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Appeal of Claim by Jessica WestCopyrighted November 6, 2017 City of Dubuque Consent Items # 13. ITEM TITLE: Appeal of Claim by Jessica West SUMMARY: Correspondence from Jessica West appealing denial of her claim for tree damage to her vehicle on July 29, 2017 in Eagle Point Park. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Appeal of Claim Supporting Documentation Original Claim by Jessica West Supporting Documentation October 10, 2017 To: City of Dubuque Administration, City Council and Legal Department RE: Appealed decision of the Eagle Point Park Incident July 29, 2017 From: Jessica Lynn West This letter is in response to a denial of a claim that was initiated after my car was struck by a falling tree in Eagle Point Park. RECEIVED LivED 1700T II 1:05 City Cierk's Office IA July 29 was a beautiful, sunny day with almost no breeze and moderate temperature with no weather issues what so ever evidenced by no flying hair or clothing in many family photos. We even had a successful balloon sendoff. My family rented the Riverview pavilion for a memorial and celebration of life for my aunt Sharon Hartig. If we had been aware that the area was unsafe to be in, we would have looked for another location. Moments after arriving for the event, I was notified that a tree fell over on my car and on my uncle Dick Hartig's car almost totally demolishing both and cutting off the electricity to the nearby pavilions, making it impossible to show the videos for the event or play any music or have electricity to keep food warm. Instead everyone's attentions were focused on the accident instead of the death of my aunt. Thank god that we or our families were away from the vehicles when the tree fell and there were no injuries. The reason stated on the denial of my claim are simply not true. When I got the letter I quickly researched the TH for the previous weeks weather as well as the national weather station and the almanac which all stated great weather with no rain or stormsinthe Dubuque area from the 24`" of July through the 29th. Before the tree was removed that evening and the power restored several people from the event took photos of the scene including the dying and diseased tree. The tree showed signs of dead branches and a rotten core from the outside of the tree to the photos of the inside of the tree trunk and the broken branch that fell directly on my car. The weather was most certainly not the cause of the tree falling and by the looks of the tree it should have been removed a long time ago. Dead tree wood was scattered all over our cars and the street evidenced by multiple photos. Our cars were towed from the park and my car was stored at a local wrecking company. I was told that if it was left in Dubuque the city would be able to better assess the damage. The car was not drivable. After my claim was denied, an elderly man that is a friend of the family had my car brought back to Cedar Rapids and had a new wind shield put in the car and the glass cleaned out of the interior so I would have a car to drive. As of several weeks after the incident I am finally driving my beat up car that now has no radio and many dents. I am a single mother of three kids that has to get them to and from school and doctors etc. and this van is my transportation. The loss of my vehicle was no fault of mine and I was told by the officer present and the park ranger not to worry about it because it should be covered by the city since it was their tree and property that caused my car to be wrecked. We have photos of the weather reports from all three sources, photos of the tree, cars and area and have shared them with you already and photos of the officers present. My insurance has a high deductible and would be impacted even more if some of the claim was covered by my insurance. The insurance company also agreed that this accident was not my fault in any way shape or form. I am again seeking assistance from the city of Dubuque to reimburse my friend for the storage and towing and repairs already made to my car and for the cost of a vehicle to use temporarily and to complete repairs that need to be made to restore my car to where it was when I drove into the park that day. I am still making payments on my vehicle and didn't have it to drive for several weeks. I am estimating my losses to be approximately $4,800.00 at this time. Please contact me if there is anything else that I need to provide for evidence. Thank you for your assistance in this matter and for considering this appeal. Respectfully submied, Jessica Lynn West 2911 5th Avenue #1 Marion, la 52302 Iowa Communities Assurance Pool