Claim by Dennis AvenariusTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL ~~
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: January 22, 2008
RE: Claim Against the City of Dubuque by Dennis Avenarius
Claimant Date of Claim Date of Loss Nature of Claim
Dennis Avenarius 01/09/08 12/28/07 Vehicle Damage
This is a claim in which the claimant alleges that his vehicle's left front tire was
damaged and the vehicle became unaligned after driving over a pothole on Wacker
Drive near the entrance to the Kenney Mall.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor,
Mr. Avenarius stated in his claim that he damaged his tire on December 28, 2007 after
hitting a pothole on Wacker Drive near the entrance to the Kennedy Mall. Public Works
records show that the Public Works Department was notified of the pothole from the
Emergency Dispatch Center on December 28, 2007, and that after completing snow
and ice control operations, a crew was dispatched and the pavement was repaired
before the end of the day on December 28, 2007.
It is therefore the recommendation of John Klostermann to deny this claim due to the
lack of prior knowledge. The City Attorney's Office concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street & Sewer Maintenance Supervisor
Dennis Avenarius
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org