r gt r it t1'p�r+s,�„ • "451 ray Y' t�. �� .� p.�4e `. is"TWA t� t• l • �tw tT YY#Y � s 1 �wL���n�. .�� 4 if�• j• �'�fr�y t r a� .2•!k ... - _. �1�"�< ``'!n, 1� 11? sn12'M JI i jk , CLAIM r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA May 20, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant Amount: Unknown Section 913 and 915.4. Please note a Warnings". CLAIMANT: Teri Denise Pierce APR z 5 1997 COUNTY COUNSEL ATTORNEY: MARTINEZ CALIF. Date received ADDRESS: 550 Carpino Ave. BY DELIVERY TO CLERK ON April 25, 1997 Pittsburg, CA 94565 BY MAIL POSTMARKED• Hand Delivered via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 25, 1997 JAIL BAATTCUELOR, Clerk �— 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: G A Dated: Z / BY: ' /, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administ ator (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: 9 PHIL BATCHELOR, Clerk, By ��, , p ,�J , Deputy Clerk e WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:�a N, 3 /9 9� BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later .than the 100th dayafter the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or, to personal property or growing crops and which accrue on or after January 1, 19$8, must be presented not later than six months 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. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its .office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather .than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp TERI DENISE PIERCE r RECEIVED Against the County of Contra Costa ) L 2 5 MT or ) f iia i� ARD OF SURE• lSOR.; District) TRA COSTA CG. Fill in name ) The undersigned claimant hereby makes claim aainst the County of Contra Costa or the above-named District in the sum Of $ OPEN and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) APRIL 9 , 1997 AT 11: 50 AM 2. Where did the damage or injury occur?(Include city and county) COURT HOUSE STEPS ON WARD STREET MARTINEZ CONTRA COSTA COUNTY 3. How did the damage or injury occur? (Give full details; use extra paper if required) ?SEE ATTACHMENT IN LETTER 4. What particular act or omission on the part of county or district officers, servants' or .employees caused.the injury or damage? NEGLIGENCE OF MAINTENANCE (over) 5. what are the names of county or district officers, servants or employees causing the damage or injury? COUNTY OF CONTRA COSTA -------------------- 6. ----- -- -- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. SEE ATTACHMENT IN LETTER _�.�....�_�------------------ -��_r_-__- -_-..--------------�-�N-- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) CONTINUES TO BE OPEN $. Names and addresses of witnesses, doctors and hospitals. CYNTHIA CAMPANELLE DOROTYY GLOVER TWO DEPUTY UNKNOWN WERE 'ACROSS THE STREE" ---------M_..w___---_.N-___- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT - 4/11/97' NANTIOC'H 4/17/97° KAISE;FFDiT';IOCH 94 0 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (AttorneO.) or by some person on..his..behalf." Name and Address of Attorney TERI DENISE PIERCE 550 GLRPINO AVENUE` Claimant's Signature PITTSBURG CA X4565 550 CARPINO AVET;tiI: ' Address PITTSBURG: CA` Telephone No. ( 510 ) 4-7-6766 Telephone No. NOTICE Section 72 of the Penal Code provides: --- - "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one-year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. April 18, 1997 COUNTY ADMINISTRATOR RISK MANAGEMENT DIVISION 651 PINE STREET 6TH FLOOR MARTINEZ CA 94554-1290 1505 This letter is to inform you of the accident that occurred at the Court House steps on Ward Street in Martinez California. On April 9, 1997 , at approximately 11 : 50 A.M. , I was exiting the Court House on Ward Street . As I commence to walk down the brick stair I took my first step with my right foot it slipped down three steps and my left foot went behind me, as I fell to the ground. Dorothy Glover called my name as I went down and there were two people; a man and women standing at the end of the steps having a conversation. They looked down at me and the man came over to help me up. The lady, Cynthia Campanille asked me if I was I all right and the man talking with her, picked me up. I said I 'm not sure, but I feel it was more embarrassment on my behave, to say I 'm all right. Dorothy Glover helped me into her car and when I sat down in the car, the pains begin to be unbearable. I went to Martinez Kaiser Emergency Room. I had X-ray my ankle. I could not walk on the left foot . I went to X-ray in a wheelchair. There were no bones broken, but my leg sufferd swelling, bruises and skin broken. After the X-rays was performed, Dr. Michael F. Overfield gave me my instruction. My leg was wrapped with a dressing for the wound and swelling. I was given crutches, and instruction to wear a brace for three weeks . Also pain pills were prescribed when the pain became intolerable. THEORY OF LIABILITY The Contra Costa Countv in Martinez CA. is liable for my damages. The maintenance of the court step should have a sealed non slippery substance of tape strips on each step to avoid future liability problems and loose green leafs be swiped off the step daily. NEGLIGENCE Contra Costa County owed a duty to care to insure that the leafs and the brick steps be maintenance. INJURIES As a result of my incident I sustained the following injuries: 1 . Multiple bruises on left ankle 2 . Swelling of the left ankle 3 . Skin open 4 . Left knee pain 5 . Back pain left side 6 . Both shoulder blade pain 7 . Head aches CONCLUSION I am still under doctor' s care, in which the doctor has placed me on a no work schedule for two weeks with physical therapy. I have not reach an estimate, however you may give me a call regarding this matter. Respectfully, Teri Pierce 550 CARPINO AVENUE PITTSBURG CA 94565 ( 510) 427-6766 0 M> mCU i-I Do-i rn(1) > G > V)JI—o C) T- M (D =r CDDm-4-(D 5 =3�0 r- M CD '0 Co a) Z M =L 3 o c 0< U) M 0 �B C �-M 9� --, M-4 0 r-1)C) :< X K . - 0 Cr(D 0) Cl >M 0 (0 U) W- M E, 0 Y C)Cn- C1. -0 CT M Cr M 0 0'(n CU 0 'D (D 0 -u 0-C:) > 3 M 5: C,5 M Cr(n x Z M Z (D CD (D - 0 0 =1 --3 M to vII 0 0 =- . 5 5' ID M'CD ID Z -'0 -I Z C.3 =3Z r- :0< CI) a) w (n . . . . 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