Claim by Craig HurstTHE 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:
RE:
Claimant
Craig Hurst
April 14, 2008
Claim Against the City of Dubuque by Attorney Todd Klapatauskas on
behalf of Craig Hurst
Date of Claim
Date of Loss
Nature of Claim
04/09/08
02/25/08
Personal Injury
This is a claim in which the claimant alleges that as he was walking near 587 University
Avenue on February 25, 2008, he slipped and fell on ice, fracturing his left ankle.
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
Gus Psihoyos, City Engineer
Craig Hurst
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
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LAW OFFICES OF
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MARK J. SULI.IVAN
JOHN T. NfiMMffit5
TODD N. KLAPATAUSKAS"'~
KIM C. RODDICIC*'*
NATALIA H. BLASKOVICH
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April 3, 2008
City of Dubuque
City Manager, Mike VanMilligen
City Hall
50 W. 13th Street
Dubuque, IA 52001
RE:
Date of Lass:
Claimant:
City of Dubuque
February 25, 2008
Craig Hurst
Dear Mr. Reddick:
SUITE 222 PISCHER BUII.DING
909 MAIN STREET
DUBUQUE, IOWA 52001-6719
TELEPHONE: (563) 556-8000
PAX: (563) 556-8009
E-Mail: oft'ice~rloenli»e.com
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This claim is for settlement purposes only and shall not be used as any
evidentiary admission, pursuant to the Iowa Rules of Civil Procedures.
On February 25, 2008, The City of Dubuque negligently failed to take appropriate
measures to protect people from the hazardous conditions on its property. Mr. Craig
Hurst was walking on the City of Dubuque sidewalk near the property of Carpet One on
University Avenue in Dubuque, Iowa, when he slipped and fell on ice. There was no sail,
sand nor any ice-melt materials anywhere. We have been informed by a Carpet pne
agent that the City of Dubuque owns the property at the location of the fall.
Because of the City of Dubuque's negligence, Mr. Hurst was rushed to Finley
Hospital Emergence Room where X-rays were taken and revealed a fracturBd left ankle.
The City of Dubuque failed to warn others of the dangerous conditions. in addition, the
City of Dubuque failed to correct and eliminate the hazardous sidewalk conditions.
At the Finley Emergency Room, Dr.Levenworth diagnosed Mr.Hurst with a left
ankle fracture involving the distal fibula at the level just above the level of the
syndesmosis. Dr. Levenworth observed regional soft tissue swelling and calcaneai
spurring at the Achilles tendon and plantar aponeurosis insertion site. Mr. Hurst rated his
pain at an 8 on a 1-10 pain scale. He was incapable of bearing any weight on his left
ankle. In addition, Mr. Hurst was given Morphine and Percocet for his excruciating pain.
Mr. Horst was given a walking boot, crutches and discharge instructions.
Mr. Hurst's injuries prohibited him from participating in multiple activities in and
around his home. These activities included the following: walking, running, putting weight
on his ankle or foot. In addition, he could not work, do ordinary household requirements
like laundry or cleaning and was simply "out of commission" for a full month.
As of today, Mr. Hurst has missed 33 days of work since 02/25/08. Mr. Hurst is
employed at Humke Road Masonry and works forty hours per week at $13.50 per hour.
This resulted in lost wages of $3,564.00
in summary, because of the City of Dubuque's negligence, Mr. Hurst has been
unnecessarily injured and damaged. His medical bills to date total $1,572.33. He also
lost wages of $3,564.00. He has been incapacitated through no fault of his own.
Considering the foregoing facts and circumstances, Mr. Hurst demands
$15,000.00 to settle this claim. He is confident that a Dubuque County jury would return
a higher verdict. However, in an effort to resolve this matter in an amicable fashion, he
makes this good faith offer in hopes of resolving this case without incurring further
litigation expense.
After reviewing this offer, please contact me to discuss a final resolution. All of the
medical records and bills that support the facts set forth above are enclosed.
I look forward to hearing from you soon.
Sincerely,
Todd N. Klapatauskas
TNK/jn
Enclosures
cc: Les Reddick
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