Claim by Jenna WalleserCopyrighted
June 20, 2022
City of Dubuque Consent Items # 02.
City Council Meeting
ITEM TITLE: Notice of Claims and Suits
SUMMARY: Toni Caselucio for property damage, Calvin Gatch Jr. for property
damage, and Jenna Walleser for property damage and personal injury.
SUGGESTED Suggested Disposition: Receive and File; Refer to City Attorney
DISPOSITION:
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Description Type
Claim by Toni Castelucio Supporting Documentation
Claim by Calvin Gatch, Jr. Supporting Documentation
Claim by Jenna Walleser Supporting Documentation
M
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: Jenna Walleser
2. Address: 1713 Lea Ln
City: Dubuque
3. Telephone Number: 563-451-8658
4. Date of Incident: 5/28/22
5. Time of Incident: -12:45pm
State: IA
Zip: 52002
6. Location of Incident (Be specific): The intersection of NW Arterial and Pennsylvania (Dupaco corner)
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.
After riding the bike trail on NW Arterial, I used the designated "Trail Crossing' via crosswalk to cross NW Arterial to access Pennsylvania Ave. I activated and waited for the
crosswalk to give me the go-ahead. The crosswalk has 40 seconds to cross the street. Upon nearing the Dupaco corner, a driver pulled out in front of me, completely
obstructing the crosswalk and access in the s'da . ^Ik I was forced toward the ry stppn.GilLb candnU_f Fly (f 1Y h'A I d rty damage.
A kind witness who witnessed the entire Incident stayed at the scene, and verified to the cops I had more than 25 seconds remaining on the crosswalk when the driver
entered and obstructed the crosswalk. The attending officer did not issue a citation to the driver. Therefore, it must be the fault of the City if the City believes the driver had
the right to
es cars
have the right-of-wayto be in and crossin the crosswalk. Upon like the stoplight, the driver would not have had a green arrow since the crosswalk light was activated
VI .
8. hat were wea�her conditions like? _cloudy
9. Give name and address of any witnesses: Teresa Ann Biroschik (815-474-4307);
Juan Aristizabal (563-213-7037)
10. Did police investigate? (If so, give names of officers.)
Yes. Officer Nugent #38
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
Yes. Jenne Walleser (claimant). Claimant went head -first off bike onto concrete to avoid the car approaching her and which was
access
severe
severe
dee
bruising to both legs, Large goose -egg to left elbow, severe bruising to right palm, wrist sprain. Extreme emotional stress in the P
moments and days a er t e accident due to personal inturies, personal property damage, threats rom river, an the act the City
would let this happen.
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.) See attached pictures
Damage to 2022 Trek Checkpoint ALR 5 (see attached quote to fix the bare minimum),
Damage to Apple Watch (see attached receipt for replacement).
Damage to Pearl Izumi bike shorts ($107 -- not claiming)
Cartier
13. What other damages do you claim, if any?
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
15. What amount do you claim from the City of Dubuque?
$945 (to compensate for bike and watch damage)
16. Why do you claim the City of Dubuque is responsible?
They ruled the driver was not responsible, so the City must be responsible in the malfunctioning crosswalk,
access to the crosswalk, and steep curb near entrance of sidewalk.
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
No -- the driver was uncooperative, told me he has mental illness, physically threatened my significant other, told me he has put people in the hospital, and threatened
to counter -sue me it f sue him. I do not want any turtner contact wi im or ear o sate y.I WaI It LU uv as rar removec from nim--a—nU7re—sl7ua7lO—n—as—p—o—ss—lb7e. In
addition, the cc did not issue a citation so no insurance claim could be filed.
18. V, the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
Dated at Dubuque, Iowa this 31 day of
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Note: Directly from DMV exam booklet and on state's secretary of state government site: "if a motorist is turning right and a bicyclist is approaching on
the right, let the bicyclist go through the intersection first before making a right turn."
https://www. ilsos.gov/departments/drivers/traffic_safety/bikepedsafety.html
https://www.dmv-written-test.com/q uestion/when-a-motorist-is-turning-right-and-a-bicyclist-is-approaching-on-the-right-the-motorist-should-let-the-
bicyclist-go-th rough-the-intersection-before-making-their-right-turn_WaX W Rkyk.html
(Rev. 5/18)
It was pure negligence for the City to not issue the driver a ticket for blocking the crosswalk and sidewalk access. As such, the driver could not submit
the accident to his insurance, and the City should be responsible for the damages. This is also a major concern for all pedestrians, both able and
handicapped, as well as bicyclists, that our safety is not protected even when using the designated trails.
Confidential
This communication and any attachments may contain information which is confidential
and privileged by law and is for the use of the designated recipient. If you are not the
intended recipient, you are hereby notified that you have received this communication in
error, and that any review, disclosure, dissemination, distribution or copying of its contents
is prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of
your receipt of these items and destroy the communication and any attachments
immediately. Further disclosure of this information may violate state and federal
restrictions.
Confidential information may include the following:
1) Social Security Numbers)
2) Medical/Health Information
3) Personnel/Disciplinary Information
4) Bank Account Information
5) Financial Information
6) Credit Card Numbers
If any documentation you desire to submit to the City of Dubuque contains any of the items above
this cover sheet must be attached directly to the confidential information and indicate the type of
information that is included.
Jenna Waiieser , hereby certify that the attached documents
include the following protected information:
Social Security Number(s) Bank Account Information
X Medical/Health Information Financial Information
Personnel/Disciplinary Information Credit Card Number(s)
I understand that this information may be distributed within the City organization or to agents of the
City for processing and I hereby authorize the City to act accordingly taking all precautions to
protect my information from unnecessary distribution.
4epm k ka,
Sig 'ture
5/31/22
Date
City of Dubuque
City Council Meeting
Consent Items # 3.
Copyrighted
June 20, 2022
ITEM TITLE: Disposition of Claims
SUMMARY: City Attorney advising that the following claims have been referred to
Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Toni Castelucio for Property Damage, Calvin Gatch Jr.
for Property Damage, Jenna Walleser for Personal I njury and Property
Damage.
SUGGESTED Suggested Disposition: Receive and File; Refer to City Attorney
DISPOSITION:
ATTACHMENTS:
Description
Report macro- PERS_Castelucio
Report macro- PERS_Gatch Jr.
Report macro- PERS_Walleser
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE CiQUE
DMEMORANDUM
Masterpiece on the Mississippi
JONI MEDINGER
LEGAL ADMINISTRATIVE ASSISTANT
To: Mayor Brad M. Cavanagh and
Members of the City Council
DATE: 6/16/2022
RE: Claim Against the City of Dubuque by Jenna Walleser
Claimant Date of Claim Date of Incident Nature of Claim
Jenna Walleser 5/31/2022 5/28/2022 Personal Injury
Property Damage
This is a claim in which claimant alleges Claimant was injured and her property was
damaged when a third party failed to yield to her in a crosswalk and the Police Department
did not issue a traffic ticket to the driver of the vehicle.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Jeremy Jensen, Chief of Police
Jenna Walleser
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4113 / FAx (563) 583-1040 / EMAIL jmedinge@cityofdubuque.org