Claim by Joseph Maloney {
THE CITY flF
DUBUQUE MEMORANDUM
Masterpiece on the Mississippi1
II
1,
TRACEY STECKLEIN
PARALEGAL
i
To: Mayor Roy D. Buol and
Members of the City Council
DATE: July 28, 2015 1
RE: Claim Against the City of Dubuque by Joseph Maloney
Claimant Date of Claim Date of Loss Nature of Claim
Joseph Maloney 07/23/15 07/19/15 Vehicle Damage
This is a claim in which claimant alleges that as he was driving on JFK approaching
Asbury Road, he drove over a large piece of loose concrete and damaged his vehicle.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
ry'
cc: Michael C. Van Milligen, City Manager
John Klostermann, Street & Sewer Maintenance Supervisor
Joseph Maloney
i
�I
F,
I
I
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL tsteckle@cityofdubuque.org
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA fir'
This written report constitutes your claim against the City of Dubuque, Iowa. You should s
complete this form in full and attach any additional information that supports your claim.
The Claim must be filed with the City Clerk at City Hall, 50 W. 13 th St., Dubuque, IA 52001. It
will then be referred by the City Council to the appropriate department for investigation.
Once that investigation is completed, a report and recommendation will be submitted to the q
City Council. You will be provided with a copy of that report and recommendation.
I
THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF
THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU
AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID.
I'
1. Name of Claimant: Joseph Maloney
3435 David Drive, Dubuque, IA 52002
2. Address: q 'II
'i
3. Telephone Number: 563-589-0792 (home) /563-599-4599 (cell)
I;
4. Date of Incident: Sunday, July 19, 2015 !i
5. Time of Incident: Approximately 10:00 a.m.
i
6. Location of Incident (Be specific): JFK Road -across from the Kennedy Park West Apartments it
I
,i
7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give ;!
full details upon which you base your claim. If a City employee was involved, give the
employee's name.)
I was driving up JFK from my home and towards Asbury Road. There was a bicyclist riding in the road and away from the curb. 1 moved over to
I�
I
allow them room and ran over a large piece of concrete that had come loose from the road. It was immediately apparent that damage had been done to my vehicle. j
ill
8. What were weather conditions like? Sunny
9. Give name and address of any witnesses: John and Henry Maloney-3435 David Drive,Dubuque,IA 52002
i
10. Did police investigate? (If so, give names of officers.)
No investigation took place
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
No injuries
z
i
12. Was any damage done to property? (If so, describe property and the extent of
damages. Attach estimates of damages or describe basis for ascertaining extent of
damage.)
y
There was damage to my vehicle. I drove it to the dealership where I purchased it to leave overnight,so they could look at it first thing the next morning.
am still waiting for parts to arrive to fix the damage,but the original estimate was somewhere over$400 to fix the damage from the concrete.
13. What other damages do you claim, if any? None
y
4
14. Have you been compensated for any part or all of your claim by any insurance
company? (If so, give name and address of insurance company and amount paid.) '
SII
No
I
i
15. What amount do you claim from the City of Dubuque?
Once I know the final amount to fix my vehicle,I will be looking for the City of Dubuque to cover that total amount.
16. Why do you claim the City of Dubuque is responsible?
The large piece of concrete was a result of issues with the road as you can see in the photos I've included. Additionally,the next morning street crews were out
repairing this section of road(prior to 8:00 a.m.)indicating to me that the City of Dubuque acknowledge that there was an issue with this portion of the road.
17. Have you made any claim against anyone else for damages as a result of this incident? tl
(If yes, give name and address.)
No
I.
18. If the answer to Question 17 is yes, have you received any payment from that source, ;
and if so, in what amount?
i
Ii
N
II
Dated at Dubuque, Iowa this 23 day of July 20 15
i
(Signature)
V -V--. "'�Vk
Joseph Maloney (Print Flame)
Z
r
i
(Rev. 7/12)
c' Cw`
Mco
c-
I
Confidential
This communication and any attachments may contain information which is confidential
and privileged by law and is for the use of the designated recipient. If you are not the
intended recipient, you are hereby notified that you have received this communication in
error, and that any review, disclosure, dissemination, distribution or copying of its contents
is prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of
your receipt of these items and destroy the communication and any attachments i
immediately. Further disclosure of this information may violate state and federal j
restrictions. y
I�
Confidential information may include the following:
1) Social Security Number(s)
2) Medical/Health Information
3) Personnel/Disciplinary Information
4) Bank Account Information
5) Financial Information Cj
6) Credit Card Numbers 1
If any documentation you desire to submit to the City of Dubuque contains any of the items above,
this cover sheet must be attached directly to the confidential information. Please indicate below the
type of information that is included.
i
I, , hereby certify that the attached documents
include the following protected information:
i
Social Security Number(s) Bank Account Information a
Medical/Health Information Financial Information
Personnel/Disciplinary Information Credit Card Number(s)
I understand that this information may be distributed within the City organization or to agents of the
City for processing and I hereby authorize the City to act accordingly taking all precautions to
protect my information from unnecessary distribution.
Signature Date
have read the information above and do not have any confidential documentation to submit to the
City of Dubuque as part of this Claim Against the City.
July 23,2015
Sign re Date
Gmail- Citizen Support Center Service Request Updated :: W084307-072015 Page 1 of 1
Joe Maloney<maloney1369@gmail.com>
Citizen Support Center Service Request Updated ;: W084307-072015
Citizen Support Center<dubuqueia@mycusthelp.net> Mon, Jul 20, 2015 at 7:37 AM
To: maloney1369@gmail.com
y
--- Please respond above this line---
Thank you for contacting the Public Works Department. Temporary pavement repairs will be made on
Monday morning by the Public Works Department. If you wish to file a claim against the City please j
contact the City Clerks Office at 563.589.4120 or at the City of Dubuque web site:
http://www.cityofdubuque.org/74/Filing-a-Claim !
If you need additional information, feel free to contact me at 563/589-4348 or by email at
jkloster@cityofdubuque.org
John
John Klostermann
Street/Sewer Maintenance Supervisor
563/589-4348
!i
u
u
i�
I
i
E
I
https://mail.google.com/mail/u/0/?ui=2&ik=Oe9f69eOd0&view=pt&search=inbox&msg=1... 7/23/2015