Claim Response, Kelly, ElizabetBARRY A. LINDAHL~
CORPORATION COUNSEL,
Q~UBUQUE
MEMO
To:
DATE:
RE:
Claimant
Elizabeth Kelly
Mayor Terrance M. Duggan and
Members of the City Council
July 24, 2001
Claim by Elizabeth Kelly
Date of Claim
7/16/01
Date of Loss
7/16/01
Nature of Claim
Vehicle Damage
This is a claim in which the claimant states that while a fire hydrant was being cleaned, the
water pressure from the hydrant hit her car and tore the power steering belt.
According to the reports of Chief Dan Brown and Captain Michael Weidemann, the Fire
Department was flushing out fire hydrants that day. However, they were using the proper
equipment and procedure in flushing out the hydrants. The process produces a minimum
flow of water, which is not enough to cause the damage stated in Ms. Kelly's claim.
It is Chief Brown and Captain Weidemann's recommendation that this claim be denied.
The Legal Department concurs with this recommendation.
BAL/jm
Attachments
Cc:
Chief Dan Brown, Fire Department
Captain Michael Weidemann, Fire Department
Elizabeth Kelly
196 DUBUQUE BUILDING 700 LOCUST STREET DUBUQUE, IA 52001-6824
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET
Fire Depa. tuLent
11 West 9th Street
Dubuque, Iowa 520ffi~839
(563) 5594160 office
(563) 5894209 fax'
dbrown@cityofdubuque.org
E. Daniel Brown, Ckief
July 23, 2001
Barry A. Lindahl, Esq.
Corporation Counsel
196 Dubuque Building
700 Locust Street
Dubuque, IA 52001
Re: Claim of Elizabeth Kelly
Dear Barry:
I am enclosing a copy of a report from Captain Michael Weidemann, Engine 502,
2180 John F. Kennedy Road. Captain Weidemann and his crew flushed the fire
hydrant at Carter Road and Kaufmann Avenue on Monday, July 16, 2001 as
stated in the claim of Elizabeth Kelly.
After reviewing this report, it is our opinion that the Fire Department did not
contribute to the breakdown of the power steering belt as Ms. Kelly stated in her
claim. I recommend that this claim be denied.
Sincerely,
E. Daniel Brown
Fire Chief
EDB:Is
Service People Integxi~y Respons~b~dty Innovation Teamwork
Fire Department
11 West 9th Street
Dubuque, Iowa 52001-4839
(319) 589-4160
E. Daniel Brown, Chief
Dear Sir or Madam,
This letter is in response to a claim against the City of Dubuque. On July 16.
2001, Elizabeth Kelly alleges that water discharging from a fire hydrant, located
at Carter Road and Kaufrnann, tore the power steedng belt on her 1993 Chrysler
LeBaron. She claims the oity is responsible for replacement and labor costs of
$58.25.
In our opinion the claim is completely without merit. We were flushing hydrants
that day. We were using all of the proper equipment and procedures. We were
flowing one 2 ½' line through our diffusing tee. This flows a minimum of water.
not nearly enough to damage anything. On the same day and area five year old
children were playing in the discharging water inches from the outlet without
getting knocked down or even pushed around.
While we do not doubt her claim that this eight year old serpentine belt did break
that day. And we have no cause to doubt that she drove past us while we were
flushing hydrants, however, it is our opinion that we in no way contributed to the
belt breaking but rather the belt probably just wore out.
Sincerely,
Capt. M. Weidemann
F.E.O R. Swartz
F.F.K. Esser