Claim Response Kane, KathleenBARRY A. LINDAHL~
COI~PO~ATION COUNSEL
MEMO
To:
Re:
Mayor Terrance M. Duggan
and members of the City Council
Claim of Kathleen M. Kane
February 22, 2001
Claimant
Kathleen M. Kane
Date of Claim Date of Loss Nature o'f claim
1/31/01 12/24/00 tire damage
This is a claim for damages to'the claimant's tire, which it
sustained when it hit a snow-covered pot hole on .Southway Drive.
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 discovered it.
This claim was reviewed by both the Street Department and the
Water Department and their records indicate that the Cit~ha6~no
prior knowledge of the pot hole before the accident oc~r~d.~
It' is therefore the recommendation of the
~hat this claim be denied.
BAL/cg/Enclosures
cc - Mr. Don Vogt
cc - Mr. John Klostermann
cc - Mr. Robert Green
cc - Ms. Kathleen Kane
196
e-mail balcsqi~mwci.nct
Operations·& Maintenance
Department
925 Kerper Blvd.
Dubuque, Iowa 52001-2338
Phone (319) 5894250
F~x (3!9) 589425z
February 6, 2001
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Ms. Kathleen Kane.
On December 24, 2000, Ms. Kane claims she hit a deep pothole on Southway Drive
and damaged her tire.
We have no record of any reported pothole at that location. Our records do show that
we notified the Water Department on November 21, 2000 of water running in the street
due to a possible water break at that intersection.
It is therefore my recommendation that you forward this claim to the Water Department
for the condition of this street and their recommendation concerning this claim.
If you need any additional information concerning this claim, please contact me,
Sin'cerely,
Street/Sewer Maintenance Supervisor
Service People Integrity Responsibility Innovation Teamwork
Utilities Department
1902 Haw~h°rne Street
Dubuque, lowa 520ff1-1416
Phone (319) 5894291
FAX (319) 5894297
February l3,2001
Barry A. Lindahl, ESQ.
Corporation Counsel
196 Dubuque Building
700 Locust Street
Dubuque IA 52001
RE: Claim ofKathleen NL K.~ue
Dear Mr. Lindahl:
In review of our records, I find that we had a water main break at 2285 South Way Drive on
December 12, 2000.
The Department repaired this leak and properly back filled and repaked the street to winter
conditions.
Department records show that we have no correspOndence or request to perform additional
repairs to the street in this area~ .
It is Stafi~s position that the pothole:located on South Way associated with the incidem was not
created by the water ms{n br~tk, For this reaSOn Water Department Staff and I respectfully
recommend that this claim be .denied.
Should you have any further questions on this pleaSe call me at 42912
Robert M. Green
Water Department Manager
cc: File
Service People ' Integrity Responsibility Innovation Teamwork