Claim by Alan B. ChidleyTHE CITY OF
DuB E
Masterpiece on the ~ sissippi
i
BARRY LIND L
CITY ATTOR EY
To:
DATE:
RE:
Claimant
Alan Chidley
MEMORANDUM
Mayor~'Roy D. Buol and
Members of the City Council
June 19, 2008
Claim Against the City of Dubuque by Alan Chidley
Date of Claim
Date of Loss
06/16/08 05/24/08
Nature of Claim
Vehicle Damage
This is a claim in which the claimant alleges that while he was parking his vehicle in front
of 2811 Jackson Street, claimant's tire was damaged due to re-bar protruding from the
curb.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor,
records indicate that the Public Works Department received the first notice of the defect
from Mr. Chidley on Tuesday, May 27, 2008. A Public Works crew was dispatched on
Wednesday, May 28t", and the defect was repaired.
It is therefore the recommendation of John Klostermann to deny this claim due to the
lack of prior notice of the defect and because the defect was repaired in a timely
manner. 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
Alan Chidley
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
THE CITY OF Dubuque
I~-UB E
Masterpiece on the Mississippi
2007
June 17, 2008
Barry Lindahl
City Attorne~
50 West 13t Street
Dubuque, IA 52004-4864
Dear .Barry:
This letter will respond to the claim filed by Mr. Alan Chidley on June 6, 2008.
Mr. Chidley claims his tire was damaged when he struck an old curb drain which
protruded out past the curb face near 2811 Jackson Street.
Our records show that we received our first notice of this defect from Mr. Chidley
on Tuesday May 27th. Our records also show that a crew was dispatched on
Wednesday May 28th and the defect repaired.
It is therefore my recommendation to deny the claim of $206.87 as filed due to
lack of prior notice of this defect and the action we took to repair this hazard in a
timely manor.
ely,
~~~
Jo n Klostermann
Street/ Sewer Maintenance Supervisor
21 June 2008
Mayor Roy D. Buol and
Members of the City Council
50 West 13`h Street
Dubuque, Iowa 52001
Subject: Tire Damage Claim dated 06 June 2008
Dear Mayor Buol,
I have received the City Attorney's memo of 19 June 2008 recommending denial of my
claim for reimbursement of the costs incurred due to the destruction of my fire by the city
curb near 2811 Jackson Street on 24 May 2008. Subject memos are attached.
Unfortunately, Mr Lindahl states the damage was due to re-bar protruding from the curb
which is entirely false and never claimed. The damage was due to a crushed and very
sharp curb drain protruding past the curb face as stated by Mr Klostenmann. Any
reasonable person would conclude that the drain had been hit, crushed and turned into a
very sharp edge over months and even years. How in the world can the City claim "lack
of prior notice" when any inspection of the curb over the past months/years would have
revealed the apparent hazard? Please review the attached before and after curb photos for
me. This condition did not occur overnight!
Mr Mayor, once I realized the curb had caused the destruction of my nearly new tire, I
promptly reported the problem and, in fact, went back and complimented the street
department on their quick response. All I ask is that the City of Dubuque recognize their
responsibilities as I always have and always will.
Sin~cerely, /~ ~ ~~
-fry. ~ U~~;..BfG
Alan B. Chidley
16481 Coventry Lane
Dubuque, Iowa 52001
cc: Barry Lindahl, City Attorney
Michael C. Van Milligen, City Manager
Jeanne Schnei+dct, Crty uric
~s Uzi w~ Ez r~nr ~~
THE CITY OF
DUB MEMORANDUM
Masterpiece on the N~i¢sissippi
BARRY LIND iNL
CITY ATTOR EY
To: Mayo oy D. Buol and
Members of the City Council
DATE:
RE:
Claimant
Alan Chidley
June 19, 2008
Claim Against the City of Dubuque by Alan Chidley
Date of Claim
Date of Loss
Nature of Claim
06/16/08
05!24/08
Vehicle Damage
This is a claim in which the claimant alleges that while he was parking his vehicle in front
of 2811 Jackson Stn:et, claimant's fire was damaged due to re-bar protruding from the
curb.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor,
records indicate that the Public Works Department received the first notice of the defect
from Mr. Chidley on Tuesday, May 27, 2008. A Public Works crew was dispatched on
Wednesday, May 28~', and the defect was repaired.
