Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque Copyright 2014
City of Dubuque Consent Items # 13.
ITEM TITLE: Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque
SUMMARY: City Attorney recommending approval of a Settlement in the case of
Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque
subject to receiving a satisfactory release.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Staff Memo Staff Memo
❑ Reddick Letter Supporting Documentation
HE 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: November 5, 2015
RE: Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque
Scott Estal is a Molo Plumbing & Heating, LLC employee who slipped on ice at the City
Hall Annex on February 6, 2013 while performing services on an air conditioning unit at
the Annex. Estal actually salted the area where he slipped, prior to the fall, so he was
fully aware of the condition, as well as an alternate route into and out of the building.
Because of his knowledge of the snowy/icy situation, the City has consistently taken the
position that his fall and subsequent injuries were his fault.
This lawsuit settled for $2,500 on October 28, 2015, subject to City Council approval.
The $2,500 settlement is based upon the virtual lack of any evidence supporting any
negligence on behalf of the City of Dubuque or its employees.
I recommend that the Settlement be approved subject to receiving a satisfactory
Release from Scott Estal.
BAL:tls
Attachment
cc: Michael C. Van Milligen, City Manager
F:\USERS\tsteckle\Lindahl\Estal,Scott vs. City-slip&fall\MayorCouncil_Release&Dismissal_1 1 0515.doc
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 balesq@cityofdubuque.org
KANE,NOR13Y&REDDICK, P.C.
ATTORNEYS
Brian J.Kane 2100 ASBURY ROAD,SUITE 2
Les V.Reddick* DUBUQUE,IOWA 52001-3091
Brad J.Heying
Todd L.Stevenson* Retired:
Kevin T.Deeny**
Gary K Norby
Bradley B.Kane
Joseph P.Kane
Nicholas J.Kane
Phone: (563)582-7980
All admitted in Iowa Facsimile: (563)582-5312
*Also admitted in Illinois E-mail:reddick@kanenocbylaw.com
**Also admitted in Wisconsin
October 30, 2015
Mr. Barry A. Lindahl
City Attorney
Harbor View Place, Suite 330
300 Main Street
Dubuque, Iowa 52001-6944
RE: CREATIVE RISK SOLUTIONS AS SUBROGEE OF SCOTT ESTAL V.
CITY OF DUBUQUE
Dear Barry:
This lawsuit settled for$2,500 on October 28, 2015. The City will receive a full Release
and a Dismissal With Prejudice will be filed as part of the settlement.
Scott Estal was a Molo employee who slipped on ice at the City Hall Annex while
working for Molo. Estal actually salted the area where he slipped, prior to the fall, so he was
fully aware of the condition, as well as an alternate route into and out of the building. Because of
his knowledge of the snowy/icy situation, we have consistently taken the position that his fall
and subsequent injuries were his fault, not the City of Dubuque's. Creative Risk Solutions paid
work comp benefits to Estal on behalf of Molo and that is why they are a party to this lawsuit.
Benefits paid were approximately$9,900.
The $2,500 settlement is based upon the virtual lack of any evidence supporting any
negligence on behalf of the City of Dubuque or its employees. If you need any other information,
please let me know.
Very truly yours,
KANE,NORBY&REDDICK, P.C.
By X,
Les V. Reddick
LVR/bmo