Claim Response - Hodgson, BevBARRY A. LINDAHL, ES~.'
CORPORATION COUNSEL, C[~.~OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
October 26, 2001
RE:
Claim Against the City by Bev Hodgson
Claimant
Date of Claim
Date of Loss
Nature of Claim
Bev Hodgson 9/14/01 9/12/01
Vehicle Damage
This is a claim in which the claimant states that while City employees were cutting the
grass near her vehicle, one of them scratched the side of her vehicle.
According to the report of Cindy Steinhauser, Parking Systems Manager/Assistant City
Manager, an investigation of Ms. Hodgson's claim was conducted. After speaking with the
employee conducting the routine maintenance of the area and examining the equipment
used on the day the claimant states the scratch appeared on her vehicle, it is Ms.
Steinhauser's opinion that the City is not responsible for the damage to the claimant's
vehicle. It is her recommendation that this claim be denied. The Legal Department
concurs with this recommendation.
BAL/jm
Attachment
Cc:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Cindy Steinhauser, Parking Systems Manager/Assistant City Manager
Bev Hodgson
196 DUBUQUE BUILDING 700 LOCUST STREET DUBUQUE, IA 52001-6824
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMA~L BALESQ~MWCI.NET
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 23, 2001
To: Jesse Mullen, Legal Department ~,~
From: Cindy Steinhauser, Assistant City Manager
Re: Claim of Bev Hodgson
Introduction
This memorandum is in response to the vehicular damage claim brought on by Ms.
Hodgson.
Discussion
On September 14, I received a call from Leisure Services Director Gil Spence regarding
a damage claim to a private vehicle parked at a meter located on 9th & Iowa Streets.
This vehicle was parked adjacent to municipal lot #1. The vehicle owner, Bev Hodgson,
complained about a scratch on her vehicle along with grass clippings. Ms. Hodgson
indicated that the scratch, along with spraying grass clippings on her vehicle, was
caused by whoever mowed the public space. Gil agreed to meet with Ms. Hodgson and
provide her the necessary forms to submit a claim to the City.
In conducting an investigation of the incident the following information was provided by
the parking division employee who was conducting routine maintenance of the area
(see attached statement):
· The area was mowed on the day of the incident;
· A mulch mower was not used and therefore grass clippings did spray onto the
sidewalk and vehicle;
· The parking division employee noticed the scratch prior to beginning mowing in the
area as indicated on the attached statement;
· On September 14, at my request, two parking division employees examined the
equipment used the day of the incident and could find no evidence of red paint chips
or debris that would come from creating a scratch as indicated on Ms. Hodgson's
vehicle. This equipment had not been used after this incident and was available for
examining; and
· Further investigation of the equipment indicates that there are no handles or
protruding objects that would match the height of the scratch on Ms. Hodgson's
vehicle.
Recommend
Based upon the above information I recommend that Ms. Hodgson's claim be denied.
Attachment
Friday, September 14, 2001
Ms. Cindy Steinhauser:
While doing my weekly grass cutting duties in the 900 block of Iowa Street adjacent to the City
owned parking Lot #1, I had noticed that I was getting grass clippings on cars parked along the
curb line on Iowa Street. I tried to be careful about getting grass on the cars but nonetheless, I
did. I for some reason also noticed a newer red Chevy pick-up truck with a white scratch on its
quarter panel (the scratch was very noticeable).
Thinking I may have done this, I did some investigating. I measured where the handle of the
lawn mower was in relation to the scratch. The scratch was too high. I also investigated other
means on how I could have done this. 2[ came to the conclusion that there was no way I could
have done this. That is the reason I never reported it. However, I admit to spraying grass on the
cars. I should have used better judgment. I will be more careful in the furore. (The purchase of
a mulching mower would help solve this problem.) Sorry for the hassle.
Sincerely,
Randy Specht