It is therefore the recommendation of John IClostermann to deny this claim due to the
lack of prior notice of the defect and because the defect was repaired in a timely
manner. 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 8~ Sewer Maintenance Supervisor
/Alan Chidley
OFFICE OF THE CITY ATTORNEY DUBUQUE, IowA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET Dueuc~uE, IA 52001-6944
TEt_EPHONE (563) 583-4113 /Fax (563) 583-1040 / EMAIL baleSq atrDcityoftlubuque.org
~E cr~r o~ Dubuque
I~fLJB E "''~
~ r
Masterpiece on the Mississippi
2007
June 17, 2008
Bany Lindahl
City Attome~
50 West 13 Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will n~pond to the claim filed by Mr. Alan Chidley on June 6, 2008.
Mr. Chidley claims his fire was damaged when he struck an old curb drain which
protruded out past the curb face near 2811 Jackson Street.
Our records show that we received our first notice of this defect from Mr. Chidley
on Tuesday May 27th. Our records also show that a crew was dispatched on
Wednesday May 28~' and the defect repaired.
It is therefore my recommendation to deny the claim of $206.87 as filed due to
lack of prior notice of this defect and the action we took to repairthis hazard in a
timely manor.
ely, _
b~~~
Jo n Klos ermann
Street/ Sewer Maintenance Supervisor
" ~, .. d + ~ ~ ,r' ~.,
r5~ a ~r
y ~ ~
:
'
.y,
:
~~
~ ~ '$~"
^
d .. ~
+
T~ ,~ 1}
# ¢ ~
'
S x!'_411! ,~ ^ „i
~{
yT~ ' a Y
- :..
y~i ~y* ~ ? ~
s
~ ~
~
~~
i
a "Y" ~
' ~ :
! k
"
.+M ~'.
.t~
.
p,
ice,
~
~~~Ii ~~^
~ _ ~
~
.~5 dT
l~
~. ~.. ' ` ~ T
~ ~ rye. uY~ ~~
;
r.. .. r , ~~
;ti .,. . ~. ~~.i,~.f' rte ,~.-"~
a... ,.. ~.. - 1. ~M .....~8~-rvr..'h w'~~ ~/~~~"
~~~ ~~~
.. 4-i
~ ...
.,
• ., . _n
~, .
~# ~'r ~ v
..~9:.... F.
~~ ~
Barry A. Lindahl, Esq. ~' Dubuque
City Attorney ~,,~
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944 1'
(563) 583-4113 office
(563)583-1040 fax 2007
balesq@cityofdubuque. org
June 24, 2008
Mayor Roy D. Buol and
Members of the City Council
City Hall -City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
RE: Tire Damage Claim of Alan B. Chidley
Dear Mayor and Council Members:
THE CCCY OA
DuB ~ ~~ E
~~
This is in response to Mr. Chidley's letter to you dated June 21, 2008.
Mr. Chidley's claim for tire damage from a City curb near 2811 Jackson Street on May
24, 2008, refers to "curb w/ metal pipe protruding into street cause tire damage." The
letter attached to his claim also refers to a "bent steel drain pipe" projecting from the
curb into the street. Paralegal Tracey Stecklein, who investigated the claim, mistakenly
referred to the "pipe" as "re-bar protruding from the curb" which I incorporated into my
recommendation to you denying the claim. We apologize for the error in describing the
condition that caused the damage.
Nonetheless, the City's liability for the object protruding from the curb is the same.
Under Iowa law, a city is not the insurer of the condition of its streets, and is
only liable if it is negligent. The City's duty is to exercise reasonable care to
keep its streets free from defects. Before a city is liable for damage caused
by a street defect, the city must have had actual knowledge or constructive
notice of the defect, with sufficient time to have repaired it prior to the
incident causing damage. Actual knowledge occurs when the city is actually
aware of the defect; constructive notice occurs when the defect has existed
for such a period of time that a reasonable person would have discovered it.
The City does not have an inspection program for curbs. According to John
Klostermann, the City did not have actual prior knowledge of the defect. Under those
circumstances, we would typically deny this kind of claim.
Mr. Chidley suggests that the condition may have existed for some period of time. If the
City Council concludes that the condition has existed for such a period of time that a
City official responsible for discovering and repairing such conditions would in the
exercise of reasonable care have discovered the defect in time to have corrected it
before the damage to Mr. Chidley's tire occurred, then the City Council may conclude
that the City is liable for the damage and can authorize payment of the claim.
