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Claim by April ColehourCopyrighted February 19, 2024 City of Dubuque Consent Items # 02. City Council Meeting ITEM TITLE: Notice of Claims and Suits SUMMARY: Kami Adolf for vehicle damage; April Colehour for personal injury; Douglas Harkey for property damage; Nick May for property damage; Natalie Oltmanns for vehicle damage. SUGGESTED Suggested Disposition: Receive and File; Refer to City Attorney DISPOSITION: ATTACHMENTS: Description Type Claim by Kami Adolf Supporting Documentation Claim by April Colehour Supporting Documentation Claim by Douglas Harkey Supporting Documentation Claim by Nick May Supporting Documentation Claim by Natalie Oltmanns Supporting Documentation CY)V M Lgak cktzs�i'VN65 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. April Colehour 2. Address: City: 922 Gar -field Ave. Dubuque State: Iowa Zip: 52001 563-513-5938 3. Telephone Number: 4. Date of Incident: 4/12/2023 MMMI, 5. Time of Incident: 6. Location of Incident (Be specific): 912 Garfield Ave., Dubuque IA 52001 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.) At the address above, a tree and/or sidewalk that is believed to belong to the City of Dubuque was not maintained. As a result, the roots of the tree caused the sidewalk to be heavily eroded and cracked. This caused a fall that resulted in serious injuries. 8. What were weather conditions like, Partly cloudy, dry ground 9. Give name and address of any witnesses: None known at this time. 10. Did police investigate? (if so, give names of officers.) The Dubuque Police Department filed an incidentiinvestigation report. Officer Kara Pender wrote the report. 11. Was anyone injured? (if so, give names, addresses, and extent of injuries). 1, April Colehour, was injured at the address listed above. An ambulance was called. Extent of injuries are as follows: Broken left ankle, right leg pain, lower back and right hip pain, Three (3) surgeries were performed on right leg, with a boot on left ankle after the incident. 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.) No damage to property. 13. What other damages do you claim, if any? None at this 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.) April Colehour has not received any compensation for any part or all of my claim by any insurance company. April Colehour is still receiving medical 15. What amount do you claim from the City of Dubuque? treatment, so amount of claim is unknown at this time. The city was negligent in failing to maintain 16. Why do you claim the City of Dubuque is responsible? tree and sidewalk. 17. Have you made any claim against anyone else for damages as a result of this incident? (if yes, give name and address.) Anthony Neises, 912 Garfield Ave Dubuque, IA 52001 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? None. Dated at Dubuque, Iowa this 16th day of October 1 2023 . (Signature) (Print Name) 770 1 r C-D -0 ,'D > FF (Rev. 5118) (D City of Dubuque City Council Meeting Consent Items # 03. Copyrighted February 19, 2024 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: Kami Adolf for vehicle damage; April Colehour for personal injury; Douglas Harkey for property damage; Nick May for property damage; Natalie Oltmanns for vehicle 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: 2/6/2024 RE: Claim Against the City of Dubuque by April Colehour Claimant Date of Claim Date of Incident Nature of Claim April Colehour 10/16/2023 4/12/2023 Personal Injury This is a claim in which claimant alleges Claimant was injured when she fell on a sidewalk. 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 April Colehour 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