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Claim by James Schreiner - State Farm Copyrighted June 19, 2017 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Anderson Windows for property damage, Herbert Cook for vehicle damage, Ron Ludwig for vehicle damage, Judie Root for property damage, James Schreiner for personal injury/vehicle damage, Skyler Lee Tracy for vehicle damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Anderson Windows Claim Supporting Documentation Cook Claim Supporting Documentation Ludwig Claim Supporting Documentation Root Claim Supporting Documentation Schreiner Claim Supporting Documentation Tracy Claim Supporting Documentation r�v R 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 13"'St., Dubuque, IA 52001. It will then be referred to the appropriate department for investigation and to the City Attorneys 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 ou as to ether your claim. 'II or will not be paid. 1. Name of Clai ant: l� T 4 r � y � � � r 2. Address: } 3.Telephone Number: 7 7 � 4. Date of Incident: �0 �7� 5.Time of Incident: ZL .i 6. Location of Incident(Be specific): I�1I�V °�1 k— I�YJ NIJ� ;� 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.) >(( aV&avp amru r A,�V � i f. &What were weather conditions like? 9. Give name and address of any witnesses: 10. Did police investigate?(If so, give names of officers.) 11.Was anyone injured? (If so, give names,addresses,and extent of inj ies.) /J 12.Was any damage done to property?(If so,describe property and the extent of damages. Attach estimates of damages or des1riPe basis for ascertaining exjp,nt of damage.) 4 13.What other damages do you claim, if any? 14. Have you been compensated for any part or all of your claim by any insurance company?(If so,give name and address of in rance corrRny and amount paid.) 15.What amount do you claim from the City of Dubuque? 16.Why do you claim the City of Dubuque is responsible? anM)m I f1I11 va V T F- 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? Dated this day of / "t 20 L (Print Name) c� 1 CD Jun/1/2017 3'35'36 PM State Farm 692-3029 212 Confidential This communication and any attachments may contain information which is confidential and privileged by law and Is for the use of the designated recipient. If you are not the ereby notified that you have received this communication in intended recipient, you are h error, and that any review, disclosure, dissemination, distribution or copying of its contents e eprohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of Is your receipt of these items and destroy the communication and any attachments immediately. Further disclosure of this information may violate state and federal restrictions. Confidential information may include the following: 1) Social Security Number(s) 2) Medical/Health Information 3) Personnel/Disciplinary Information 4) Bank Account Information 5) Financial Information 5) Credit Card Numbers s any of the items If any documever sheet desire to directly to he confidto the City ofential ial info mationubuque knPlease indicate belowthe this cover sheet m type of information that Is included. 6/4 /G� �Ir�' , hereby certify that the attached documents include the following protected information. Social Security Number(s) Bank Account Information Medical/Health Information rinancial information Personnel/Disciplinary Information T _Credit Card Number(s) I understand that this information may be distributed within the City organization or to agents of the City for processing and I hereby authorize the City to act accordingly taking all precautions to protect my information fro ecessary distribution. -fm �_ 1 G ignature ''�S�Q 6 ri `- I have read the information above and do not have any confidential documentation to submit to the City of Dubuque as part of this Claim Against the City. Signature Date Copyrighted June 19, 2017 City of Dubuque Consent Items # 3. ITEM TITLE: Disposition