August 31, 2017 Ms Jessica West 2955 51h Ave., Apt. 1 Marion, Iowa 52302 RE: Claim No.: ICP047550A1 Our Member: Dubuque Date of Loss: 7/29/17 Dear Ms. West: We have reviewed the file pertaining to the above captioned claim. We have made inquiries into the claim and are able to advise you of our decision. Our review showed that a tree in the City Park caused damage to your automobile. Our investigation showed that the tree was in good condition. We determined the cause of the Toss was due to unforeseen high winds. Our investigation determined the City is not liable for your damages. Review of case law states if the City was not negligent in failing to detect and remove the tree which in no way appeared or was thought to be decayed or unsafe prior to this incident. We are sorry that you have incurred a loss. If you should have any further questions or concerns please contact the undersigned at (515) 727-1595. Sincerely, czNiA,4_14, Brenda Snyder Sr. Claims Adjuster Iowa Communities Assurance Pool CC: Dubuque English O'Conner Insurance 5701 Greendale Road • Johnston, IA 50131 www.icapiowa.com • (T) 800-383-0116 • (F) 800-689-1918 Loss Control: 800-239-7557 • Claims: 888-520-4074 9/28/2017 Iowa NWS Contacts '` o'; NATIONAL WEATHER SERVICE Iowa NWS Contacts weather.gov > StormReadv > Iowa NWS Contacts Click on the city name to link to the WFO Home Page. Click on the email address to reach your NWS contact. Todd Heitkamp Sioux Falls, SD 605-330-4247 Todd.Heitkamp@noaa.gov Lyon Osceola Brian Smith Omaha, NE 402-359-2394 Brian.E. Smith @noaa.gov Kelsey Angle Des Moines, IA 515-270-4501 KelseyAngle@noaa.gov Todd Shea LaCrosse, WI 608-784-8275 Todd. S hea@noaa.g ov Emmet Dickinsor Sioux O'Brien Plymouth Cherok on s Clay Palo Alto Winn ebag Kossuth Worth Mitchell Howard Hancock Floyd Shickasa Crro Gordo ;ena Vista Humboldt Fiowh to Wright Franklin Mama nneshiec Bremer Butler CalhounlWebster lamilton Fayette Clayton Black Haw'c Hardin I Grundy 13uchana Story Marshall Polk 1 Jasper 1 Page , Taylor Ringgold Decatur Wayne Tama Benton ow eshiek Iowa Mahaska Linn Johnson Washingt Keokuk Monroe Wapetlo fferson Appanoose Davis https.//www.weather.gov/stormreat Hen ry an Burer Storm Ready National Program es Donna Dub berke Davenport, IA -563.386-3976 Donna.Dubberke @noaa.gov 9/28/2017 Storm Events Database - Search Results 1 National Centers for Environmental Information Storm Events Database Search Results for Dubuque County, Iowa . Vind 0 events were reported between 07/24/2017 and 07/30/2017 (7 days) Summary Info: Number of County/Zone areas affected: 0 Number of Days with Event 0 Number of Days with Event and Death: 0 Number of Days with Event and Death or Injury. 0 Number of Days with Event and Property Damage: 0 Number of Days with Event and Crop Damage: 0 Number of Event Types reported: 0 Column Definitions: 'Mag'. Magnitude, 'Dth'. Deaths, 'Inj': Injuries, 'PrD': Property Damage, 'CrD' Crop Damage Wind Magnitude Definitions: Measured Gust:'MG', Estimated Gust:'EG', Measured Sustained.'MS', Estimated Sustained.'ES' Click on Location below to display details. Available Event Types have changed over time. Please refer to the Database Details for more information. Select All Wind Speeds • Sort By: Datemme (Oldest) • Location Countv/Zone St. Date Time T.Z. Type Maq Dth PrD CrD Totals: 0 0 0.00K 0.00K https:l/www.ncdc.noaa govlstormevents/listevents.jsp?eventT _ _ u .i :... c...: _ 11 ::c 1/1 9/28/2017 Storm Events Database - Search Results I National Centers for Environmental Information Storm Events Database S:;r,Irc.:i .«esu.ts for JJaugLu'„Uu'l.y, C Na Dubuque county contains the following zones: 'Dubuque' • anc Gi13U;L 1' ; (i oaysj Summary Info: Number of County/Zone areas affected: 0 Number of Days with Event: 0 Number of Days with Event and Death: 0 Number of Days with Event and Death or Injury. 0 Number of Days with Event and Property Damage: 0 Number of Days with Event and Crop Damage. 0 Number of Event Types reported: 0 Column Definitions: 'Mag'. Magnitude, 'Dth': Deaths, 'Inj': Injuries, 'PrD'• Property Damage, 'CrD': Crop Damage Wind Magnitude Definitions: Measured Gust:'MG', Estimated Gust 'EG', Measured Sustained.'MS', Estimated Sustained 'ES' Click on Location below to display details. Available Event Types have changed over time. Please refer to the Database Details for more information. Select: All Wind Speeds • Sort By: Date/Time (Oldest) • Location County/Zone St. Date Time T.Z.. Tvpe Maq Dth PrD CrD Totals: 0 0 O.00K 0.00K https://www.ncdc.noaa.gov/stormevents/listevents.jsp':avo,..;),A.. .U63Z.OZv' i'.,y/i•wviootxvey;nDate_mm=07&beginDate_dd=24&beginDateyyyy=20... 