Very
arty A. Lindahl, Esq.
ity Attorney
BAL/tls
Enclosure
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street & Sewer Maintenance Supervisor
Alan B. Chidley
21 June 2008
Mayor Roy D. Buol and
Members of the City Council
50 West 13`h Street
Dubuque, Iowa 52001
Subject: Tire Damage Claim dated 06 June 2008
Dear Mayor Buol,
I have received the City Attorney's memo of 19 June 2008 recommending denial of my
claim for reimbursement of the costs incurred due to the destruction of my fire by the city
curb near 2811 Jackson Street on 24 May 2008. Subject memos are attached.
Unfortunately, Mr Lindahl states the damage was due to re-bar protruding from the curb
which is entirely false and never claimed. The damage was due to a crushed and very
sharp curb drain protruding past the curb face as stated by Mr Klostermann. Any
reasonable person would conclude that the drain had been hit, crushed and turned into a
very sharp edge over months and even years. How in the world can the City claim "lack
of prior notice" when any inspection of the curb over the past months/years would have
revealed the apparent hazard? Please review the attached before and after curb photos for
me. This condition did not occur overnight!
Mr Mayor, once I realized the curb had caused the destruction of my nearly new tire, I
promptly reported the problem and, in fact, went back and complimented the street
department on their quick response. All I ask is that the City of Dubuque recognize their
responsibilities as I always have and always will.
Sincerely,
~~
Alan B. Chidley ~
16481 Coventry Lane
Dubuque, Iowa 52001
cc: Barry Lindahl, City Attorney
Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Dubuque
THE CITY OF
I~~LTB E - '>~-
1
Masterpiece on the Mississippi
2007
June 17, 2008
Bany Lindahl
City Attome~
50 West 13 Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Alan Chidley on June 6, 2008.
Mr. Chidley claims his fire was damaged when he struck an old curb drain which
protruded out past the curb face near 2811 Jackson Street.
Our records show that we received our first notice of this defect from Mr. Chidley
on Tuesday May 27th. Our records also show that a crew was dispatched on
Wednesday May 28~' and the defect repaired.
It is therefore my recommendation to deny the claim of $206.87 as filed due to
lack of prior notice of this defect and the action we took to repair this hazard in a
timely manor.
ely,
~~~~
Jo n Klostermann
Street/ Sewer Maintenance Supervisor
f," Y , +^ -
: ,r. ,a'r
~ ,
D /~
~"
f ~ !
w C - l ¢^ ir~'~
~
*
Y +
e
~
4
~ >i
\
~ v
w
F
A
` ,
.,
~~c ~
~a°
c $~
~.~` A1`
y,r
~
H "~- _
r R 7"
.
a._
Y~ -
~~
+~
. t x 3 '~ti~i~"e?
d'
~'~~V~
~~a °~~ ~ o
.~ ="
~ ..~,
~~
.~
_.~ _v.,
~~ ~~
M1k p.
d
R~~ M6y"
f,
f y i'~*'.
4
~#..r
!+ $
~+ ~q'T
~~~-,
°. ~•* ~
- s-
a°.
d__ ~~° ~ ~ 'A .C L~'
~,~~*
~'~{ ff
k ~ •
kM ..
' sR
w, ~
f J
R
~
..
- ti
~ T ~. F
,
~,~ ~
....A
.. c 'F ~# ~,. Mi4ra ~'
06 June 2008
Ms Jeanne Schneider, City Clerk
City Hall -City Clerk's Office
50 West 13"`Street
Dubuque, Iowa 52001
Subject: Street Curb Tire Damage Claim
Dear Ms Schneider,
~~~~
~~~
Attached is my claim against the City of Dubuque for fire damage on 24 May 2008. If
questions arise, I will not be available at the listed phone number until 23 June 2008.
Sincerely, ~---~ ~
~i..,,. /d, . ~~
Alan B. Chidley
16481 Coventry Lane
Dubuque, Iowa 52001
bl '~n~ncn~
aa~};O ~;a;' ~~~ ~~~~
0 U ~Z }'d 9 I P~(1f BO
Cl~~'!I~~ ~~-~
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
This written report constitutes your claim against the City of Dubuque, Iowa. You
should complete this form in full and attach any additional information that
supports your claim.
The claim must be filed with the City Clerk at City Hall, 50 West 13th St.,
.Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney's Office. Once that investigation is
completed, a report and recommendation will be submitted to the City Council.
You will be provided with a copy of that report and recommendation.
