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Item 14C - Claim for Damages - Charles EllisGENDA REPORT CITY OF POWAY This report is included on the Concent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless Viers of the council. staff or nublis request it to be removed 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 3 ONO FROM: James L. Bowersox, City Manager INITIATED BY: Douglas A. Milton, Purchasing Mana DATE:. August 19, 1986 SUBJECT: Clam. for Damages Charles Ellis ABSTRACT A claim for damages has been filed by Mr. Charles Ellis in the amount of .$5;000,000. BACKGROUND A,�s_ `�.,'C'� ' A/ THE- co Mr.. Ellis claims he was a passenger in a vehicle that was involved in a rear end collision on Poway Road, approximately ffS of a mile east of Millards Road. Mrr. Ellis claims the 'City is negligent because he feelsthe construction, design, and maintenance of this particular section of Poway Road could be improved. RECOMMENDATION It is recominended that this claim be denied. JLB:DAM.:jt Attachment 1. Claim. for Damages ACTION: AUG 191986 ITEM 14 1 of 3 e T' tyV CJ �wS' OFT 2: 3W YANG-WACH BOMVARD MM 100,,'P. O. WX 226W 13 LONG VACH, CALMRNIk8080i:. TELEPHONE (213} 42? -2k4 ' s , +• EF 4 E { Claimant 'JUN I a �9�� = 4.•. FA { OWNSERIIDEPT 6 CITY OF POWAY 7 - #' COUNTY OF SAN DIEGO g , STATE OF CALIFORNIA ID . lI CFIARIES ELMS, CLAIM NU14BERS& Cla3 ant C ' FOR Y?mar, } 12:` I3 14 CITY OF POWAY, } a; Defendants j 15 } 16 17 I. ' Naue of Claimants Charles. Ellis. 18 Address of Claimant: c/o- The Law Offices of ]Garry �. l 9 Parker, Inc., 3605 Long Beath Boulevard, suite 1Q0, P. O Box. 2Q 21 22640, Long Beach, California,. 90801 Noticeit should be sent to The Law Offices of i ry H. 22 Parker, Ino., 3605 Long Beach Boulsva�d, Suite 100, P. 0.- BOX. 2 2$ 22640, Long Beach, California 908010 25 Date of Injury: May 14, 1986. of Injury: Poway Road, five tenths of a mile 26Place east of M llards Road, City of Poway` County of San Diego,* 27 28 State of California. AUG'.19 1986: 1 T E Nl 2 of 3 D 2 3 4 5 8 9 10 11 8 12 « 13 Eu.Imo, s Y a` 14 x11 15II agez. za.d 16 3 of 3 17 18 19 20 21 22 23 24 25 26 27 Manner of Injury: Claimant -was a passenger in a vehicle which was eastbound on Poway Road stopped in traffic. Claimant's vehicle was struck. from behind by another vehicle which was unable to stop in sufficient time to avoid the collision. Claimant's injuries were the proximate result of the negligent construction, design and_:aaintenance of this particular section of roadway, specifically, but not limited to, the failure to properly mark the roadway with adequate warning devices of a dangerous condition, to wit, stopped traffic; posted speed too fast for conditions of road use; lack of sufficient clearance and width of roadway; faulty horizontal and vertical curvature by negligent design; improper maintenance of lane and other warning lines; faulty barrier design and escape routes, as well as, defective roadway surfacing. 3. Nature and extent of injuries: Claimant sustained musculoligamentous strain to the paracervical muscles, lower parathoracic muscles, paralumbar muscles, left Shoulder girdle, left wrist and a concussion. 4 Amount of damages claimed:. $5,000,000.00 sum includes damages for present injuries and prospective injuries, medical expenses and property damage, the amounts of which are presently unknown to Claimant. Claimant has not received any statements from anyone. Dated:191 THE LAW OFFICES . g . PARKER, INC. • t+ .. •� 28 /1/ By: LARRY . LARKIER AUG 19 1986_ ITEM 14C.