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.