of Claims SUMMARY: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Anderson Windows for property damage, Herbert Cook for vehicle damage, Ron Ludwig for vehicle damage, Judie Root for property damage, James Schreiner for personal injury/vehicle damage, Skyler Lee Tracy for vehicle damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Staff Memo THE cTFY OF � DUBUQUE MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL i To: Mayor Roy D. Buol and Members of the City Council DATE: June 7, 2017 RE: Claim Against the City of Dubuque by James Schreiner, filed by State Farm ii Claimant Date of Claim Date of Loss Nature of Claim James Schreiner 06/06/17 02/28/17 Personal Injury/ Vehicle Damage This is a claim in which claimant alleges that as he was driving northbound on Sunset Park Circle, a City of Dubuque refuse truck pulled out onto the roadway and sideswiped claimant's vehicle. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager i John Klostermann, Public Works Director Jessica Kellerhals, State Farm 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 tsteckle@cityofdubuque.org HANSON L,ULIC & KRALL, LLC ATTORNEYS AT LAW November 1, 2017 Michael Vincent Conner 1075 Arrowhead Drive Dubuque, IA 52003-0000 Public Entity Risk Services of Iowa 5701 Greendale Rd Johnston, IA 50131-1510 City of Dubuque — City Clerk 50 W. 13th Street Dubuque, IA 52001-4805 Re: State Farm Insured: James G. Schreiner State Farm Claim No.: 15-0962-3G3 Public Entity Claim No.: ICP047089A1 D/O/L: February 28, 2017 Our File No.: STASUB 24204 Dear Sir or Madame: 700 Northstar East 608 Second Avenue South Minneapolis, MN 55402 Office: 612.333.2530 Fax: 612.392.3675 Grant D. Sackett Attorney at Law Direct Dial: 612.392.3668 E -Mail: esacketi( lilk.corn Cry Our office represents State Farm Mutual Automobile Insurance Company ("State Farm") in pursuit of its subrogation claim with regard to the above -captioned auto incident. You are responsible for the loss because on or about February 28, 2017 at or near 3400 Sunset Park Circle, in Dubuque, IA, Michael Vincent Conner ("Conner"), operated a City of Dubuque garbage truck, while acting in the course and scope of his employment with the City of Dubuque and negligently merged into a lane that was occupied by State Farm insured's vehicle, causing a collision and damages. Conner was cited for unsafe starting of a stopped vehicle. As a result of the damages, State Farm made payment to its insured in the amount of $13,051.90, and State Farm's insured suffered a deductible loss of $500.00, for a total of $13,551.90. A copy of the police report is enclosed with this letter. In addition, there may be continuing liability for any additional claim amount which may be paid by State Farm in the future for this loss or any other subrogation claims State Farm may have regarding this incident. Furthermore, you may have continuing liability for State Farm's ongoing PIP/No-Fault payments. State Farm expressly reserves the right to pursue any additional subrogation claims or a PIP/No-Fault indemnity claim(s) it may have regarding this matter. State Farm's Insured may also have their own personal claim(s), which are not included in State Farm's subrogation claim. On behalf of State Farm, we are seeking payment of $13,551.90. Please make payment to "Hanson Lulic & Krall Trust Account." Our tax ID number is 41-1641289. If we do not receive payment within ten (10) days of this letter, we may commence suit. Sincerely, OrowitSazicett Grant D. Sackett GDS/sp G:\HLK\24262\Atty\Demand lir - Defendant.doc Risk Solutions (A2) 3/10/2017 4:27:06 AM PAGE 2/005 Fax Server 634135961 l arm 4433003 (1 1 -13) INVESTIGATING OF'FICER'S REPORT OF MOTOR VEHICLE ACCIDENT MAIL REPUR55 TO Iowa Department al rrrrnsporielion, Otto of Dever Services, P O Dog 0204 Des Moines, Iowa 50303 9704 Date of Accident Tirne of Accident County 0212812017 11:21 Hrs. DUBUQUE • 31 Driver's Name - Last U CONNER N Address I 1075 