Claim Response, Kafer, SteveBARRY A. LINDAHL, ESq.'
CORPORATION COUNSEL,/CITY OF DUBUQUE
MEMO
To:
DATE:
RE:
Claimant
Steve Kafar
Mayor Terrance M. Duggan and
Members of the City Council
November 22, 2002
Claim Against the City By Steve Kafer
Date of Claim Date of Loss
11/14/02 10/29/02
Nature of Claim
Vehicle Damage
This is a claim in which claimant states that as his son was driving to 2418 Windsor
Avenue, he drove past the desired location, attempted to back up and in doing so,
backed into a storm sewer drain, damaging the vehicle and flattening the tire.'
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, Mr.
Klostermann inspected the water intake located at 2420 Windsor Avenue after receiving
notice of said incident. Although he noticed some minor damage, there were no
construction defects associated with this intake. It is the opinion of Mr. Klostermann that
the damage which occurred to the Kafer vehicle was due to driver error and not a
construction defect.
Therefore, it is the recommendation of John Klostermann to deny this claim. 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
Steve Kafer
SUITE 330, HARBORVIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET
Opeza~ions and Maintenance Delpartment
925 Kerper Borflevard
Dubuque, Iowa 52001-2338
(563) 589~250 office
(563) 589-4252 fax
(563) 589-4193 TDD
ops&main/~cityofdubuque.org
November 21, 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. Steve Kafar.
I inspected the water intake located at 2420 Windsor Avenue after receiving notice of
this incident. During that inspection, I found no construction defects associated with this
intake. I did notice some minor damage to the intake, but I am unsure if the damage is
from this or a previous incident. This repair, along with the addition of a concrete apron
to the flow line, has been completed.
The water intake is a standard, four-lid intake with the opening flush with the face of the
curb, similar to other intakes throughout the city. The water flow line into the intake was
greater than normal due to the asphalt overlay, however I would not consider this a
construction defect because it is not in the driving area.
It is my opinion that the damage occurred to the Kafer vehicle was due to driver error
and not a construction defect. It is therefore my recommendation to deny this claim.
If you need any additional information concerning this claim, please contact me.
Street/Sewer Maintenance Supervisor
Service People Integrity Responsibility InnovaQon Teamwork