Claim Response Ball RossBARRY A. LINDAHL~
C O ~'Ot~ATI O14
MEMO
To:
Mayor Terrance M. Duggan
and m~ers of the City Council'
January 30, 2001
Claim of Ross..Ball
Claimant
Date of Claim Date of Loss Nature of Claim
Ross Ball
1/22/01 "last week of property
Dec/lst week damage
Jan"
This is a claim for damages to the Claimant's large flower
pots, which were damaged by "a City employee who scooped the pots
up while shoveling-snow and damaged them."
According to the report, of John Klostermann; Street/Sewer
Maintenance Supervisor, due to 'the record-breaking snowfalls in
~ec-mher, it was necessary to remove snow from between the sidewalk
and curb in the metered areas of downtown. Although the p6ts were
damaged by City. crews; it is his.opinion that since the pots were
covered with sno~and located on'City, right-of-way, the City is not
responsible for th~ damage. It is his recommendatio~ that 'this
claim be denied;
the Legal Department concurs.
BAL/cg
cc - Mr. Don Vogt
cc - Mr. John Klostermann'
cc - Mr. Ross Ball
Operations & Maintenance
Depm'tment
925 Kerper Blvd.
Dubuque, Iowa 52001-Z338
Phone (319) 589-4250
FAX (319) 5~9~252
January 29,2001
Barry Lindahl
Corporation Council
50 WeSt 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond tO the claim filed by Mr. Ross Ball on January 20, 2001.
Due to the record-breaking snowfalls in December, it was necessary to remove snow
from between the sidewalk and curb in the metered areas of the downtown district. The
flower pots that Were damaged by city crews were located in front of 1298 Locust
Street. The pots were covered with snow and located within the street right of way. It is
my opinion that since the flower pots were located on city dght of way we are not
responsible for the damage that occurred.
It is therefore my recommendation to deny the claim as filed by Mr. Ross.
If you need any additional information concerning this claim, please contact me.
Sincerely,
Street/Sewer Maintenance Supervisor
Service People Integrity Responsibility Innovation Teamwork