Claim by Kyle CrossCopyrighted
June 20, 2023
City of Dubuque Consent Items # 02.
City Council Meeting
ITEM TITLE: Notice of Claims and Suits
SUMMARY: Kyle Cross for personal injury/property damage; David Hawkins for
property damage; Mary Koppes for property damage; Robert Lynn for
property damage; Alexis Lyons for property damage.
SUGGESTED Suggested Disposition: Receive and File; Refer to City Attorney
DISPOSITION:
ATTACHMENTS:
Description
Type
Claim by Kyle Cross
Supporting Documentation
Claim by Mary Koppes
Supporting Documentation
Claim by Robert Lynn
Supporting Documentation
Claim by Ale)as Lyons
Supporting Documentation
Claim by David Hawkins
Supporting Documentation
MVM
Legal
G. Psihoyos
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 Clerk 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.
1. Name of Claimant: Kyle Cross
2. Address: 1949 Humboldt St. Dubuque, IA 52001
3. Telephone Number: 563-227-7642
4. Date of Incident: 4/27/2023
5. Time of Incident: Approximately 1:05 p.m.
6. Location of Incident (Be specific): The eastern most intersection of JFK and Marywood, on the
downhill portion.
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 riding my bike home from the gym, on the new sidewalks near the intersection of JFK/Marywood.
There is a curb with a lip, like a skateboard ramp, with the exit hidden behind a tree. I tried to stop as soon
as I saw the unusual lip, but couldn't, leaving over 26' of skid marks before I rode off the curb onto the ground.
8. What were weather conditions like? Clear and sunny
9. Give name and address of any witnesses: None
10. Did police investigate? (If so, give names of officers.)
Yes, Officer Bakken. Case 2023-002974
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
Myself. I fractured my right arm/wrist, requiring at least two surgeries to place and remove hardware. It is
possible I will need a third surgery to repair a damaged ligament too.
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.)
My bicycle. A damage detailer is working on an estimate.
13. What other damages do you claim, if any? I have had to take time off work without pay and
decreased quality of life due to pain and missing out on activities I enjoy.
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.)
15. What amount do you claim from the City of Dubuque?
Undetermined at this time.
16. Why do you claim the City of Dubuque is responsible? Investigation continues, but the City
installed a curb that was unsafe for bike travel without any signage or warnings.
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
Not at this time.
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
NA
Dated at Dubuque, Iowa this 30th day of May 20 23
(Sig (ature)
�Ll(e d
(Prn7t Name)
Received via email
June 5, 2023 1:37 PM
City of Dubuque
City Council Meeting
Consent Items # 03.
Copyrighted
June 20, 2023
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: Kyle Cross for personal injury/property damage; Mary
Koppes for property damage; Robert Lynn for personal injury; Alexis
Lyons for property damage.
SUGGESTED Suggested Disposition: Receive and File; Concur
DISPOSITION:
ATTACHMENTS:
Description
I CAP Referral
Type
Supporting Documentation
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
JONI MEDINGER
LEGAL ADMINISTRATIVE ASSISTANT
To: Mayor Brad M. Cavanagh and
Members of the City Council
DATE: 6/6/2023
RE: Claim Against the City of Dubuque by Kyle Cross
Claimant Date of Claim Date of Incident Nature of Claim
Kyle Cross 5/30/2023 4/27/2023 Person Injury/Property
Damage
This is a claim in which claimant alleges Claimant was riding his bicycle when he went
over a curb with an "unusual lip" causing him to wreck, resulting in bodily injury and
damage to his bicycle.
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
Gus Psihoyos, City Engineer
Kyle Cross
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