Claim by Biniv Maskay Copyrig hted
February 15, 2021
City of Dubuque Consent Items # 2.
City Council Meeting
ITEM TITLE: Notice of Claims and Suits
SUM MARY: Jennifer Connolly for property damage; Dennis Day for property
damage;Ashley Johnson for property damage; Biniv Maskay for
personal/property damage.
SUGGESTED Suggested Disposition: Receive and File; Referto CityAttorney
DISPOSITION:
ATTACHMENTS:
Description Type
Claim by Jennifer Connolly Supporting Documentation
Claim by Dennis Day Supporting Documentation
Claim by Ashley Johnson Supporting Documentation
Claim by Biniv Maskay Supporting Documentation
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� CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ,�
This written re ort constitutes your claim against the City of Dubuque, lowa. You should j
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complete this form in full and attach any additional information that supports your claim. I
The Claim must be filed with the City Clerk at City Hall, 50 W. 13�" St., Dubuque, IA 52001. It �I
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 il
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 �q
THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU ;�
AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. �
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1. Name o�Claimanti: BINIV K. MASKAY � `��I
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2. Address: 475 LORAS BLVD, APT 2 'I�
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52001 ;,
City: DUBUQUE State: IA Zip: ;i
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3. Telephone Number: 859-948-0374 j
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4. Date of Incident: SEPTEMBER 28. 2020 ��
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5. Time of Incident: ABOUT 5:45 PM
6. Location of Incident (Be specific): 459 LORAS BLVD. DUBUQUE, IA 52001
7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give
fu11 details upon which you base your claim. If a City employee was involved, give the
employee's name.)
A explosion at 459 Loras Blvd. (two houses down) that rattled my a�artment; which caused personal
property damage.
8. What were weather conditions like? CLEAR, HIGH 50's
9. Give name and address of any witnesses:
10. Did police investigate? (If so, give names of officers.) E
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Not the aparment. �
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
NO
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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) _ �
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1. Work desk collapsed (it needs to replaced); 2. Monitor, computer and other equipment fell causing some I�
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damage; 3. Painting fell off the wall causing some damage; 4. A fiew collectibles damaged; see attachment) ��
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13. What other damages do you claim, if any? Please see the attached sheet. ��
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14. Have you been compensated for any part or all of your claim by any insurance 1�
company? (If so, give name and address of insurance company and amount paid.) j�
NO �+�
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15. What amount do you claim from the City of Dubuque? '!
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16. Why do you claim the City of Dubuque is responsible? �
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17. Have you made any claim against anyone else for damages as a result of this incident? �I
(If yes, give name and address.) N� h
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18. 1f the answer to Question 17 is yes, have you received any payment from that source, �i
- and if so, in what amount? ?
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Qa#ed at D�buq�ae, low� th�s 10 ,��y �{ NOVEMBER � 20 20
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BINIV K. MASKAY �' �-� � ��
(Print Name) � ��, C�
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(Rev. 5/18)
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Biniv K. Maskay i�
475 Loras Blvd, Apt 2 I
Dubuque, IA 52001 j�
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How the fire explosion affected me !�
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1. The work desk collapsed. It needs to be replaced as it is now too wobbly. , 'i
2. A laptop, a monitor, and other electronic devices fell off the desk to the floor, causing ";
� some damage. �I
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.s. Paintin s 6-8 �eces and other decorative items #ell off fhe wall; causin some dama e. ,,
4. A few collectibles and decorative pieces fell from tables, causing some damage. '��
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5. Missed four days of work. ;�
6. Missed taking two medicines (for uric acid and anti-inflammatory) for three days. �
7. Could not change contact lens for three days '�
8. Was without heat in the apartment for a few days. 'I
9. Was provided an industrial size space heater, which is not energy efFicient. ;
10.The window frames are pushed in which has deteriorated insulation in the apartment. i�l
This has nessasitated turning on the heat in the apartment, which has been costly. !',
11. A disturbance outside the apartment for several days, causing dis#ractions, and noise �
and dust pollution. � � �
12. Could not park in the parking lot for several days. I�
13. Emotional trauma, stress, and anxiety. 'i
14.A guest that was with me was negatively impacted in several ways as well including not ;
being able to turn in work on time and has endured anxiety and stress as a result. ;
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Copyrig hted
February 15, 2021
City of Dubuque Consent Items # 3.
City Council Meeting
ITEM TITLE: Disposition of Claims
SUM MARY: Dennis Day for property damage and Biniv Maskay for personal/property
damage.
SUGGESTED Suggested Disposition: Receive and File; Concur
DISPOSITION:
ATTACHMENTS:
Description Type
I CAP Referral Staff Memo
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THE CITY OF '
��TB E MEMORANDUM
Masterpiece on the Missiesi}�pi
JENNYMESSERH�
PARALEGAL ��
To: Mayor Roy D. Buol and
Members of the City Council
DAre: January 29, 2021
RE: Claim Against the City of Dubuque by Biniv Maskay
Claimant Date of Claim Date of Loss Nature of Claim
Biniv Maskay 11/10/2020 09/28/2020 Personal/Property Damage
This is a claim in which claimant alleges multiple damages as a result of a September
2020 gas explosion on Loras Boulevard.
This claim has been referred to Public Entity Risk Services of lowa, the agent for the lowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Alexis Steger, Housing & Community Development Director
Biniv Maskay
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
Te�ePHONe (563)589-4381 /Fax (563)583-1040/EMai� jemesser@cityofdubuque.org