Claim by John D. MilesTHE CITY OF
DUB E
Masterpiece on the
BARRY LIND
CITY ATTOR
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: March 7, 2008
RE: Claim Against the City of Dubuque by John D. Miles
Claimant Date of Claim Date of Loss Nature of Claim
John D. Miles 02/27/08 02/25/07 Vehicle Damage
This is a claim in which the claimant alleges that his refuse can was damaged during
refuse pick-up.
According to the report of Paul Schultz, Solid Waste Management Supervisor, Lead
Sanitation Driver Dave Sitzmann investigated this claim, took a photo of claimant's
refuse can and spoke with the refuse crew assigned to that route. The sanitation driver
collecting that setout did not recall breaking the refuse can. However, the refuse can
could have become broken during normal crew handling, due to the condition of the
refuse can and the very cold temperature at the time of collection.
It is therefore the recommendation of Paul Schultz to deny this claim. The City
Attorney's Office concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
John D. Miles
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, F-IARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org