Claim Settle. Richard MichelsBARRY A. LINDAHL~
CORPORATION COUNSEL,
UBUQUE
MEMO
To:
DATE:
RE:
Mayor Terrance M. Duggan and
Members of the City Council
March 26, 2001
Claim of Richard Michels
This is a claim for damages to the claimant's parked vehicle, which the claimant states it
sustained when hit by a City snow plow in the al/ey behind Behr's Funeral Home,
knocking off the driver's side mirror.
This clam was originally reported back to the City Council on March 6, 2001. The Legal
Department recommended denial of the claim based on the report of Street/Sewer
Maintenance Supervisor John Klostermarm, who indicated that, although his records did
show City snow plows were out at the time of this incident, he had no driver's report
concerning this accident and he recommended that the claim be denied for the lack of
evidence.
Since the time the Legal Department recommended denial of the claim, we have heard
further from the claimant and we believe the additional information he has provided
would justify payment of the claim.
Mr. Michels claims that a snow plow hit his car and broke offthe side view mirror while
it was parked in the alley behind 1491 Main Street on February 14, 2001. The new
information provided by Mr. Michels indicates that at about the time of the incident, he
heard a snow plow go up the alley and a few moments later, he went outside and saw the
rear view mirror of his car hanging by the wires. He then saw a plow "still going up the
alley about 1 ½ to 2 blocks away."
Based on the new information provided by Mr. Michels, it is the Legal Department's
recommendation that the claim, in the amount of $314.98, be paid.
BAL/j m/Enclosure
Cc~
John Klostermann, Street/Sewer Maintenance Supervisor
Richard Michels
196 DUBUQUE BUILDINO 700 LOCUST STREET DUBUQUE, IA 52001-6824
TELEPHONE (319) 5834113 /FAX (319) 583-1040/EMAIL BALESQ~MWCI.NET
fUNErAL DI~E~TO~S
DUBUQUE, IOWA 52004
30799
PRELIMINARY ESTIMATE '.
NO. OP. DESCRIPTION Q~ EXT. PRICE LABOR PAINT
subtotals => 231.00 0.7 0.6
Parts 231.00
Body Labor 0.7 hrs ~ $ 40.O0/hr 28.00
Paint Labor 0,6 hrs Q $ 40.O0/hr 24.00
Paint Supplies 0.6 hrs
SUBTOTAL $ 298.00
Sales Tax $ '283.00 ~ 6.'0000% t6.98
GRAND TOTAL $ 314,98
AD3 USTMENTS: ........ ..... .....
Deductible 0.00
$3.9
Estimate based.on MOTOR CRASH ESTIMATING GUIDE. unless othen~ise noted all items~.e..~eriv~?~J~~
the Guide DE1BASS Database Date 10/2000 and the parts Selected are Om-parts manufac~he
vehicles Original Equipment Manufacturer. Asterisk {*} or Double Asterisk {**) indicates that the
parts and/or labor information provided by MOTOR may have been modified or may have come from an
alternate data source. Non-Original Equipment Manufacturer aftermarket parts are 'described as ~
or qual Repl parts, used parts are described as LKQ, qual Rec¥ Parts, ROY, or USED. Reconditioned
parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices
are provided from National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual
entries.
Pathways - A product of CCC Information Services Inc.
CLAIM AGAINST THE CITY OF DUBUQUE
This written report constitutes your claim against the City of
Dubuque, Iowa. You should complete this form in full a~d attach
any additional information that supports your claim.
The Claim must be filed with the City Clerk at City Rall, 50
West 13th Street, Dubuque, Iowa 52001-4864. It will then be
referred by the City Council to the appropriate Department for
investigation. Once that investigation is completed, a report a~d
reco~endation 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 TN CITY OF DUBUQUE ~AS THE AuThORITY TO MAKE ANY
REPRESENTATION TO YOU AS TO W~ETHER YOUR CLAIM WILL OR WILL NOT BE
PAID. ~.
4. Date of Incident: _~/z~. ~D /
6. Location of imcident. (Be specific)
7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INou~¥ OR DAMAGE,
(Give full details upon which, you base your claim, if a City
employee was involved, give the employee's name. )
8. What were weather -conditions like?
9. Give name and address of any witnesses.
10~ Did police investigate?
11. Was a=lyone injured? (If so, ~ive n~une,
injuries. )
(If sO, give n~mes of officers.)'
address and extent of
12. Was any d~ge done to property? (If so, describe property
and the ex~nt of damage. Attach estimates of damages or
describe basis for aooer==£=£=~ extent of damage.)
13.
14.
What other da~nages do you claim, if any?
Have you been compensated for any part or all of your claim by
any insurance compa/~y? (If so, give name and address of
insurance company' and amount paid.)
What a~ount do you claim from the City of Dubuque?
Why do you claim the City of Dubuque is responsible?
17. Have you made any claim against anyone else for damages as a
result of this incident? /~
If yes, give name and address:
18. If the
payment
answer to Question !7 is yes, have you received any
from that source, and if so, in what amount?
Dated at Dubuque, Iowa, this
(Signature)
(Print Name)