HomeMy WebLinkAbout3.4 James Tomte Claim CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 14, 1983
SUBJECT Claim of James A. Tomte on behalf of Stephanie Tomte,
7211 Avon Court, Dublin, CA
EXHIBITS ATTACHED Claim
RECOMMENDATION Deny claim and notify claimant and insurance company
FINANCIAL STATEMENT: Claim for $100 , 000 in general damages + medical
expenses . Wage loss and loss of earning capacity yet
to be determined.
DESCRIPTION The City, on November 8 , 1983 , received a claim from
James A. Tomte, 7211 Avon Court, Dublin, CA on behalf
of Stephanie Tomte for damages that resulted from an
alleged assault while claimant was employed at Dublin
Community Pool .
Since the City has no responsibility for the
maintenance or operation of the Dublin Community Pool,
and further, since the City is fully insured, it is
Staff ' s recommendation that the City Council deny the
claim and notify the claimant and the City ' s insurance
company.
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COPIES TO : James R. Chiosso, Gwilliam & Ivary
616 Central Bldg. -436 14th Street
ITEM NO. �• � Oakland, CA 94612
Stephanie Tomte, c/o James A.Tomte
7211 Avon Court
Dublin, CA 94568
.1
1 CLAIM AGAINST
2 CITY OF DUBLIN
3 (a) Name and address. of claimant: Stephanie Tame, a minor, by and
through her parent James A. Tame, 7211 Avon Court, Dublin, California 94568
4
5 (b) Send all notices to:
6 GWILLIAM & IVARY
616 Central Bldg . - 436 - 14th Street
7 Oakland, California 94612
8 (c) Date of occurrence: August 4 , 1983
i
9 Place of occurrence: Dublin Community Pool j
10
11 Circumstances of occurrence: On the above date plaintiff was
working at the Dublin Camtnunity Pool as part of a work credit program through
12 Dublin High School, she was assaulted by 3 minor boys, as a result of the
careless and negligent supervision of the program & the negligent. maintenance,
13 control and supervision of the premises causing a danagerous condition of
public property.
14 (d) General description of injury, damage , or loss incurred:
Claimant's clothes were torn and she was bruised and scrapped, causing
15 severe emotional distress resulting in additional physical injuries, stanach
16 problems, nervousness, etc.
17
18 (e) Amount of claim and basis of computation:
19 General damages: $100,000.00, medical expenses in an amount as of yet
undetermined, wage loss and loss of earning capacity in an amount as of yet
20 undetermined.
21 Dated: November 8, 1983
22 GWILLIAM & I Y
23 B
24
25 Receipt of a copy of the within claim in hereby
26 acknowledged this day of 19 A.
27
28
GWILLIAM & IVARY _
ATTORNEYS AT LAW _
C[NTNAI e1oo.
:1.6. larn B7REET
OAKLAND. CA 94612
832.5411
. [A coo[ Aye
1 CLAIM AGAINST
2 CITY OF DUBLIN
3 (a) Name and address of claimant: Stephanie Tomte, a minor, by and
through her parent James A. Tame, 7211 Avon Court, Dublin, California 94568
4
5 (b) Send all notices to:
6 GWILLIAM & IVARY
616 Central Bldg. - 436 - 14th Street
7 Oakland, California 94612
8 (c) Date of occurrence: August 41 1983
9 Place of occurrence: Dublin Community .Pool
10
11 Circumstances of occurrence : On the above date plaintiff was
working at the Dublin Ccnnunity Pool as part of a work credit program through
12 Dublin High School, she was assaulted by 3 minor boys, as a result of the
careless and negligent supervision of the program & the negligent maintenance, I
13 control and supervision of the premises causing a danagerous condition of
public property.
14 (d) General description of injury, damage, or loss incurred:
Claimant's clothes were torn and she was bruised and scrapped, causing
15 severe emotional distress resulting in additional physical injuries, stomach
16 problems, nervousness, etc.
17
18 (e) Amount of claim and basis of computation:
19 General damages: $100,000.00, medical expenses in an amount as of yet
undetermined, wage loss and loss of earning capacity in an amount as of yet
20 undetermined.
21 Dated: November 8, 1983
22 GWILLIAM & I Y
23 B
24
25 Receipt of a copy of the within claim in hereby
26 acknowledged this day of 19
27
28
LLIAM 6 WARY
JUN CY9 AT LAW
Ca.—AL SLOG.
S-14Th 6TAEET
'.LAND, CA 94612
932-11411
.46A C. •n