ARROWHEAD DR T Date of Eirth Driver's license Number 1 1211611982 7060)06839 Male Female State Class Endorsements Restriction 0 L K Test Results. Drug Test Given: 1 c 0 M M E R C A L (M� C) IA Alcohol Test 0 vein Owner's Name - Last CITY OF DUBUQUE Address 50 W 13TH ST License Plate No 07327 Trailer Plate No. Sheet 1 of 4 Law Enforcement Case Numbers, 2017001563 Accident occurred within corporate Omits of (city) DUBUQUE - 2100 First Middle MICHAEL VINCENT City State Zlp DUBUQUE IA 52003-0090 CDL Citation Charge 1 Citation Charge 2 UNSAFE STARTING OF A STOPPED VEHIC Yes No Citation Charge 3 Citation Charge 4 4J 0 Test Result: Re•exarm Yes No reason for Re -Exam Request: First Middle City State Zip DUBUQUE IA 62001 State Year VIN: ColorYear Make Model Style IA 2099 1HTWCAARSDJ507817 YEL 2013 1NTL 7000 SERIES PK State Year VIN: Tow ITow # Towed To 1 1 appir cosrIo Rep,.rornepiace $0.00 Insurance Co Phone Number Insurance Policy Number (5630 6894120 SELF INSURED Confi3 1 Cargo Body Type Veb. Defect Point of Initial Impact Most Damaged Area Extent of Damage Total Doc In Veh 02 I01 13 10 11 I01 Bus Use Driver Condition I Vision Obscured Contributing Circumstances Driver (up to two) 1 Driver Distractions 1 Speed Limit 01 18 19 02 25 Horizontal Alignment Vertical A1{ nmer SEQUENCE First Event Second Event Third Event Fourth Event Most Harmful Event 01 g 154 g I OF EVENTS 133 I I 33 Insurance Company home CITY OF DUBUQUE Initial Travel Direction Veh. Act. Veh 01 01 J 16 Special Veh, Func Emergency Stratus 01 01 Tratflc Controls 01 Carrier Name/Lessee CITY OF DUBUQUE Street Address 50 W 13TH ST Number of Axles 2 Haz Mat Involvement 02 • NO Trailer Plate: State Year Gross Vehiclo Weight Rating 2. 10,001 LES - 26,000 LES Haz Mat Placard Trailer Plate: State Year City DUBUQUE U5 DOT Number Placard Number Haz Mat Released Haz Mat Class VIN VIN Converter Dolly Doty Plate. Stat Plate Yea VIN Phone Number. (563)689-4260 P DRIVER OF UNIT 1 Transported to' E R Name Phone Number 0s Address NI S N Name 1 L Address NN U T Name E 1 Address D Name Address DOB. ITransponod to: Phone Number DOB Transported to: Phone Number I D00: Transported to: Phone Number DOE. fransponerl10 24c1706900926WPSD41NK9 Received 311012017 4'27'05 AM [Eastern Standard Time] MC Number Haz Mat Name State Zip Code IA 52001 Underr de/Override 1 . NONE 0k. n. m yr ?Jk�.... rf ,( .� 6 02 —, 01 2 ; 01 1 101 pi_l Transported by- Transported y —� Transported by I' Transported by Transported by: 1 Transported by II Risk Solutions (A2) 3/10/2017 4:27:06 AM PAGE 3/005 Fax Server 634135961 roan 4�L3r101ia 111.111 INVESTIGATING OFFICER'S REPORT OF MOTOR VEHICLE ACCIDENT 611041 0 0t 4 Law Enfonxrnenl Case Numbers MAIL REPORTS To Iowa Deuarlmeni ni 1r.insnorlanon, Unice 01 nwni n Rnu 1fl4, '}ns Mdopa lawn 303:7.9004 2017.00001663 Time of Accident County Accident occurred within corporate limits of (city) His DUBUQUE - 31 DUBUQUE - 2100 Date of Accident 02/28/2017 11:21 - Driver's Name - Last U SCHREINER N Address 1 2305 CROWN POINT RD T 2 Date of Birth 05107(1932 0215 Driver's52930 License Number Mate Female State Class Endorsements Restriction !q�) IA C NONE NONE () C?i Alcohol Test 0 van: Test Results Drug Test Given, 11 Owner's Name - Last SCHREINER ACIdfRSS 2185 CROWN POINT RD First""'...._......�.__._....._.__�_._ _,..._...»_..._,_.Middle' JAMES City DUBUQUE COL Cita Jan Charge 1 Yes No License Plate No, EEY085 Trader Plate No, State IA State Year 2017 Year Insurance Company Name STATE FARM Initial 'Travel Direction Veh, Act 01 01 VIN 19XFB2F9XCE074012 V IIV' Citation Charge 3 GERALD State Zip IA 52002.0000 Citation Charge 2 Citation Charge 4 Test ResultRe-exam' Yes No Reason for Re -Exam Request. C) COD First JAMES City DUBUQUE Color SIL Taw Tow # 2 Middle GERALD State Zip IA 52002-0000 Year Make Model Style 2012 HOND CIV 4D Towed To Hrn x co�no s4p.,rr or nrniae4 $3,000.00 Insurance Co Phone Number Insurance Policy Number 1563)588-1491 100 9416-817-15U