Claim by Scott D. HosTHE CITY OF
DUB E
Masterpiece on the Mississippi
BARRY LIND
CITY ATTOR
MEMORANDUM
To: Maydf Roy D. Buol and
Mem rs of the City Council
DATE:
RE:
Claimant
Scott D. Hos
January 16, 2009
Claim Against the City of Dubuque by Scott D. Hos
Date of Claim
01 /08/09
Date of Loss
01 /08/09
Nature of Claim
Vehicle Damage
This is a claim in which the claimant alleges that his vehicle was struck and damaged at
the Dubuque Metro Landfill by a television which rolled off from a refuse pile that was
being unloaded from a City of Dubuque refuse truck.
According to the report of Paul Schultz, Resource Management Coordinator, the alleged
damage occurred at the unloading "face" of the Landfill at approximately 12:15 p.m. on
January 8, 2009. The Sanitation Driver operator said he saw a television resting next to
the rear wheel behind the side panel of claimant's backed-in vehicle where the claimed
damage occurred. Mr. Hos then picked up the television and moved it before informing
the second Sanitation Driver on the other side of the truck as to what allegedly
happened. Because the television was moved, it could not be investigated as to
whether it was possible for the television that was near the rear wheel of claimant's
vehicle to be responsible for the alleged damage.
Another fact in dispute, according to Mr. Schultz, is whether claimant parked a safe
distance away from the refuse truck as the refuse truck was first in place to unload.
Claimant alleges that he was parked approximately 10 feet away from the refuse truck.
The Sanitation Driver operating the truck and a Landfill Equipment Operator at the
scene both stated that the distance was approximately three feet.
Mr. Schultz states that it would be impossible for the television to have hit and damaged
the side panel of claimant's truck and then move backwards and end up resting near the
side of the rear wheel. Additionally, it is Mr. Schultz's position that claimant was
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 balesq@cityofdubuque.org
i
negligent in parking too close to the refuse truck before the refuse truck was finished
unloading its contents. Mr. Hos had the following options: 1) unload at the designated
safe area for small loads by the scale house; 2) wait until the refuse truck emptied its
load and pulled away before positioning his truck; or 3) position his truck further away at
a safer distance from the refuse truck.
It is therefore Mr. Schultz's recommendation to deny this claim. The City Attorney's
Office concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Paul Schultz, Resource Management Coordinator
Scott D. Hos