Claim Response Biedermann, RickBARRY A. LINDAHL, E(SQ~/~''''~
CORPORATION COUNSEl, CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE: April 29, 2002
RE:
Claim Against the City By Rick Biedermann
Claimant
Date of Claim
Date of Loss
Nature of Claim
Rick Biedermann
04/11/02 03/14/02
Vehicle Damage
This is a claim in which the claimant states that while he was driving his 1995 Jeep
Cherokee west on 14th Street between Washington and Central Streets, he hit a small
pothole, cracking bolts on the motor mounts inside the engine block.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, the
condition of 14th Street between Washington and Central Streets is fair. He states that
this section of pavement is an area that is subject to small and shallow potholes and in
recent months has been patched several times.
After consulting with Mr. Erv Hooks, Equipment Maintenance Supervisor, Mr.
Klostermann reports that it is Mr. Hook's belief motor mount failure can be directly
related to age and number of miles on a vehicle. Taking this into consideration, it is Mr.
Klostermann's opinion that the damage claimed by Mr. Biedermann is not consistent
with damages that occur due to hitting a small and shallow pothole.
It is therefore Mr. Klostermann's recommendation to deny the claim. The Legal
Department concurs with his recommendation.
BAL/tls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street/Sewer Maintenance Supervisor
Rick Biedermann
SUITE 330, HARBOR VIEVV PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~,~MVVCLNET
(563) 5894250 office
(563) 5894252 fax
(563) 5894193 ~DD
ops&maint~c/tyofdubuque.org
April 24, 2002
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Rick Biedermann.
Mr. Biedermann claims to have damaged his vehicle while driving on 14th Street
between Washington Street and Central Avenue. He claims that when he hit a small
hole it caused damage to his engine motor mounts.
The condition of 14th Street between Washington and Central is fair. tn the fall of 2001,
the street received a rating of 40 out of a possible 100. The original construction of the
street is concrete with a 1 1/2 inch asphalt overlay. This section of pavement is an area
that is subject to small and shallow potholes and has been patched several times
throughout the recent months.
I consulted with Mr. Hooks, Equipment Maintenance Supervisor, for the city and he
feels that this type of repairs is not unusual for a 1995 vehicle: He feels motor mount
failure can be directly related to age and number of miles (89,000) on a vehicle.
It is my opinion that the damage claimed by Mr. Biedermann is not consistent with
damages that occur due to hitting a small and shallow pothole. It is therefore my
recommendation to deny the claim.
If you need any additional information concerning this claim, please contact me.
Sincerely,
n KIostermann
Street/Sewer Maintenance Supervisor