Claim Response Bay, MattBARRY A. LINDAHi~ ES~~Q.
CORPORATION COUNSI~L, CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
October 11, 2001
RE:
Claim Against the City by Matt Bay
Claimant
Date of Claim.
Date of Loss
Nature of Claim
Matt Bay 10/4/01 9/7/01
Vehicle Damage
This is a claim in which the claimant states that a golf ball from Bunker Hill Golf Course hit
the windshield of his vehicle, which was parked in the Emmaus Bible College parking lot.
According to the report of Gil Spence, Leisure Services Manager, no report was filed with
his office regarding this incident. He states that "a person would have had to intentionally
hit a ball onto the Emmaus property" for a vehicle to have been struck by a golf ball. It is
his position that the City cannot be held accountable for the intentional acts of others.
Therefore, it is his 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
Gil Spence, Leisure Services Manager
Matt Bay
196 DUBUQUE BUILDING 700 LOCUST STREET DUBUQUE, IA 52001-6824
TELEPHONE (563) 583-4113 / FAX (563) 583-1040/EMAIL BALESQ~MWCI.NET
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 9, 2001
TO: Jessica Mullen, Legal Department
h
FROM: Gil D. Spence, Leisure Services Manager~
SUBJECT: Claim by Matt Bay
We have never paid a claim from a golf bail hitting a car on the street or in the parking
lot. It has always been our position that the matter was between the golfer and the
owner of the vehicle.
I could find no record of a report filed with our office on this incident. A person would
have had to intentionally hit a bali on to the Emmaus property if a car was hit while
parked in their lot. I do not believe the City can, or should, be held responSible for
someone's intentional act.
Let me know if you have any questions.
GDS:et