Item 14A - Claim for Damages - Jeanne L. GillinghamGENDA REPORT
CITY OF•POWA.Y
Thisreport is included on the Consent Calendar. There will be no separate discussion -of the
report prior to approval by the City Council unless members of the Council, staff or public
request it to bee rem:from the Consent Calendar and discussed separately. If you wish to
have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of *the City Council
FROM: James L. Bowersox, City Manager V.)`'
INITIATED BY: Douglas A. Milton,. Purchasing Rana
DATE: August 19, 1986
SUBJECT: Claim Lor Damages
Jeanne L. Gi l lingham
ABSTRACT'
A claim for damages has beenfiled by Ms. Jeanne Gillingham in the amount of
$250,000.
BACKGROUND
Ms. Gillingham was traveling southbound on Pomerado Road near. 7-11 when she was
struck by another vehicle exiting onto Pomerado Road.
Ms. Gillingham feels the City is negligent because they allow parking along this
road which obscures motorist's vision.
RECOMMENDATION
It is recommended that this claim be denied.
JLB:DAM: jt
Attachment
1. Claim for Damages
ACTION:
AUG 19 '':6 ITEM 14P
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JUN 3 0 Q 1
CLAM AGAINST THE CITY OF PCMY
'•'_ - CITY OF POWAY
_Received by via CITY CLER;oz OF=FICE
U.S. lair. Clerk's Time Stamp
Intek -office Min
07er the Ccuiter
A claim must be filed with the City Clerk of the City of Poway within 10.0 da after
which the. incident or event occurred. Be sure y� .
of
tray t not another- public entity... Where space.� f f . is agauist. the city
and identifyinforati®n iczenhr please use as3dit3onaL
by P eg . C�gleted cLaim acst. be maned
or delivered tothe City Clerk r The City of Paway, 13325 civic
Dentes Drive, Y�
CA 92064 (P.O* Boxy 785).
TO TEE MAYOR AND CITY CaTNCSL, T= Cr BCMXCALIBMRNIA
The undersigned respect lly. submits the. foll®wing Claim and 4 -
damage: to persons and/or personal property i
l : NAME OF CULDwe Jeanne L. Gillingham
a. ADDRESS OF CLAIMANT
b. PRONE NO. c. DATE of BIRTH/
/
d. SOC.YAL S'ECVR= NO. ee 1 RtS LIC.. No..
2e, Name, #telephone and post office address to which cl a imant.desires notices to be
sent if other than above:
•`
3 Occurrence. or event frau. which the Claim arises:
is - -
a. DATA 6/5f 86 b.. TI 12: 06 C. PLAC (exact and specific location,
P ra Road near its in
ti tersection with Meadowbrook an the Count of
San Diego, State of California.
d. B= and unc%,r what circumstances did damage or injury occur? Specify the
particular occurrence-, event, act, orL an fission you maim caused the injury or
&-image; (use additional paper if necessary
v -
Automobile accident at sa.d. time and lace. Accident involved two
vehicles one driven by claimant, Jeanne L. Gillingham and the other
by Daniel Gerald Funk. Funk was exiting driveway onto Pomerado Raod
when accident occurred claimant was proceeding southbound on Pomerado Rd.
e. What particular action by the City, or its employees, caused the alleged
darage L or injury?.
F nk. dry vrsr of the vehicle was involved in accident with claimant ° claim `
r
his yi :i nn *&•obSC1 =d byC_a'�" aTked on Pomerado. Rodd adjacent to drl: T'e
way ex' allow Parkinq of vehicles aloe
Pomerado Road which obscures vision of motorists.
AUG 19 3986 ITEM 14 Pt
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4. Give a description of the in o r _
P injury, Pry- rty damage or loss, so far as is knoaz at
the time of this qzim. If there were no injuries state "no injuries."
wa dams ed and claimant sustained injuries
to her neck hack, chgs Andy lees and left hi
---. 5. Gyve -name(s) of the City employee t s) causing the damage or injury:
Jnknown
5. Nam and. address of any other, person injured:
Unknown
7. Name and address of the owner of --a-ny damaged property -
Jeanne A. .3 aimant°s mother same address was the owner
Af t13e 3ZOh i c-1 a aiman wag driving
8. Damages claims
a. Amount claimed as of this date:, � 100 , 0 00.00
b. Estimated amount of future costs: $ Not determinable at this time.
c. Total amount claimed;
$ 250.000.00
d. Basis for computataon of amounts claimed (include copies of all bills
invoices, est m3tesr etc.) I.
Cl a i man►+ ° c_ mp ci al andes Genera 1 dMages (no bills available at this time) .
9. s and addresses of all witnesses, hospitals, doctors, etc.
a. -(see cony of Police Reoort attached hereto)
b. in addition,, Claimant is under treatment of Theodore Obenchain., M.D.,
Q .. Claimant was also
•.admitted't0Po,rHosohal for treatment.10thatmight
i
be .helpful in Considering thus claim:
The awn r of the vehicle driven by Funk is Kenneth Bayles,'VATq II2,
k ,
WAramt 32 IS A CRIMM CEFEM M. FILE A FALSE CLAMI (Penal Code 572 Insur'anoe"
Code: 5556.1?
I have read the netters and statements made in the above claim and I know the, same: to
be. t=e of any own knOwledger except as to those matters stated upon information or
belief as to such matters Z believe the sane to be true. I certify _under penalty of
pert=y that the foregoing is TR IZ and COQ. �
Sigrad this� N r
day of Z �. , 19 �, at _r� l s5� C AW F'oet,v-1 ug-
r.
1ti1atlt ° S gnature
Office of the City Clerk,
Poway, California
D=.M NO.`
FILA
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