Claim by Jay McDonaldTHE CITY OF
DUB E
Masterpiece on the Mississippi
BARRY LINDA
CITY ATTORN
To:
DATE:
RE:
Claimant
MEMORANDUM
Mayor Roy D. Buol and
Members of the City Council
August 13, 2008
Claim Against the City of Dubuque by Jay McDonald
Date of Claim
Jay McDonald
08/06/08
Date of Loss Nature of Claim
08/02/08 Property Damage
This is a claim in which claimant alleges that his camper was damaged after a limb fell
from a City of Dubuque tree onto the roof of claimant's camper while it was parked in
Miller Riverview.
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
Gil Spence, Leisure Services Manager
Jay McDonald
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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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: ~~`
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2. Address: ~~ 3~ ff/~~~~ ~ /~!c ~ Tel .~~1
3. Telephone Number L~ ~ 3 ~ ,5 ~ 3- - l/~~
4. Date of Incident:
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5: Time of Incident: ~~`~,
6. Locatio n of Incident (Be specific):
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
th ~ m ~oyee's ~meL~ l~ ~ ~~ ~0 -~~ ~!
cam. z~_ a.~.,S~ -~-._.c~,~ m,~,. " ~n~2 ~r~~~ ~:~11 /~
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8. What were we the ditions like?
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- 9. Give name and address of any witnesffiises:
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10. Did police investigate? (If so, give names of officers.)
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
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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
r...~e~r~~ ref rl~m7no ~
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 you claim from the City of Dubuque?
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16. Why do you claim the City of Du uque is spo sible?
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17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in what amount?
day of ~ !,{S
Dated this ~ , 20 ~ ~
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13. What other damages do you claim, if any?
^~i .~^ Couler Valley RV
~ _ MG W~ ~ 11019 Route 52 North ~ : . DATE
~/~/J~ /{~[~~~ ~C ' ~,~J~ C// ~ N I ~ Dub~u~q~u~e,~/IAA 51~2/0~01 TIME RECEIVED
l /// L1f.GI _ IG. V ~L G/~ 7~/ ~ ~~7V~7,J0~7'S/ W A. M.
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' TIME PROMISED
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~MJ YR. IJ E MODEL I~ R n Q COLD LICENSE N0. MILEAGE DEL. DATE A.M.
IW ~B~/ ~SLY~/Y PA~/ RR/~J"" ~ P.M.
~.IGJ ~ NA~/V ~ ~~..K.~~/f ~~ c~v~ DWI K OUST. P.O. NO. ~ . ~ • : ~ -
AD~~•~ ~ ~~~ /~~ • _ ~~ , ; LUBRICATE ^
CIT,f- 3 /r ATE ,r ZIPM `'HAtiG~ GiL ^
~lxC~ue,~ ~Q(• ~' ~d00 ~ CHANGE r?!L
~~ ~ PHONE WHEN RE~y/ RES. PHONE WORK PHONE EXT. W AENQQBy FILTER CART ^
^ YES ^ NO , n ~ 1fr~ A RRCLEANER ^
~~~ NO H. INSTR}UC~TI~O,NSA - r~jr~~ y~" ~~/~~ ] f~/J~f ~y~/~ ~~,~,~~
LO~~~~V ~17/i! l~J/~/(/r ice( , (.~~/~d~(.G~„ ~.'iN~~~~~~' GG~
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~a 6~._ a?roZ ~.. 9`a/o cc rs' ~ 305 ~
PARTS TOTAL
PO NO. SUBLET REPAIRS
TOTAL SUBLET REPAIRS
^ SAVE PARTS '
__ ^ DISCARL7 PART,, PARTS LABOR TOTAL
"I hereby authorize the repair work hereinafter set forth to be done along with the necessary material and agree that you are not
- responsible for loss or damage to vehicle or articles left in vehicle in case of fire, theft or any other cause beyond your control or for
any delays caused by unavailability of parts or delays in parts shipments by the supplier or transporter. I hereby grant you and/or your
employees permission to operate the vehicle herein described on streets, highways or elsewhere for the purpose of testing and/or
~-.y-(- - inspection. An express mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto."
SIGNED .~a.
DISCLAIMER OF WARRANTIES
Any warranties on the product sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or
implied, including any implied warranty of merchantability or fitness for a particular puryose, and the seller neither assumes nor authorizes any other
person to assume for it any liability in connection with the sale of said products. Any limitation contained herein does not apply where prohibited by law.
TERMS:
____._ j 1 HIG I LY GASH
PARTS (LABOR TOTAL
IId\li_Fe;S ?R?lOR
ARRANGEMENTS AUTHORIZED BY IN PERSON
__ __.__,_,_ BY PHONE
P.'~AUE: DATE (TIME CALLEDBY PHONE NO.
TOTAL LABOR 130gr.
TOTAL PARTS /~~
SHOP SUPPLIES
GAS, OIL
AND GREASE
SUBLET REPAIRS
~~9 ~
TAX t~~ 03
TOTAL ~Q `~
THANK YOU pW'J D,~
1'FIE CnY O_- F C
DUB L~~E~li E
~~~
Dubuque Police Depaztment
Law Enforcement Center
P.O. Box 875
(\~~~~~~~a 52004-0875
(563) 589-4415 dispatch
office
911 Emergency
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cR# Ofd ~- 3~ ~'~
To whom it may concern.
Enclosed are some photos I took of Miller Park on Wed. August 7th, 2008.
As you can see the trees are droopy and need some attention. While walking around the park
I noticed there were many trees with branches that had broken off.
On Saturday August 2nd 2008, while camping at the park, a branch broke off
landing on the roof of my camper. It put a hole in it which went all the way through
to the inside. This hole needed immediate attention in order to continue camping.
If the weather would have been severe, I could understand and accept the
responsiblity for the damage.
But since it was a beautiful sunny day and the wind consisted of only a light
breeze, I feel Miller Park and the City of Dubuque should be responsible for the damages.
After the incident occurred and having conversation with the Officer, Park Patrol and the
campground manager. I learned that the City was asked to come down to Miller Paris
and trim the trees, but no action was taken.) feel that if the trees would have been trimmed
this incident could have been prevented. I hope this matter will be taken care of to ensure the
beauty of the park and the safety of its visitors.
1 realize the tough conditions Miller park went through this spring and summer,
and the clean up efforts have taken time. The City has done a great job with the
grounds so far and continue to do so My family and I plan on doing more camping this fall.
And look forward to the beauty on of this river front park.
Thank you for your tim .
G~~
Jay McDonald
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