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Claim Reponse -Heacock, Mark JBARRY A, LINDAHL, CORPORATION COUNSEL, CI~.Y Of DUBUQUE MEMO TO: Mayor Terrance M. Duggan and Members of the City Council DATE: October 4, 2001 RE: Claim by Mark and Jamaica Heacock .Claimant Date of Claim Date of Loss Nature of Claim Mark and Jamaica 9/14/01 Heacock End of June Property Damage This is a claim for damage to the claimants' entertainment center, which was damaged when it was moved from the claimants' address during lead paint abatement work. The City hired Dan's Construction to move the claimants' property. Prior to moving the entertainment center, Dan, from Dan's Construction, requested the claimant to move the entertainment center himself since it appeared as though the entertainment center might come apart during relocation. The claimant instructed Dan to move the entertainment center even though Dan indicated that, in his opinion, he thought it would break. During the relocation, the entertainment did in fact break. The forgoing information was provided by Lead Paint Assistant Tami Ernster and Housing and Community Development Department Manager David Harris. It is the recommendation of the Legal Department that the claim be denied. BAL/jm Cc: Michael Van Milligen, City Manager David Harris, Housing and Community Development Manager Mark and Jamaica Heacock 196 DUBUQUE BUILDING 700 LOCUST STREET DUBUQUE, IA 52001-6824 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET