Laboratory Incident Report Sample
To: Robert Richeda, Attorney
From: Mindy Burris
Re: Harold Thomsen
Date: Sept.9 2014
_________________________________________________________________________________________________
MEMORANDUM OF LAW
STATEMENTS OF FACT: On October 14, 2012 at approximately 12 p.m., while waiting for a bus on a bench at 285 E. Walnut St., the Pasadena Central City Library, Harold Thomsen, a 54 year old recovering alcoholic (sober for 6 years), was struck on the head by a large tree branch which fell from a tree he was sitting under. Donna Chang an employee of the library witnessed the tree branch strike Mr. Thomsen and she called the paramedics. There were other witnesses as well. Pasadena Fire Dept. emergency personnel took him to Huntington Memorial …show more content…
They are arranged in groups of two, thirty yards away from each other. Prior to the incident, Thomsen had noticed uniformed workers digging trenches around a tree at the other end of the lawn and spreading contents of some bags into the trenches. Other workers were spraying the tree foliage. There were stakes placed in the ground around the tree, although Thomsen could not see what was written on them. He did not remember seeing any work done or signs around the other trees.10 days after the incident, Thomsen returned to the library to take some photographs. He noticed 2 fallen tree limbs that were still on the ground and that there were now several trenches in the lawn near the other trees with warning signs, “repairs of sprinkler system under way”, staked around both the trees.
ANALYSIS:
Introduction: If Mr. Thomson sues the City of Pasadena for a dangerous condition on public property, he must prove there was an actual dangerous condition. Mr. Thomson must also prove that employee negligence was involved and that the city had actual notice of a dangerous condition or constructive notice.
A public entity: City of Pasadena (NOT the library which is a city …show more content…
Due to the broken sprinkler system, which Thomsen had seen workers working on prior to the accident, the tree was damaged. The city was aware of problems with the irrigation system, which created a reasonable foreseeable risk to damage the tree.
Employee negligence: Government code §835 states that; a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition.
The workers of the irrigation system and the employee who assed the problem may have overlooked potential damage that was done to the tree by water damage or may have known and not warned against it, more discovery needed.
Notice: Government Code (GC) 835.2. (a) A public entity had actual notice of a dangerous condition for long enough to taken action to protect against it,
From: Mindy Burris
Re: Harold Thomsen
Date: Sept.9 2014
_________________________________________________________________________________________________
MEMORANDUM OF LAW
STATEMENTS OF FACT: On October 14, 2012 at approximately 12 p.m., while waiting for a bus on a bench at 285 E. Walnut St., the Pasadena Central City Library, Harold Thomsen, a 54 year old recovering alcoholic (sober for 6 years), was struck on the head by a large tree branch which fell from a tree he was sitting under. Donna Chang an employee of the library witnessed the tree branch strike Mr. Thomsen and she called the paramedics. There were other witnesses as well. Pasadena Fire Dept. emergency personnel took him to Huntington Memorial …show more content…
They are arranged in groups of two, thirty yards away from each other. Prior to the incident, Thomsen had noticed uniformed workers digging trenches around a tree at the other end of the lawn and spreading contents of some bags into the trenches. Other workers were spraying the tree foliage. There were stakes placed in the ground around the tree, although Thomsen could not see what was written on them. He did not remember seeing any work done or signs around the other trees.10 days after the incident, Thomsen returned to the library to take some photographs. He noticed 2 fallen tree limbs that were still on the ground and that there were now several trenches in the lawn near the other trees with warning signs, “repairs of sprinkler system under way”, staked around both the trees.
ANALYSIS:
Introduction: If Mr. Thomson sues the City of Pasadena for a dangerous condition on public property, he must prove there was an actual dangerous condition. Mr. Thomson must also prove that employee negligence was involved and that the city had actual notice of a dangerous condition or constructive notice.
A public entity: City of Pasadena (NOT the library which is a city …show more content…
Due to the broken sprinkler system, which Thomsen had seen workers working on prior to the accident, the tree was damaged. The city was aware of problems with the irrigation system, which created a reasonable foreseeable risk to damage the tree.
Employee negligence: Government code §835 states that; a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition.
The workers of the irrigation system and the employee who assed the problem may have overlooked potential damage that was done to the tree by water damage or may have known and not warned against it, more discovery needed.
Notice: Government Code (GC) 835.2. (a) A public entity had actual notice of a dangerous condition for long enough to taken action to protect against it,