Claim Response, Z. BreitbachBARRY A. LINDAHL~
CORPORATION COUNSEL,
~BUQUE
MEMO
To:
Mayor Terrance M. Duggaa and
Members of the City Council
DATE: June 27, 2001
Claim by Zachary S. Breitbach
Claimant Date of Claim Date of Loss
Nature of Claim
Zachary S. Breitbach 5/24/01
5/18/01 Tire Damage
This is a claim in which the claimant states that while he was driving on John F. Kennedy Road,
his tire went over a pothole, which destroyed his tire and bent the dm.
According to a report by John Klostermann, Street/Sewer Maintenance Supervisor, there was a
report of a pothole on John F. Kennedy Road on February 13, 2001, which the Department repaired.
Mr. Klostermann states that the next report of a pothole on that road came from the Police
Department on May 18, 2001, which is the day that the claimant's tire sustained damage. The
pothole was repaired that day. Therefore, it is the recommendation of Mr. Klostermann that the
claim be denied based on tack of prior knowledge relating to the pothole. The Legal Department
concurs with this recommendation.
BAL/jm
Attachment
Cc~
John Klostermann, Street/Sewer Maintenance Supervxsor
Don Vogt, Operations and Maintenance Manager
Michael Koch, Public Works Director/City Engineer
Zachary S. Breitbach
196 DUBUQUE BUILDING '700 LOCUST ST2LEET DUBUQUE, IA 52001-6824
TELEPHONE (563) 5834113 / FAX (563) 583-1040 / EMAm BALESQ~IWCLNET
Operations & Mainttmance Department
925 Kerpex Boulevard
Dubuque, Iowa 52001-2338
(319) 589-4250
(319) 5894252 FAX
June 25,2001
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Zachary S. Breitbach, due to a pothole
he hit while driving on John F. Kennedy Road.
Our records show that we had a report of a pothole in the southbound lane on John F.
Kennedy Road on February 13, 2001. A crew was dispatched and the hole was
repaired. Since February we had not received any additional notification concerning
this hole until we received a report from the police on May 18, 2001. the day Mr.
Breitbach had his incident. A crew was dispatched and the repair made that day.
It is therefore my recommendation to deny the claim due to the lack of prior knowledge
concerning this pothole.
Sincerely,
Street/Sewer Maintenance Supervisor
Service People Integrity Responsibility Innovation Teamwork