1/1 9/28/2017 Storm Events Database - Search Results I National Centers for Environmental Information Storm Events Database Search Results for Dubuque County, Iowa Event Types: Heavy Rain 0 events were reported between 07/24/2017 and 07/30/2017 (7 days) Summary Info: Number of County/Zone areas affected: 0 Number of Days with Event. 0 Number of Days with Event and Death: 0 Number of Days with Event and Death or Injury. 0 Number of Days with Event and Property Damage: 0 Number of Days with Event and Crop Damage. 0 Number of Event Types reported: 0 Column Definitions: 'Mag'. Magnitude, 'Dth': Deaths, 'Inl' Injuries, 'PrD': Property Damage, 'CrD'. Crop Damage Click on Location below to display details. Available Event Types have changed over time. Please refer to the Database Details for more information Sort By: DaterTime (Oldest) • Location County/Zone St. Date Time T.Z. Type Maq Dth lai PrD CrD Totals: 0 0 0.00K 0.00K ,; :.. 1;1 9/28/2017 Storm Events Database - Search Results 1 National Centers for Environmental Information Storm Events Database Search Results for Dubuque County, Iowa Event Types: Strong Wind Dubuque county contains the following zones: 'Dubuque' 0 events were reported between 07/24/2017 and 07/30/2017 (7 days) Summary Info: Number of County/Zone areas affected: 0 Number of Days with Event: 0 Number of Days with Event and Death: 0 Number of Days with Event and Death or Injury. 0 Number of Days with Event and Property Damage: 0 Number of Days with Event and Crop Damage: 0 Number of Event Types reported: 0 Column Definitions: 'Mag': Magnitude, 'Dth': Deaths, 'Inj'. Injuries, 'PrD': Property Damage, 'CrD': Crop Damage Wind Magnitude Definitions: Measured Gust:'MG', Estimated Gust:'EG', Measured Sustained:'MS', Estimated Sustained:'ES' Click on Location below to display details. Available Event Types have changed over time. 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J..' .-...--.041"2. lir.stp. .,. • .... _ •,..., 24 0- viol. , ” 4,31 4111111her 4.. w. • -.-r-r 11',:i‘ : i. -fa,. "*- .. •_- . _ • , wa,A 41.41a • .-1-• - 44. 4- 4' X`�Ofl� �/ �/%; iia`%� b�'�= M�f ( . LD - 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 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. 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 YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: 5 --- /. J61 2. Address: 0197/ S"2 9 .e efl/ c:2?0 Dl / 3. Telephone Number: z T c7 eve - 4. Date of Incident: •r}e,y `I', X77 3 15 /2/47 5. Time of Incident: 6. Location of Incident (Be specific):r;, PQr,/ 7. DESCRIBE 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.) � l /w . 9 /%)A// // /J /z%t'/)%I' j 4,4 /'✓C43d, /2-755'2. 6c tc' S'/1 j / vv,0C = / .-c- . e.�-02 /-)/34.�z is c` ( ? A 5)MU �-1�� r'��L 7 -Wee" f�cIr 1 /'1 S Gc; 8. What were weather conditions like? //C &'//t/ ) 9. Give name and address of any witnesses: MI. -7-/C 73 /t'( -Y 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) ice/' / 57. , / L �{✓� S. ,iL,) U/5 77/15-7- c a /7)/ d (i i) "a -Z-5'6 13 What other damages do you claim, if any? �` ,it/ Are'7 -C,/ C 77 ./,e / ' / 7` /S e/4' / / 0 6- L/ , 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) //e , 1%E,/i 7 7 49 5 &/7-y tYUJ 15. What amount do you claim from the City of Dubuque? ' '�'Y 11z� "�C e z?-44-7--1,-v,56/2777-7,-/d7/7/ '.?/1/1/.5- 2-6x' v.S- 16. Why do you claim the City of Dubuque is responsible? ��x�-! Rie,e v rc ��.: -"., t 5 � CJiry :. CJS . 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 7i/CJ 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this (07# day of y s� 20/ 7. �C= 569- Gc/L (Signature) (Print Name) /24&z/9`/; / 77 dvljit'L_ ,A7 -..e /0 mac/ /6-6z7. f 6.7->"0 ,v' /--ei (Rev. 7/12) / cjyei - (-7) 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 intended recipient, you are hereby notified that you have received this communication in error, and that any review, disclosure, dissemination, distribution or copying of its contents is prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of 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 6) Credit Card Numbers If any documentation you desire to submit to the City of Dubuque contains any of the items above, this cover sheet must be attached directly to the confidential information. Please indicate below the type of information that is included. I,—Gu 7 include the following protected information: , hereby certify that the attached documents Social Security Number(s) Bank Account Information Medical/Health Information Financial Information Personnel/Disciplinary Information 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 from unnecessary distribution. Date 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. ianture .%/n f7 Date /