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Claim Response - Karen SaboeBARRY A. LINDAHL~ ~EsQ. CORPORATION COUNSEL, ~ITY OF DUBUQUE MEMO To: DATE: RE: Claimant Karen A. Saboe Mayor Terrance M. Duggan and Members of the City Council August 31, 2001 Claim by Karen A. Saboe Date of Claim 8/21/01 Date of Loss 8/5/01 Nature of Claim Vehicle Damage This is a claim in which the claimant states that while exiting the driveway of her apartment complex, her vehicle's tire went over a large depression in the ground and the edge of the curb punctured the tire. According to the report of John KIostermann, Street/Sewer Maintenance Supervisor, this claim should be denied based on the lack of any prior notice of the defect. The Legal Department concurs with this recommendation. BAL/jm Attachment Cc: John Klostermann, Street/Sewer Maintenance Supervisor Karen A. Saboe C) 196 DUBUQUE BUILDING 700 LOCUST STREET DUBUQUE, IA 52001-6824 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET Operations & Maintenance Department 925 Kerpe~ Boulevard Dubuque, Iowa 52001-2338 (33.9) 5894250 (319) 589-4252 FAX August 29, 2001 Barry Lindahl C:orporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Ms. Karen Sadoe. In Ms. Sadoe's claim, she states'that she destroyed the tire on her vehicle while exiting the driveway of her apartment complex. As stated in the claim, she hit a depression next to the driveway approach, between the sidewalk and curb. I believe this depression is due to vehicular traffic leaving the apartment complex and driving off the paved area of the approach. The defect in the curb is not an issue because the defect is located on the backside of the curb and not in the paved driving area. As stated in the claim, we received our first notice of this defect when Ms. Sadoe notified us, a day after the incident. It is therefore my recommendation to deny this claim due to the lack of any prior notice of this defect. If you need any additional information concerning this claim, please contact me. SincerelY, ~j Jo~n ostermann · Street/Sewer Maintenance Supervisor JLKJvle Service People Integrity Responsibility Innovation Teamwork