Claim Referral, Kohl, KimberlyBARRY A. LINDAH~'~_, ESQ.
CORPORATION COUNS~,L/ CITY Of DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
July 25, 2001
RE:
Claim by Kimberly Kohl
Claimant
Date of Claim
Date of Loss
Nature of Claim
Kimberly Kohl 7/9/01 6/25/01
Personal Injury
This is a claim in which the claimant states that while her son was riding his bicycle, he fell
into a hole outside their home located at 1665 % Elm Street.
According to the reports of John KIostermann, Street/Sewer Maintenance Supervisor, and
Bob Green, Water Department Manager, there is no connection between the hole the
claimant's son fell into and the City of Dubuque. The police report indicates that Mueller
Pipeline is responsible for the holes. Therefore, Mr. Klostermann and Mr. Green
recommend that this claim be denied and forwarded to Mueller Pipeline. The Legal
Department concurs with this recommendation.
BAL~m
Attachments
Cc:
Bob Green, Water Department Manager (w/ attachments)
Mike Koch, Public Works Director/City Engineer (w/ attachments)
John Klostermann, Street/Sewer Maintenance Supervisor (w/ attachments)
Kimberly Kohl (wi attachments)
196 DUBUQUE BUILDING 700 LOCUST STREET DUBUQUE, IA 52001-6824
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET
Operations & Maintenance Depattcaent
925 Kerper Boulevard
Dubuque, Iowa 52001-Z338
(319) 589~250
(319) 589~252 FAX
July 13, 2001
Barry Lindahl
Corporation Council
50 West 13th Street
Dubuque, IA 52004-4864
This letter will respond to the claim filed by Kimberly Kohl.
The Operations and Maintenance Department did not have any crews digging in the
1600 block of Elm Street at the time of the incident. I am not aware of any other city
department performing maintenance, but you should check with the water department.
As stated in the claim, Mueller Pipeline has been repairing the gas line on Elm Street.
It is therefore my recommendation to forward this claim to Mueller Pipeline and to the
water department to see if they have any knowledge of this incident.
If you need any additional information concerning this claim, please contact me.
Sincerely,
Iostermann
Street/Sewer Maintenance Supervisor
Service People Integrity Responsibilify LrmovaQon Teamwork
Utilities Department
1902 Hawtl~ome Street
Dubuque, Iowa 52001-1416
Phone (319) 589-42_91
FAX (319) 589~2q7
July 17, 2001
Barry A. Lindahl, Esq.
Corporation Counsel
196 Dubuque Building
700 Locust Street
Dubuque IA 52001
RE: Claim Against the City by Kimberly Kohl (June 25; 2001)
Dear Bar~:
In reviewing fl3is claim and the police report, I find that the hole this person fell into
belongs to Mueller Pipe Line. Their company address is listed on the last page of the
pOlice report.
Therefore, it is my recommendation that this claim be denied.
Should you have any further questions on thiS please call me at 589-4291.
Sincerely,
rt M Green
Water Department Manager
Attach.
cc: File
Service People Integrity Respor~ibility Innovation Teamwork
Barry A. Lindahl, Esq.
Corporation Counsel
196 Dubuque Buildh~g
700 Locust Street
Dubuque, Iowa 52001-6824
(563) 5834113 office
(563) 583-1040 fax
balesq@mwci.net
July 25, 2001
Ms. Kimbedy Kohl
1665 1/~ Elm Street
Dubuque, IA 52001
RE: Your Claim Against the City of Dubuque
Dear Ms. Kohl:
This letter is in regards to your claim against the City of Dubuque, in which you state
that while your son was riding his bicycle, he fell into a hole located at 1665 % Elm
Street.
After looking into the matter, we have found that there is no connection between the
hole your son fell into and the City of Dubuque. Therefore, if you wish to recover for
your loss, you should contact the company that is responsible for the holes. The police
report, which our office sent to you on July 12, 2001, indicates that Mueller Pipeline is
responsible for the hole in question.
Very sincerely,
a~rry~nseI
BAL/jm
Cc:
Bob Green, Water Department Manager
Mike Koch, Public Works Director/City Engineer
John Klostermann, Street/Sewer Maintenance Supervisor