The final decision on all claims is made by the City Council. No employee of the
City of Dubuque has the authority to make any representation to you as to
whether. your claim will or will not be paid. ..
1. Name of Claimant:
2. Address: ~~ ~o ~
~"°~~~J
3. Telephone Number -~~~~" 9~~~
4. Date of Incident: ~ ~ /~~lf ~~~~
5. Time of Incident: f °- ~ ~~.
Location of Incident (Be specific):
~-~-
8. What v~ere weather conditions like?
9. Give name and address of any witnesses:
/~8,c,~'
10. Did police investigate? (If so, give names of officers.)
7. Describe the accident or occurrence that caused injury or damage. (Give full
details upon which you base your claim. If a City employee was involved, give
the employee's name.)
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
~~
13. What other damages do you claim~if any?
14. Have you been compensated for any part or all of your claim by any
insurance company? (If so, give name and address of insurance company and
amount paid.)
15. What amount do yo claim from the City of Dubuque?
16. Why do you claim the City of Dubuque is responsible?
~~
18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in what amount?
Dated this ~,- day of ~/e~a,r~' , 20~~•
~!~~.r-ate
(Signature)
(Print Name)
12. Was any damage done to property? (If so, describe property and the extent
of damages. Attach estimates of damages or describe basis for ascertaining
extent of damage.)
17. Have you made any claim against anyone else for damages as a result of~
this incident? (If yes, give nacre and address.)
06 June 2008
Subject: Description of Street Curb Tire Damage Claim
On Saturday afternoon the 24 May 2008, my wife and I drove to River Valley Nursery &
Landscaping at 2811 Jackson Street. I pulled past the entrance and backed up along the
curb until I felt the curb and stopped. We made a purchase from the River Valley
Nursery and drove home. I did not drive my truck on Sunday. On Monday the 26`~ of
May the right rear fire went completely flat with 1,511 miles of use. After installing the
spare fire and inspecting the flat tire, I found the side wall on the fire was cut. See
attached photo.
On 'T'uesday I drove to Runde Chevrolet were I recently purchased my new truck and
decided to drive down Jackson Street where I parked on Saturday. Low and behold,
when I looked at the curb where I had parked, it was obvious how my fire was cut. A
very beat up and bent steel drain pipe projected beyond the curb into the street. See
attached photos of the metal pipe protruding beyond the curb. The location of the tear and
cut in the side wall of my fire match the height of the sharp edges of the pipe.
After ordering a new fire at Runde Chevrolet with no warranty coverage, I decided to
stop at the Public Works Department off of I~erper Blvd. Avery nice young lady took
down my concerns over the condition of the curb at 2811 Jackson and even made a call to
have this claim form sent to me.
On Wednesday the 28`~ of May, I drove down Jackson Street and was "extremely
impressed" when I stopped at 2811 Jackson. The street department had already been out
and cut off the sharp edges of the drain pipe so they were no longer protruding beyond
the curb. See attached photos. I then stopped at the Public Works Department to tell them
how much I appreciated their quick response to my concerns.
Finally, on Thursday the 5~' of June, I drove back to Runde's to get my new fire and pay a
bill of $186.67 (attached). Two trips to Runde Chevrolet and the Public Works
Department along with the time spent to report this incident makes me believe the city is
liable for my out of pocket expenses of $206.87.
~~,~ ~~
Alan B. Chidley
16481 Coventry Lane
Dubuque, Iowa 52001
unr~E
AUTO ~ROUP.COM
CHEVROLET• BUICK• SUZUKI
FORD • CH RYSLER• DODGE•JEEP
C
780 Rt. 35 N
East Dubuque, lL 61025
1-800-947-8fi33
Fax 815-747-7721
lNVOlCE ORIGINAL
Work Order
#62230
May 27, 2008
Svc.Adv Timmerman, Patrick
Cust.Ph. (563) 588-9403
Tag#
Page 1 of 1
06/05/200813:46:10
o Alan Ghidley Year. 2008 Veh Id:67050 Unit #:81256338
Make: Chevrolet License #:
16481 Coventry Lane Model: Siiverado 1500 4WD Ex Odo. In: 1,532
Color: DESERT BROWN MI=T Oda. Out:
Dubuque IA V.I.N.#:2GCEK190981256338 Next Service:
52001 Date [n: 05/27/2008 In Service Date: 03/27/2008
Out: 06/05/2008 Cases: /
=xt. War: ~ R/Lab. Rate 70.00
Promised Time: 00/00/0000 00:00:00 AM Cail When Ready: No
Case: 1 r~~lao~ rxghiir~8r #~re - -. _ _ _ -
Cause: _.
