Claim by Tara Behnke Copyrighted
February 6, 2023
City of Dubuque Consent Items # 02.
City Council Meeting
ITEM TITLE: Notice of Claims and Suits
SUM MARY: Tara Behnke for vehicle damage; Dubuque County for personal
injury/property damage; Gerardo Flores for property damage; Richard
and Julie Hardorff for property damage; Lindsey Hoyne for vehicle
damage; Laura Knabel for personal injury/vehicle damage; Kelly Otting
for personal injury/property damage; Brian Ward for personal injury.
SUGGESTED Suggested Disposition: Receive and File; Referto CityAttorney
DISPOSITION:
ATTACHMENTS:
Description Type
Claim by Tara Behnke Supporting Documentation
Claim by Dubuque County Supporting Documentation
Claim by Gerardo Flores Supporting Documentation
Claim by Richard and Julie Hardorff Supporting Documentation
Claim by Lindsey Hoyne Supporting Documentation
Claim by Laura Knabel Supporting Documentation
Claim by Kelly Otting Supporting Documentation
Claim by Brian Ward Supporting Documentation
MVM
Legal
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA R.Knuckey
This written report constitutes your claim against the City of Dubuque, lowa. 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. 13t" 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: Tara Behnke American Family as subrogee of Michelle Orcutt
2. Address: 6000 American Parkway
City: Madison State: WI Zip: 53783
3. Telephone Number: 608-722-3142
4. Date of Incident: 12�2�22
5. Time of Incident: 958am
6. Location of Incident (Be specific): 5th st parking garage
,
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.)
gate for parking garage malfunctioned causing damage to Michelle Orcutts vehicle
8. What were weather conditions like?
9. Give name and address of any witnesses:
10. Did police investigate? (If so, give names of officers.)
yes Dubuque Police Dept case #2022-008333 officer Michael Hernandez
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
no injuries
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.)
damage to 2018 GMC Canyon total demand amount $976.32
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.)
American Family paid for damages and rental.
15. What amount do you claim from the City of Dubuque?
$976.32
16. Why do you claim the City of Dubuque is responsible?
an rkin�a�ge gate arm malfunctioned
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 at Dubuque, lowa this 12 day of January � 2023
��� ��'�� (Signature)
Tara Behnke (Print Name)
(Rev. 5/18) Received via email
January 12, 2023
2:13 PM
Copyrighted
February 6, 2023
City of Dubuque Consent Items # 03.
City Council Meeting
ITEM TITLE: Disposition of Claims
SUMMARY: CityAttorneyadvising thatthe following claims have been referred to
Public Entity Risk Services of lowa, the agent for the lowa Communities
Assurance Pool: Tara Behnke for vehicle damage; Dubuque County
for personal injury/property damage; Gerardo Flores for property
damage; Richard and Julie Hardorff for property damage; Lindsey Hoyne
for vehicle damage; Laura Knabel for vehicle damage and personal
injury; Mark Laird for vehicle damage; Kelly Otting for personal
injury/property damage; Brian Ward for personal injury.
SUGGESTED Suggested Disposition: Receive and File; Concur
DISPOSITION:
ATTACHMENTS:
Description Type
ICAP Referral Supporting Documentation
THE CTTY OF
DUB E MEMORANDUM
MasterpTece on the Mississippi
� ONI MEDINGER
LEGAL ADMINISTRATIVE ASSISTANT
To: Mayor Brad M. Cavanagh and
Members of the City Council
DATE: 1/18/2023
RE: Claim Against the City of Dubuque by Tara Behnke American Family as
subrogee of Michelle Orcutt
Claimant Date of Claim Date of Incident Nature of Claim
Tara Behnke 1/12/2023 12/2/2022 Vehicle Damage
This is a claim in which claimant alleges Michelle Orcutt's vehicle was damaged when the
gate in a City parking ramp came down on her vehicle
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
Russ Stecklein, Transportation Service Operation Supervisor
Tara Behnke
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TE�EPHONE (563)589-4113/Fax (563)583-1040/EMai� jmedinge@cityofdubuque.org