Claim Response LeFevourBARRY A. LINDAHL, ESQ~
Co ~PO~ATt ON Co U N SE~ ~
MEMO
To:
Date:
Mayor Terrance M. Duggan
and members of the City Council
January 25, 2001
Claim of Kelly LeFevour
Cls4m~t Date of Claim Date of Loss Nature of Claim
Kelly LeFevour 1/5/01 1/4/01 tire damage
This is a claim for damages to the Olaimant's tire, which
popped when he hit a rod sticking out of the curb that had been
dislodged by a snow plow and then covered up by snow.
Under Iowa law, a city is not the insurer of the condition of
its streets, and is only liable if it .is negligent.. The City's
duty is to exercise reasonable care to keep its streets free from
defects. Before 'a city is liable for damage caused by a Street
.defect, the city must have had actual knowledge or constructive
notice of the defect, with sufficient time to have repaired it
prior to the incident causing damage. Actual knowledge occurs when
the city is actually aware of the defect;, constructive notice
occurs when the defect has existed for such a period Of time that
a reasonable person would have d'
· scovered it.
According to the report of Mr.. John Klostermann, Street\Sewer
Maintenance Supervisor, the City has had a history of problems with
this metal edge, and it is his recommendation that the claim be
paid, based on constructive knowledge of the defect.
It is therefore the recommendation of the Legal _~.t_~t
that this claim, in the amount of $114.48, be paid by ~he~F~ce
Director and submitted to iCAP for reimbursement.
cc Mr. Don Vogt / // ~
cc - Mr. John Klostermann '
cc - Mr. Kelly LeFevour ~Z~D~~
T~t.~ 319 55~-4 I 13 ~&X 319 583. 1040
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Operations & Maintenance
Department
925 Kerpe~ Blvd.
Dubuque, Iowa 52001-2338
Phone (319) 589-4250
iAX (3t9) 589-4252
January 19,2001
Barry Lindahl
Corporation Council
50 W'est 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Kelly LeFevour on January 5, 2001.
On January 4, 2001, Mr. Kelly LeFevour notified officer Latham that he damaged his
tire while parking his vehicle along the curbing on 9th Street east of Locust. His tire
was damaged when he hit a metal edge that was pulled away from the curb and
covered with snow. It is my understanding that this metal edge was installed to protect
the sub - basements of the building located on the north side of 9th street between
Locust and Main.
We have had a history of problems with this metal edge. As we become aware of
problems, we respond by removing the damaged edge. As stated in the claim, this
damage may have occurred while we removed snow from the street.
It is my recommendation to pay the claim as filed based on our history with this metal
edge.
If you need any additional information, please contact me.
Sincere~i.
Street/Sewer Maintenance Supervisor