Claim Response Kelly, Daniel KBARRY A. LINDAHL, ~E~Q.
CORPORATION COUN~.EL, CITY OF DUBUQUE
MEMO
To:
DATE:
RE:
Claimant
Daniel K. Kelly
Mayor Terrance M. Duggan and
Members of the City Council
June 27, 2002
Claim Against the City By Daniel K. Kelly
Date of Claim Date of Loss
06/17/02 06104/02
Nature of Claim
Vehicle Damage
This is a claim in which the claimant states that as he was driving on University Avenue,
he drove over a washed-out area of the roadway with his left tire, causing the tire rim to
bend. Also, the hubcap flew off hitting an oncoming vehicle, causing damage to that
vehicle's bumper.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, the
City received record-breaking rainfall during the early morning hours of June 4, 2002.
Maintenance crews started barricading known washed-out areas during the early morning
hours and continued throughout the day. The first notification of this specific storm related
pavement defect was reported by the investigating officer at this accident scene, who
requested that a barricade be put in place until repairs could be made.
It is therefore the recommendation of Mr. Klostermann to deny this claim due to the lack of
pdor notice of this storm related pavement defect. The Legal Department concurs with this
recommendation.
BAL/tls
cc:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street/Sewer Maintenance Supervisor
Daniel K. Kelly
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~IVIWCI.NET
Operations and Maintenance Depm~tment
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
(563) 5894250 office
(563) 5894252 fax
(563) 589-4193 TDD
ops&maint~cityofdubuque.or§
June 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 Mr. Daniel Kelly.
Mr. Kelly claims damage to his vehicle when he hit a washed out area of pavement on
University Avenue,
During the early morning hours of June 4, 2002, the City received record breaking
rainfall Due to this heavy rain event, city streets received major damage. Maintenance
crews started barricading known wash out areas during the early morning hours and
continued throughout the day. Our first notification of this storm related pavement
defect came from the investigation officer at the accident who requested that a
barricade be placed until repairs could be made.
It is therefore my recommendation to deny this claim due to the lack of prior notice of
this storm related pavement defect.
If you need any additional information concerning this claim, please contact me.
Sincere.~~
j(~hnJ~l.Klostermann -
Street/Sewer Maintenance Supervisor
JLK:vle