Claim Response - LudovissyBARRY A. LINDAHL~ ES~.
CORPORATI'ON COUNSEL, CIT~OF DUBUQUE
MEMO
To:
DATE:
RE:
Claimant
David Ludovissy
Mayor Terrance M. Duggan and
Members of the City Council
June 13, 2001
Claim by David Ludovissy
Date of Claim
4/16/01
Date of Loss
4/9/01
Nature of Claim
Property Damage
This is a claim in which the claimant states that a sewer main was blocked, which caused water
to enter his place of business.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, there is a
history of problems with this particular line; however, those problems were attributed to surcharging
sanitary sewers due to heavy rains. On this occasion, the back-up was due to blockage resuking
from an unknown object or debris in the line. The Department cleaned the line in a timely manner
after receiving notice of a potential problem with the line.
Mr. Klostermann recommends denial of this claim based on lack of prior knowledge. The Legal
Department concurs in this recommendation
BAL/jm
Attachment
Cc: John Klostermann, Street/Sewer Maintenance Supervisor
David Ludovissy
196 DUBUQUE BUILD1NG 700 LOCUST STREET DUBUQUE, IA 52001-6824
TELEPItONE (319) 5834113 /FAX (319) 583-1040/EMAIL BALESQ~MWCI.NET
Operations & Maintenance Depar~nent
925 I<erper Boulevard
Dubuque, Iowa 52001~2338
(319) 5894250
(319) 589-4252 FAX
June 4.2001
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. David Ludovissy concerning a
sewer back up on April 9, 2001.
Our records show that we received our first notice of a possible problem with this
line at 6:00AM. A crew arrived around 6:15AM and found that our line was
plugged. They cleaned the line and service was restored in a timely manner.
As stated in the claim, we have had a history of problems with this line.
However, problems in the past were related to surcharging sanitary sewers due
to heavy rain event. This problem was not due to a surcharging sanitary but an
unknown object or debds, which plugged the line. Our records also show that we
cleaned and inspected the line in May of 1999. No construction defects were
found during that inspection.
It is therefore my recommendation to deny this claim based on the lack of any
prior knowledge.
If you need any additional information concerning this claim, please contact me.
Street/Sewer Maintenance Supervisor
Service People Integrity Responsibility hanovation Teamwork