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Claim by Rosamond K. LytleTHE CITY OF DUB ~ E Masterpiece on the Mississippi BARRY LINDA CITY ATTORN MEMORANDUM To: Mayor Roy D. Buol and Members of the City Council DATE: August 13, 2008 RE: Claim Against the City of Dubuque by Rosamond K. Lytle Claimant Date of Claim Date of Loss Nature of Claim Rosamond K. Lytle 08/08/08 06/21/08 Personal Injury/ Property Damage This is a claim in which claimant alleges that she broke her hand after tripping over an unmarked curb located in the City parking lot at 3~d and Main Streets. 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 Don Vogt, Public Works Director Rosamond K. Lytle 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 / EnnAIL balesq@cityofdubuque.org `~ 1 ~~ a~ August, 5, 2008 City Clerk City Hall 50 West 13"' St. Dubuque, IA 52001 Dear Clerk, On June 21, after eating lunch with friends staying in town at the Holiday Inn for the BVM celebration, I crossed Third Street at Main to reach our cars in the city lot. I tripped over the center curb which is unmarked. (See photo.) I fell breaking my hand, scratching my face and arms, destroying my glasses, breaking my watch. I was treated at Finley Hospital for a broken bone and the scrapes on my face and wrist. I would like to be reimbursed for the emergency room co-pay (50), three visits to my local doctor to cast and treat the abrasions (30), two office visits to replace my glasses (10), my watch (10), seven appointments at Borics to have my hair washed, since I can not wash it with one hand (70.) For the six weeks of difficulties and frustrations requiring many unexpected expenses, I believe $300 would be appropriate. That amount would cover Gas, salves, bandages, cleaning expenses and adaptive clothing. Sincerely, ~n.~ ~ k e,~ t~ Rosamond K. Lytle ,,, _ --~ ~-~~~ ' ~;l...i I~.y~'L ~~~. ; ~~, ~~~:~p \. ... Cl3~~ii :~ J ~ ~-~ claim Form Page 1 of 2 GLAIM 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: ~.~ 5 Ct w~0 ~ K ~ ~ ~ ~ ~ J / 2. Address: ~ ~ ~ L.c~ ~"~ /'o D ~ i~~/'E_' < ~ ~~~ 1 ~--• ~ 6 ~~ 3. Telephone Number: ~ ^ ~w ~ ~ 6 ~ "" D~ ~ g 4. Date of Incident: 1~Li,?~-C= ~1 ~V© 5. Time of Incident: C : 3 ~ ~ nJ~~++ ('/_ 6. Location of Incident (Be specific): ~a.-!'lam lvL~l ~~ v y` f r~ g ~ t ~ r 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.) 1 ~~t ~p,~ ~~ v~ r ~~~e u n ~ r~~~Q ~~~b~ 8. What were weather conditions like? ~ I QCL/' t ~ Gl.d1 K y , 9. Give name and address of an witnesses: ~ A~ n I (~ C ~ ~ ~- k y .~ ~I `dam g X116 ~~.~ ~ ~ / ~2r~~~s .l ~ yD?O~ ~~-b«r~ Sul i!'ID~ 4~~t~`Te~~'~c~ 10. Did police investigate? (If so, give names of officers.) ~ U Z° r~a ~!~ T Q N~L ~ ~ ~ 6 2 / 2 //{{~~ 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) a ~ ( ,f e i V1 r~,~ ~-a s ~ o ~s 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.) ~.e >~~Ir ~a ~ ~ ~ (~ I~ ~~~~ )„r~l«~~. 13. What other damages do you claim, if any? COS~~ C3t.S cox rl'a ~"ec~ ~(~ ~ ~C) tCeLt -S,~ZJl1.~~ nff„•//:v~vv~vv'.vit"ofu~uv:An lAe.Vrrt~ 111Ler ii lellUl ~,. flll?PuR\.1L i/J L/7G/7!1/10 claim Form Page 2 of 2 14. Have you been compensated for any part or all o your c aim y ny insurance coy' If so, give name and address of insurance company and amount paid.) i~u ~ C was s 7~ ~. ~ 3 ~ ~~ ~ 1e,~ ~c~s ~ ~~~ Q vl~ r f Yl 1 P Y 1 !~/31_.iUl.f~-!. ~~(-f S/ c~ Q_ ~ 15..What amount do you claim from the City of Dubuque? ,_ ~.~li ~ f ~ ~~~~ 1 ~ ~~ ss ~1 ~ ;n ~~n~~fis 11~ 16. y o you claim the City f ubuque is responsible. '~~ ALL ~" ~~-(..S 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and~ad)dress.) I~ U 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? 1 Dated this ~,~ day of ~~ Gt S~ , 20 Q O ~L a ~ 'E'_ S' nature) (Print Name) print this page T+ttr~•//~~ na nip nitc~n~i~ii~iiniro nrrt /r~ri r•4nr f inr+~~~. of 7pn noTTl-1 G~ 11LL~/./I YYY YY.VIL,'VIUKVLLI~UIJ.Vl~/1.I1111LV1_111~11U1~'.Vllll:l {.L~V1L~1J V%L / lG V V V ~^`3'.:~'.YY"_ __ -~ _'----rte -_ ~~ u ~~ _ - „_.7 ~ ..~. ~. .~~ .t= ... ~ _ ^' :y~