Veh Contig. Cargo Body Type Vett Defect Point of Initial Impact Most Damaged Area Extent of DamageTotal One, in Veh 01 ( 01 01 04 04 4 02 Special Veh Funo Emergency Status Bus Use Driver Condition Vision Obscured Contributing Circumstances Driver (up to two Driver Distractions Speed Limit 01 01 101 01 88 02 25 Traffic Controls Horizontal AlignmentVertical Alignment SEQUENCE First Event Second Event Third Event For Event Most Harmful Event 01 01 + Ali OF EVENTS 33 33 Carrier Name/Lessee C 0 Street Address M M E R c Trailer Plate. A L Number of Axles Gross Vehicle Weight Rating Haz Mat Involvement Haz Mat Placard Trailer Plate Converter Dolly State Year Stale Year Dally Plate. Stat Placard Number VIN VIN DRIVER OF UNIT 2 E R I Name S • Address N I S h Name NN1 LI Address JI UT R E2 Name Address Name Plate Yea City US 001 Number MC Number Haz Mat Released VIN Phone Number (563) 583-9561 Haz Mat Class Flaz Mat Name Slate Zip Code Underside/Override 1 - NONE /I > 6` OS 103 Transported 10: I Transported by Phone Number I DOB Transported to: Phone Number .�»., DOB Transported lee Phone Number DOE i�Trallspuned to. Phone Number DOB Address TransyOrteu 10 Transported by' 24c1706900927WPSD4WK9 Received 3/10/2017 4'27.05 AM [Eastern Standard Time] 2 r 3 w 2 01 1 01 01 f I I ti Transported by Ilan spotted by Transported by Risk Solutions (A2) 3/10/2017 4:27:06 AM PAGE 4/005 Fax Server 634135961 °lin 4,11003111.1.1) INVESTIGATING OFFICER'S REPORT OF MOTOR VEHICLE ACCIDENT MAIL KPOR IR "U teWn laepartment 01 arensportolrun, Oflice of Umar . 01*ss 00 Pok n204, Des Mentes Iowa 5020(1 9)04 Date of Accident 'Ante of Accident County Accident occurred within corpoiale limits of (city) L 02/2872017 11:21 Hrs. DUBUQUE - 31 DUBUQUE - 2100 O Literal Description C SUNSET PARK CIR MEASURING 374 FEET NORTH FROM SUNSET PARK CIR AND MEGGAN ST A If accident occurred outside of N NE E SE S SW W N T city limits show general vicinity 0 0 0 0 C.) CSC 1 CD at nearost city Cin Road, Street or Highway: I 0 At Intersection with N Note. Unless accident occurred at an intersection which is completely described above, use the space below to give the exact location front a milepost or definable intersection, bridge, or railroad crossing, using two distances and directions If neccessary of N NE E SE S SW W N N NE E SE S SW W N 00000000 and 1,J00 00000 Milepost Definable Intersection, Number Or bridge, or railroad crossing ACC1DFIIN ENVIRONMENN ROADWAY CHARACTERISTICS Lo�ahnn of First Harmful Event 01 Weather Conditions Kip to rW0) Major Contributing Cvcurnslances Environ 000 01 Manner of CrashlCollistor 06 02 Roadway 01 Light Conditions 1 Suriace Conditions 02 Type of Roadway JunctlonfFeature 01 FRA No First Harmful Event (Crash) 33 1Name 001 N 0 Address NM 0 Transported to, T V Name R Address 5 T Transported to WORKZONE Yes No RELATED? « r3) N p If Property other than 0 R vehicles damaged explain N 0 Owner's Last Name V E E Address HR T If Property other than C Y vehicles damaged explain U Owner's Last Name LD A M Address RG w T N E S 5 Last Name Last Name Last Name Last Name Last Name Signature of Officer HARDEN ANDREW Name of Agency DUBUQUE POLICE DEPARTMENT Report Reviewed By - — LEMBKE, JIM Object Damaged Object Damaged First Name First Name First Name First Name Activity Location Type Phone Number Phone Number First Name City First Name City Address Address Address Address First Name I Address Workers Present DOB: Alcohol Test Given Transported by: DOB: Alcohol Test Given Transported by: Badge Numhar 59 A Date of Report 021202017 Dale of Review 0100112017 24c1706900928WPSD4WK9 Received 3110120174'27'05AM [Eastern Standard Time] }haul .1 ui 4 Law EnForcernent Coro Numbers 2017-001563 Legal r---1 Pevale Intervention? 1„._1Property?. County' Route 31 X Coordinate' 686886.95 Y Coordinate' 4709966.62 0 Divided Highway, Provide Route (Cardinal) Travel Direction NB SB 00 WB 0 J 0 0 Test Results' Drug Test Given S'esuit Charged Yes No I 0i 0 i ! { f Test Results: Drug Test Given Result Charged Yes No 0 0 Estimate of Damage Middle Name Phone Number State Zip Code Middle Name State' IIr Zia Code Was owner or tenant nettled? 