Claim by Kyle CooheyTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL I~
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE:
RE:
Claimant
Kyle Coohey
February 25, 2008
Claim Against the City of Dubuque by Kyle Coohey
Date of Claim
Date of Loss
Nature of Claim
02/12/08
12/29/07
Vehicle Damage
This is a claim in which the claimant alleges that on December 29, 2007, as claimant was
turning into the alleyway between 852 and 870 Wilson Street, he slid into a snow pile and
damaged the driver's side door of his vehicle.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor,
the Public Works Snow & Ice Control Manual specifies that all improved streets within
the city limits shall be plowed and receive applications of salt, salt brine, crushed
limestone, sand and/or corrosion inhibited deicer when necessary during and after a
winter snow or ice storm. Public Works records indicate that on December 28, 2007,
the City of Dubuque received 3.5 inches of snow and the travel lanes of all streets were
plowed and deiced by 10:00 p.m. This is consistent with the level of service outlined in
the Public Works Snow & Ice Control Manual.
It is therefore the recommendation of John Klostermann to deny this claim, stating that
while it is a goal of the City to provide safe winter travel by plowing and treating all
streets in a timely manner, it is also the responsibility of the driving public to maintain
control of his/her vehicle regardless of the pavement condition. 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
Kyle Coohey
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