Claim by Judith and Ronald McMahonTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL 1~°
CITY ATTORNEY I
To: Mayor Roy D. Buol and
Members of the City Council
DATE:
RE:
Claimant
November 21, 2008
Claim Against the City of Dubuque by Judith McMahon
Date of Claim
Judith McMahon
11 /17/08
Date of Loss
07/25/08
Nature of Claim
Personal Injury
This is a claim in which claimant alleges that as she was walking to her vehicle which
was parked near the east boundary of the handicap parking lot of the Grand River
Center, she stepped into a depression, causing her to fall and injure her left foot.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
John Klostermann, Street & Sewer Maintenance Supervisor
Judith McMahon
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
~~~~~~
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
This written report constitutes your claim against the City of Dubuque, Iowa. You should
complete this form in full and attach any additional information that supports your claim.
The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It
will then be referred by the City Council to the appropriate department for investigation.
Once that investigation is completed, a report and recommendation will be submitted to the
City Council. You will be provided with a copy of that report and recommendation.
THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF
THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU
AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID.
1. Name of Claimant: Judith A. McMahon and Ronald J . McMahon
2. Address: 145 Clara Avenue, Manchester, Iowa 52057
3. Telephone Number: (563) 927-2937
4. Date of Incident: Julv 25 , 2008
5. Time of Incident: 9:45 PM
6. Location of Incident (Be specific): East boundary of handicap parking lot of
Grand River Center
7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give
full details upon which you base your claim. If a City employee was involved, give the
employee's name.)
I was going to my car which was parked in the handicap parking lot and
and stepped into a depression right off the brick and fell on my back
and severely twisted my left foot.
8. What were weather conditions like? Hot & Dark
9. Give name and address of any witnesses: Megan Shaw, Manchester . Iowa
Ron McMahon, Manchester, Iowa
10. Did police investigate? (If so, give names of officers.)
No
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
Yes - Judith A. McMahon. 145 Clara Avenue,,_ Manchester, Iowa. Broken
_f_oot, torn ligaments, broken blood vessels. 8 weeks in a boot up to
the knee.
12. Was any damage done to property? (If so, describe property and the extent of damages.
Attach estimates of damages or describe basis for ascertaining extent of damage.)
No property damage
13. What other damages do you claim, if any? Medi cal ex~p_nseG and rr ns= crrarion,
pain and suffering past & future. loss of full body function past ~ future,
future medical expenses and consortium for husband Ronald J. McMahon.
14. Have you been compensated for any part or all of your claim by any insurance
company? (If so, give name and address of insurance company and amount paid.)
No except by Wellmark for medical bills
15. What amount do you claim from the City of Dubuque?
Fair and resonable sum
16. Why do you claim the City of Dubuque is responsible?
There should not have been a hole/depression adaoining the hanc3;can parking
lot & the lights were not on because we were told they attracted fish flies.
17. Have you made any claim against anyone else for damages as a result of this incident?
(if yes, give name and address.)
No
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
Dated atrranchester. Iowa this 12thday of November 20 08 .
Signature)
Judith A. McMahon Ronald J . McMahon (print Name)
(Rev. 1 /00 & 7/01)
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CARR ~ CA RR
E.M. CARR 1550-1933 ATTORNEYS AND COUNSELORS AT LAW
IIUBERT CARR 1577-1967 117 S. FRANKLIN ST.
E. MICHAEL CARR P.O. BOX 333
JOHN M. CARR MANCHESTER, IOWA 52057-0333 TELEPHONE (583) 927-4184
STEVEN E. CARR FAX (683) 927-6654
November 13, 2008
Ms. Jeanne Schneider, City Clerk
City Hall -City Clerk's Office
50 West 13th Street
Dubuque, Iowa 52001
Re: McMahon v. City of Dubuque
D/A: 7/25/2008
Dear Ms. Schneider:
Pursuant to the directions of Tracy Stecklein the claim of Judith and Ronald
McMahon is enclosed and being sent to you.
Also enclosed is a picture showing the dangerous area where the fall occurred
next to the handicap parking area.
Please advise as to when a response to the claim will be made.
Thank you.
Verb trgt~y yours,
V( `~,,/
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