Claim by Abigail HandkeCopyrighted
November 20, 2023
City of Dubuque Consent Items # 02.
City Council Meeting
ITEM TITLE: Notice of Claims and Suits
SUMMARY: Abigail Handke for vehicle damage; Mary LeGrand and David Smith for
property damage; District 20 Supply Co./Dennis Noel for vehicle
damage; Donovan Tann for property damage.
SUGGESTED Suggested Disposition: Receive and File; Refer to City Attorney
DISPOSITION:
ATTACHMENTS:
Description Type
Claim by Abigail Handke Supporting Documentation
Claim by Mary LeGrand and David Smith Supporting Documentation
Claim by District 20 Supply Co./Dennis Noel Supporting Documentation
Claim by Donovan Tann Supporting Documentation
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. 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: Abigail Handke
2. Address: 20363 Route 3
City: Durango
3. Telephone Number: (563)590-9177
State: Iowa
4. Date of Incident: Thursday, November 2nd, 2023
5. Time of Incident: 8:30 AM
6. Location of Incident (Be specific): John F Kennedy Road
In front of Honkamp Building (Between Kaufmann Ave & Asbury Rd.)
Zip: 52039
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.)
City Workers ground and replaced old road seals. Crews left behind tar grindings in path of traffic;
outside of cones and displayed work zone. Claiment safely went around work area in opposing lane.
Passenger side tires (front and rear) picked up road grinding in passing that cakes and cooled to tread;
stuck to wheel wells/fenders, and causes driving unsafe past 50 mph.
8. What were weather conditions like? 34 degrees - Mostly Sunny
9. Give name and address of any witnesses: NA
10. Did police investigate? (If so, give names of officers.)
NO
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
NO
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.)
Road Seal Tar caked and cooled to both front and rear passenger tires, stuck to wheel wells/fenders, imbalanced
the ride of the car, and caused the car to not be drivable past 50mph without violently shaking.
Estimates of damage attached from Anderson Weber for Tires & Toys Done Right for Bumpeer, Fender, etc.
13. What other damages do you claim, if any?
The vehicle is no longer safe to drive over 50mph as the car shakes violently and will cause more damage over time.
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?
2166.52
16. Why do you claim the City of Dubuque is responsible?
Road crew left qrindings outside of desi nated coned shut down areas. Passing traffic has to go through leftover
grindings to pass wor ers and truc s sa e y against opposing traffic. improper care for loose grindings cause
damage to my vehicle.
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, Iowa this 2nd day of November 7 2023
Abigail Handke
(Rev. 5/18)
(Signature)
(Print Name)
City of Dubuque
City Council Meeting
Consent Items # 03.
Copyrighted
November 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: Arius Burns and Hayle Johnson for property damage;
Abigail Handke for vehicle damage.
SUGGESTED Suggested Disposition: Receive and File; Concur
DISPOSITION:
ATTACHMENTS:
Description
I CAP Referral
Type
Supporting Documentation
THE CITY OF
DUB bE MEMORANDUM
Masterpiece on the Mississippi
JONI MEDINGER
LEGAL ADMINISTRATIVE ASSISTANT
To: Mayor Brad M. Cavanagh and
Members of the City Council
DATE: 11 /3/2023
RE: Claim Against the City of Dubuque by Abigail Handke
Claimant Date of Claim Date of Incident Nature of Claim
Abigail Handke 11/2/2023 11/2/2023 Vehicle Damage
This is a claim in which claimant alleges Claimant's vehicle was damaged after driving
around a work area where City employees were resealing the road. Road seal (tar)
stuck to Claimant's tires and wheel wells/fenders.
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
Arielle Swift, Public Works Director
Abigail Handke
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