Quantity Description/Correction
1.00.403-422-918-0 - P265/70r17
replace right rear fire -Tech Cause: replace -
Tech Comments: replaced tire
Completed by Technician number. 0151
Retail Price Total
$188.00 $158.00 $158.00
$18.00 $18.00
~Misc $0.00 Labor $18.00. Parts $158.00 Prepaid Parts Amt: $0.00
Case Total: $176.00
$0.00
Indebtedness is hsreby acknowledged for the'Total Chargss" being alJ or the balance ~,,,re,K,y. U.S. pollars
owing !o repairs,'parts & a~essories descnbsd in this work order.
IT
Payment Ref: M CARD
Expiry Date:
P/O#:
06/05/2008
Dane - ~ -~ -~ §~gnature-~- ~- -- - ----- ~ -- Payment Type Credit Card
Labor: $18.00
Parts: $158.00
Misc: $0.00
Sub Total: $176.00
Tax: $10.67
Total: $186.67 ~
RIVEi2 ~P.LLEY h:UdSERt
ANG LANDSCAPING
2sil JACKSON ST
OU5U6UE. IA 52dt~1-i?6[
563-582-1296
Cl'NI ll~: 'iS2535$ Rei ~~: ~~iD2
~dj~
~jt~ ~~dd in.LL r.. kIG~i1
s41~~ ~_,1.1i1 Iplt i~l'J'~~ uws. ;,'~
f .l~li L .l k~ ~~
lUid.~ , ,~
r, t
7V ~~ V~~i:~~'! gMh'i t.G~.ir~ E;i.I~r~lt,
~~~~,h~: ~E~013
c~,~to~„F~ ~;~~~~
T;IAIJK YOUf
~~~~
~ ~
~~; ~x ,~
A'~ d
°v
". A
+ „~+ .
~, ,~
~~^~ a
'~ ~!.
:
. " ~ ~. ~ '-rte'
d. r '~ i
a + ay 3~ '~''~"
~' ~
,
J ~' ~r ~
~
lP
i~,.~' a .~ r .,,`-.,~r
~ ~
~~
w S ~
y
r g
,
~`l. ~~
Y R
rs~"~!a
A
1 I
~ f~iW
s
.+ ` 1.
s 3-
.. !
! ~,'~~i
a
~ a.
+ `
~'
• i
9P
+ s,
4 $s°
f c.Y s 1-~"j"se
~~ / ~~~1~Y ~~ ~~~
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the N~i~sissippi
BARRY LIND INL
CITY ATTORNEY
To: Mayor oy D. Buol and
Members of the City Council
DATE:
RE:
Claimant
Alan Chidley
June 19, 2008
Claim Against the City of Dubuque by Alan Chidley
Date of Claim
Date of Loss
Nature of Claim
06/16/08
05/24/08
Vehicle Damage
This is a claim in which the claimant alleges that while he was parking his vehicle in front
of 2811 Jackson Street, claimant's tire was damaged due to re-bar protruding from the
curb.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor,
records indicate that the Public Works Department received the first notice of the defect
from Mr. Chidley on Tuesday, May 27, 2008. A Public Works crew was dispatched on
Wednesday, May 28th, and the defect was repaired.
It is therefore the recommendation of John Klostermann to deny this claim due to the
lack of prior notice of the defect and because the defect was repaired in a timely
manner. 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
Alan Chidley
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
THE CTTY OF DUIJUgU@
DuB E
Masterpiece on the Mississippi
2007
June 17, 2008
Barry Lindahl
City Attorne~
50 West 13t Street
Dubuque, IA 52004-4864
Dear .Barry:
This letter will respond to the claim filed by Mr. Alan Chidley on June 6, 2008.
Mr. Chidley claims his tire was damaged when he struck an old curb drain which
protruded out past the curb face near 2811 Jackson Street.
Our records show that we received our first notice of this defect from Mr. Chidley
on Tuesday May 27th. Our records also show that a crew was dispatched on
Wednesday May 28t" and the defect repaired.
It is therefore my recommendation to deny the claim of $206.87 as filed due to
lack of prior notice of this defect and the action we took to repair this hazard in a
timely manor.
ely,
_____--
~~-
Jo n Klostermann
Street/ Sewer Maintenance Supervisor