Claim Response Bird, VirginiaBARRY A. LINDAHL,
CORPORATION COUNSEL, ~CITY OF DUBUQUE
MEMO
To:
DATE:
RE:
Claimant
Virginia Bird
Mayor Terrance M Duggan and
Members of the City Council
December 7, 2001
Claim Against the City by Virginia Bird
Date of Claim Date of Loss
11114101 11110/01
Nature of Claim
Vehicle Damage
The claimant states that rocks protruding from a curb damaged her tire, which resulted in it
having to be replaced.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, his
records do not indicate that the Operations and Maintenance Department had been
irCormed of the defective curbing. Therefore, it is his recommendation that this claim be
denied based on lack of prior knowledge. 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
Virginia Bird
SUITE 330, HARBOR VIE~V PLACE, 300 MAiN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCLNET
Operations & Maintenance Department
925 Kerf>er Boulevard
Dubuque, Iowa 52001~2338
(319) 5894250
(319) 5894252 FAX
November 26, 2001
Barry Lindahl
Corporation Council
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Ms. Virginia Bird.
Ms. Bird claims she damaged her tire when she hit the curb near 1363 Iowa
Street. I recently inspected the site and found that the curb along that area of
Iowa Street is reck construction. As with most rock curbing, some areas are in
poor shape.
Although this section of curbing is in poor shape, our records show that we did
not receive any prior notification of this defect. It is therefore my
recommendation to deny the claim due to the lack of prior knowledge.
If you need any additional information conceming this claim, please contact me.
Sincerely,
Jo n~KIc~e~
Street/Sewer Maintenance Supervisor
JK/Iml
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