1 is Yes 2 is No 9 = Unknown Estimate of Damage Phone Number Was owner or tenant notified? 1= Yea 2= Nog=Unknown City State Z p Code Phone Number City City City City State Zip Code State Zip Code State Zip Code State Zip Code Picone Number Phone Number Phone Number Phone Number Time Officer Notified of Accident Time Officer Arrived At Scene 11:24 Firs 11:24 Hrs Ifvesngallon made at scene? T I No Y (#j N Q Repcit r5lven to ail Drivers? Other Teohritcal Invee'hgahng Agerry -- Y( ` NC) Risk Solutions (A2) 3/10/2017 4:27:06 AM PAGE 5/005 Fax Server 634135961 rur 11 4,1,13CO3! 1' 1 1'17 INVESTIGATING OFFICER'S REPORT OF MOTOR VEHICLE ACCIDENT Sheol 4 0 4 law Enforcement Case Numhors' WA 1. 10011ri1112 1'0 luvia l IlI, crl of ,renspnrtnaer 1)1l 1 M Driv9r 5divl,es PO Hex %!04 Deb Mains; Iowa 1033.6 9?04 2017-001053 D A G R A M {. Meggan St l Sunset Park Clr� r Meggan 51 Unit 01, a City of Dubuque garbage truck, was pulled over to the right side al the roadway facing northbound in the 3400 Blk Sunset Park Circle. Umt #2 was traveling northbound on Sunset Park Circle passing Unit 01 Unit #1 didn't see Unit #2 and pulled out to proceed to the next residence on the street Unit 41 sideswiped Unit N #2 No injuries reported A R R A T V 24c1706900929WPSD4WK9 Received 3/10/2017 4'27'05 AM [Eastern Standard Time] HANSON L,ULIC & KRALL, LLC ATTORNEYS AT LAW November 1, 2017 Michael Vincent Conner 1075 Arrowhead Drive Dubuque, IA 52003-0000 Public Entity Risk Services of Iowa 5701 Greendale Rd Johnston, IA 50131-1510 City of Dubuque — City Clerk 50 W. 13th Street Dubuque, IA 52001-4805 Re: State Farm Insured: James G. Schreiner State Farm Claim No.: 15-0962-3G3 Public Entity Claim No.: ICP047089A1 D/O/L: February 28, 2017 Our File No.: STASUB 24204 Dear Sir or Madame: 700 Northstar East 608 Second Avenue South Minneapolis, MN 55402 Office: 612.333.2530 Fax: 612.392.3675 Grant D. Sackett Attorney at Law Direct Dial: 612.392.3668 E -Mail: esacketi( lilk.corn Cry Our office represents State Farm Mutual Automobile Insurance Company ("State Farm") in pursuit of its subrogation claim with regard to the above -captioned auto incident. You are responsible for the loss because on or about February 28, 2017 at or near 3400 Sunset Park Circle, in Dubuque, IA, Michael Vincent Conner ("Conner"), operated a City of Dubuque garbage truck, while acting in the course and scope of his employment with the City of Dubuque and negligently merged into a lane that was occupied by State Farm insured's vehicle, causing a collision and damages. Conner was cited for unsafe starting of a stopped vehicle. As a result of the damages, State Farm made payment to its insured in the amount of $13,051.90, and State Farm's insured suffered a deductible loss of $500.00, for a total of $13,551.90. A copy of the police report is enclosed with this letter. In addition, there may be continuing liability for any additional claim amount which may be paid by State Farm in the future for this loss or any other subrogation claims State Farm may have regarding this incident. Furthermore, you may have continuing liability for State Farm's ongoing PIP/No-Fault payments. State Farm expressly reserves the right to pursue any additional subrogation claims or a PIP/No-Fault indemnity claim(s) it may have regarding this matter. State Farm's Insured may also have their own personal claim(s), which are not included in State Farm's subrogation claim. On behalf of State Farm, we are seeking payment of $13,551.90. Please make payment to "Hanson Lulic & Krall Trust Account." Our tax ID number is 41-1641289. If we do not receive payment within ten (10) days of this letter, we may commence suit. Sincerely, OrowitSazicett Grant D. Sackett GDS/sp G:\HLK\24262\Atty\Demand lir - Defendant.doc