Claim Response Ernzen DonB A P- P.Y A.
Co~?OZ.A'rlON C o g t4 s ~. r~,
MEMO
Date:
Mayor Terrance M. Duggan
and members of the City Council'
January 30, 2001
Claim of Don ~rnzen
Claimant
Don Ernzen
Date of Claim Date of Loss Nature of Claim
1/09/01 12/27/00 property damage
This is a claim for damages, to the claimant's refuse
container', which he believes was crushed by a City garbage truck.
According to the report' of Paul Schultz, Solid Waste
~anagement Supervisor, after his investigation of the facts, he
does not believe he has sufficient information to.be reasonably
.sure that C~ty-crews-caused the. damag~ to the claimant's refuse
container. As ~ result he recommends denial of the claim; the
Legal Departn~ent concurs with his recommendation.
BAL/cg/Enclosure
cc - Mr. Don Vogt
cc - Mr. Paul Schultz
cc - Mr. Don Ernzen
196 CYCA'~ P~AZA DU~UQUI~ IOWA 52001
c-mill bilcscl~mvci-n~
CITY OF DUBUQUE, IOWA
MEMORANDUM
January26, 2000
TO:
FROM:
Paul F. Schultz, Solid Waste Management Sup~r.~"~
SUBJECT:
Cis~m of Don and Brenda Ernzen
I spoke with the complainant regarding crew handling and throwing of refuse containers in
general. The crew was not available to answer questions at the ~ of the call. When I asked the
crow regarfling the alleged incid~n:it, they eonld not recall damaging this container.
The crews fininhed collection by 3PM on 12-27-00 so the statement that the time of the
incident was 'qate afternoon" is not fully correct.
Crews arc not requix~ to return refuse containers to an upright position and often toss
them back to the setout location, Tl~y are expeoted to remm them to within 3 fe6~ of the original
setout loeafio~ but not to block sid~alks, driveways or Waffic lanes. Given the snowy situation on
~hi~ day and containers being nYalrglod to tho parking lane wherc the customer set them ouL it is
likely that another vehicle may have ran over the nffuse conmlner.
The caastomer did not claim to see our m~ck nm over the container. It is highly nnl~ely
that the coz, tainer rolled underneath the truck and ran over it. Containers are emptied in the rear of
the truck whore a ~ber tides~ and ~ 'il'tick moves :~ox'waxd makinE O110 pass, almost
always, on this street.
Given the above, I do not have sufficient information to be reasonably sure that our crews
directly caused the damage to the claimant's ~ ~. As a result, I mllst re, comrfl~lcl
denial of the claim as filed.