Claim by Julie McDermottTHE CITY OF
DUB E
Masterpiece on the Mississippi
BARRY LIND~FiII
CITY ATTORNEY
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: February 26, 2008
RE: Claim Against the City of Dubuque by Julie McDermott
Claimant Date of Claim Date of Loss Nature of Claim
Julie McDermott 02/22/08 02/21/08 Vehicle Damage
This is a claim in which the claimant alleges that her vehicle was damaged when
claimant was attempting to exit the Iowa Street Parking Ramp and drove up onto a
damaged slab of concrete.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Tim Horsfield, Parking Systems Supervisor
Julie McDermott
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 / EnnAIL balesq@cityofdubuque.org
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
This written report constitutes your claim against the City of Dubuque, Iowa. You should
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. 13th 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
City Council. You will be provided with a copy of that report and recommendation.
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.
1. Name of Claimant: Julie McDermott
2. Address: 2390 Cherry St.
3. Telephone Number: 1563) 583-3556 or (563) 581-8910
4. Date of Incident: 02-21-2008
5. Time of Incident: 10:22 p.m.
6. Location of Incident (Be specific): Iowa St. Parking Ramp; East Exit; Middle Stall; Middle
slab of unmarked concrete that was missina a pipe bollard and the corner of the concrete
slab was missing too.
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.)
Upon exiting the middle stall on the left side (Facing the east exit) and second parking spot
attempted to exit the east parking exit at 10:22 p.m. my vehicle, a 2008 GMC Acadia drove
up onto a damaged and unmarked 1 foot high and 1 foot wide slab of concrete Neither I
nor anyone inside the vehicle had any knowledge that there was a slab of concrete visible
to our eve sight. My vehicle drove up onto the slab of concrete, that was already
damaged like it was a ramp since the corner of the concrete slab was missing) and
crashed on the other side and got hung up on top of the already damaged and unmarked
slab of concrete. It happened on the right passenger side of the vehicle
8. What were weather conditions like? Dimly lit parking garage due to the time of day and
location.
9. Give name and address of any witnesses: 1)Karen Liliestrom: 16862 HWY 62;
Maquoketa. IA 52060: Phone# (563) 599-6684. 2) Deb Lightfoot; Yaeger Drive• Dubuque. IA;
Phone# (563) 451-6875. 3) Cathy Thompson; 2340 Crissy Drive; Dubuque, IA 52001: Phone
(563) 588-0022.
10. Did police investigate? (If so, give names of officers.) Yes. Jeff Tupper
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
NO.
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.)
Yes. 2008 GMC Acadia. Estimates at this time are: $4,865.42 +$150.00 Shipping
Charges. (Estimate is attached, and does not include additional expenses that may occur
upon fixing vehicle.)
13. What other damages do you claim, if any? Towing expenses and rentals expenses.
14. Have you been compensated for any part or all of your claim by any insurance
company? (If so, give name and address of insurance company and amount paid.)
Not at this point.
15. What amount do you claim from the City of Dubuque?
ALL COSTS THAT HAVE AND WILL OCCUR!
16. Why do you claim the City of Dubuque is responsible?
The city was negligent in properly cautioning, fixing, warning and so on the area
that was a hazard to patrons using their parking ramp therefore they are the responsible
party.
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
Yes. 1) State Farm Insurance: Steve Buchheit; Dubuque, IA 52002. 2) Richardson Motors:
1475 John F. Kennedy Road; Dubuque, IA 52002. 31 AAA Auto Insurance; Roadside
Assistance 1-800-222-4357.
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
Information unavailable at this point.
Dated at Dubuque, Iowa this 22 day of February 200_ .
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DAVE 02/22/08
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ADDRES$e 1475 JOI~IN F. KENNEDX RD
CITY STATE: DUBUQ[JE, IA
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OWNER: MCDREMOTT, JULIE
ADDRESS: 2390 GHF~RRY
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2 :13 ST FARM INS COS 5635571846 page 2
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379.82*
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NEW
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FTN1~, CALCUI,ATION$ & ENTRIES
GROSS PAR?S
PAINT MATERIAL
PART5 & MATERIAL, TOTAL 3.260.03
TAX ON PARTS @ 32.00
3,292.Q3
LABOR 7.000$ 228.20
1-SHEET METAL RATS REPLACE HRS
00 REPAIR NRS
52
2-MECH/ELEC .
60
00 I4'2 724
20
3-FRAME .
55.00 .,
5.1 1.8 414.00
9-REFINISH 51 00
5-PAINT MATERIAAL
LABOR TOTAL
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51.00
TAX ON LABOR
SUBLET REPAIRS
@ 1.x.89.20
'1.000 83.29
TAX ON SUBLET
TOWING
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STORAGR 7.000$ 4.76
GROS5 TOTAL
NET TOTAL 4.965.42
SHOPLINK UN189 ES CD LOG
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4106-1 DATE 02/22/08 9,8fi5.42
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2 :14 ST FARM [NS COS 5635571846 Page 3