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Claim Response DeVenuta DeboMEMORANDUM April 30, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Deborah DeVenuta Claim In response to the April 15, 2002 communication from Deborah DeVenuta regarding the City's denial of her automobile damage claim, Assistant City Manager Cindy Steinhauser investigated. On February 13, 2002, a section of Rush Street collapsed and caused the right wheel of Ms. DeVenuta's car to drop through the pavement. According to City records, there was no previous pavement defect in the area listed in the claim, and a dye test the following day indicated no defects in the sanitary or storm sewer system in this area, and to date, none have been found. Applicable Iowa law states that the City is not the insurer of the condition of its streets, and is only liable if the City is negligent. Assistant City Manager Cindy Steinhauser recommends that the City Council concur with the previous denial of the claim of Deborah DeVenuta. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager MEMORANDUM April 25, 2002 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Deborah DeVenuta Claim Discussion On Apd115, 2002 City Council received and filed a communication from Deborah DeVenuta regarding the City's denial of her automobile damage claim. This is in response to her request that the City Council review the denial of the claim. According to the February 26 report of Street/Sewer Maintenance Supervisor John Klosterman, a copy of which is attached, a 2' x 2' section of Rush street collapsed and caused Ms. De Venuta's dght wheel to drop through the pavement. The area was barricaded that evening and repaired the following day. According to City records, there was no previous pavement defect in the area listed in the claim and a dye test the following day indicated no defects in the sanitary or storm sewer system in this area. To date, no defects in the sanitary or storm sewer system have been found. Also attached is statement by Corporation Counsel Barry Lindahl of the applicable Iowa law, which provides that the City is not the insurer of the condition of its streets and is only liable if the City is negligent. Based upon the information provided by John Klosterman that the City had no prior knowledge or notice of a defect, the claim was recommended for denial. In her letter to the City Council, Ms. DeVenuta requests a reason for the denial and what other actions she can take. The above explanation as previously shared with Ms. DeVenuta was the basis for recommending denial. In response to what other actions she can take, I would recommend that she submit the claim to her insurance company. Recommendation I would recommend that the City Council concur with the previous denial of the claim of Deborah DeVenuta. Cc: Barry Lindahl, Corporation Counsel John Klosterman, Street/Sewer Maintenance Supervisor Don Vogt, Operations & Maintenance Supervisor O~erations & Maintenance Department 925 Kerper Boulevard Dubuque, Iowa 52001-2338 (3~9) 589-~50 (319) 5894252 FAX February 26, 2002 Barry Lindahl Corporation Counsel 50 West 13th street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Ms. Deborah DeVenuta. Ms. DeVenuta's car was damaged when it was parked in front of 966 Rush Street. A two foot by two foot section of street collapsed which caused her right front wheel to drop through the pavement. Our records show that this incident was our first knowledge of a possible pavement defect. That night a maintenance crew responded to the call and barricaded the hole for the night. The hole was dye tested the following day and no defects were found in the sanitary or storm sewer system. Undermining of a street is not a visible defect that would be detected during a routine inspection. It is therefore my recommendation to deny the claim due to the lack of prior knowledge concerning this defect. If you need any additional information concerning this claim, please feel free to contact me. Sincerely, J~hn Klostermann Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork CORPORATION COUNSEL, CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: March 6, 2002 RE: Claim Against the City By Deborah S. DeVenuta Claimant Date of Claim Date of Loss Nature of Claim Deborah S. DeVenuta 02/13/02 02/12/02 Vehicle Damage This is a claim in which the claimant states that while attempting to park along the south curb in front of 966 Rush Street, the street collapsed causing her right front wheel to drop through the pavement, damaging the subframe of the vehicle. According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, his records indicate that this incident was the Operations and Maintenance Department's first knowledge of a possible pavement defect. A crew responded to the call and barricaded the hole the night of the incident. The hole was dye tested the following day and no defects were found in the sanitary or storm sewer system. Mr. Klostermann states that undermining of a street is not a visible defect that would be detected during a routine inspection. Therefore, it is his recommendation to deny the claim due to lack of prior knowledge concerning this defect. The Legal Department concurs with his recommendation. BAL/tls CC: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street/Sewer Maintenance Supervisor Deborah S. DeVenuta SUITE 330, HARBOR ViEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / F-MAIL BALESQ(~r,/NVCI.NET Under Iowa law, a city is not the insurer of the condition of its streets, and is only liable if k is negligent. The City's duty is to exercise reasonable care to keep its streets flee 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 ex/sted for such a period of time that a reasonable person would have discovered it.