Claim by Jacob KennikerTHE CTI'Y OF
DuB
MEMORANDUM
Masterpiece on the Missi ippi
BARRY LINDA
CITY ATTORN Y
To: Mayor Roy D. Buol and
Members of the City Council
DATE: March 5, 2008
RE: Claim Against the City of Dubuque by Jacob Kenniker
Claimant Date of Claim Date of Loss Nature of Claim
Jacob Kenniker 02/27/08 02/25/07 Vehicle Damage
This is a claim in which the claimant alleges that a rock flew off of a City of Dubuque
snow plow truck and struck and damaged the windshield of claimant's 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 snow and ice control
operation and deicing material was being applied by Public Works crew members at the
time of the incident. Due to the necessary application of these types of materials, all
trucks are posted with signs that warn drivers to "Stay Back 50 Feet."
It is therefore the recommendation of John Klostermann to deny this claim due to the
prior warning given to all drivers through the placement of these signs. 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
Jacob Kenniker
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3O0 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org