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.