Claim by Chicago Central & Pacific RailroadCity of Dubuque Consent Items # 02.
City Council Meeting
ITEM TITLE: Notice of Claims and Suits
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
June 3, 2024
Chicago, Central & Pacific Railroad for property damage; Edward &
Diane Claycomb for vehicle damage.
Suggested Disposition: Receive and File; Refer to City Attorney
Claim by Chicago Central Pacific Railroad
Claim by Edward & Diane Claycomb
Type
Supporting Documentation
Supporting Documentation
mvm
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; Chicago, Central & Pacific Railroad
2. Address: PO Box 2600
City: Jackson State: Mississippi (MS) Zip: 39207-2600
3. Telephone Number: 601-383-6300
4. Date of Incident: May 9, 2024
5. Time of Incident: at or around 0822 Iowa Time
6. Location of Incident (Be specific): southbound in the 1000 block of Commercial Street (bridge overpass)
in Dubuque, Iowa.
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 of Dubuque Driver Kory James Folk attempted to drive the City's garbage truck under the bridge overpass. Mr. Folk failed
to adhere to the 1 0-feet 9-inch clearance sign The impact damaged the overpass bent the rails, and caused train delays.
8. What were weather conditions like?
I Inknown
9. Give name and address of any witnesses: Unknown
10. Did police investigate? (If so, give names of officers.)
Yes - Officer Jeff Tupper of the Dubuque Police Department
11. Was anyone injured? (if so, give names, addresses, and extent of injuries).
Unknown of Kory Folk was inured.
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.)
Yes - overpass damaged, rails above overpass bent, and train delays.
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.)
15. What amount do you claim from the City of Dubuque?
Unknown - Costs not yet finalized.
16. Why do you claim the City of Dubuque is responsible?
The City of Dubuque's driver failed to adhere to the traffic control signs.
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?
Not Applicable
Canton, MS 20 24
Dated at 8D(Ujja this 16th day of May ,
(Signature)
Leesha L. Bell (Print Name)
71
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City of Dubuque
City Council Meeting
Consent Items # 03.
Copyrighted
June 3, 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: Chicago, Central & Pacific Railroad for property
damage; Edward & Diane Claycomb 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: 5/20/2024
RE: Claim Against the City of Dubuque by Chicago, Central, Pacific Railroad
Claimant
Chicago, Central
& Pacific Railroad
Date of Claim Date of Incident Nature of Claim
5/20/2024 5/9/2024 Property Damage
This is a claim in which claimant alleges that a City employee drove a garbage truck
under a railroad bridge overpass and "failed to adhere to the 10-feet 9-inch clearance
sign" causing damage to the overpass which bent the train rails and train delays.
This claim has been referred to the Iowa Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Arielle Swift, Public Works Director
Chicago, Central, & Pacific Railroad
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