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Claim Response Lorenz, CoreyBARRY A. LINDAHL, CORPORATION COUNSEL, UBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: November 5, 2001 RE: Claim Against the City by Corey Lorenz Claimant Date of Claim Date of Loss Nature of Claim Corey Lorenz 10/18/01 10/17/01 Vehicle Damage This is a claim in which the claimant states that his tire was damaged after going over a pothole on Jackson Street. According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, he was aware of this defect and had made arrangements to have it repaired prior to receiving this claim. The pothole is located between railroad tracks on Jackson Street, thus, the Operations and Maintenance Department was unable to barricade the defect or provide advanced warning. It is Mr. Klostermann's recommendation that the claim be approved for payment based on his pdor knowledge of the construction defect. The Legal Department concurs with this recommendation. BAL/jm Attachment Cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street/Sewer Maintenance Supervisor Corey Lorenz 196 DUBUQUE BUILDING 700 LOCUST STREET DUSUOUE, IA 52001-6824 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET (319) 5894250 (319) 5894252 FAX October 25, 2001 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Mr. Corey Lorenz. Mr. Lorenz claims he damaged his tire when he hit a hole located between the railroad tracks on Jackson Street. I was aware of this defect and had plans to repair it before we received this claim. Because this is an active rail, we were unable to barricade the defect or provide advance warning. It is my recommendation to pay the claim based on my prior knowledge of the construction defect. If you need any additional information concerning this claim, please contact me. Sincerely, n KlOstermann Street/Sewer Maintenance Supervisor Service People Integrity Responsibility lnnovatSon Tearnwo~k