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Claim Response, Mattoon, DeanBARRY A. LINDAHL, EI .~ CORPORATION COUNSEl, CITY OF DUBUQUE MEMO To: DATE: RE: Claimant Dean Mattoon Mayor Terrance M. Duggan and Members of the City Council November 20, 2002 Claim Against the City By Dean Mattoon Date of Claim Date of Loss 11/06/02 10/31/02 Nature of Claim Vehicle Damage This is a claim in which claimant states that while he was driving in front of 755 Chestnut Street, a piece of rebar sticking out of the street popped the front tire of his van. According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, records indicate that the City of Dubuque Operations/Maintenance Department was first notified on November 6, 2002, of the piece of rod sticking out of the curb. A crew was dispatched and the rod was removed that day. Because there was no prior knowledge of this defect, it is the recommendation of John Klostermann to deny this claim. The Legal Department concurs with this recommendation. BAL/tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street/Sewer Maintenance Supervisor Dean Mattoon SUITE 330, HARBORVIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET Operations and Maintenance Department 925 Kerper Boulevard Dab~que, Iowa 52001-2338 (563) 5894250 office (563) 5894252 fax (563) 5894193 TDD ops&main~cityofdubuque.org November 15, 2002 Barry Lindahl Corporation Council 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Mr. Dean Mattoon on'November 6, 2002. Mr. Mattoon claims to have cut his tire on a piece of rebar located next to the curb at 755 Chestnut on October 31, 2002. Our records show that our first notice of the piece of rod sticking out of the curb was on November 6, 2002. A crew was dispatched and the rod was removed that day. Since we had no prior notice of this defect, it is my recommendation to deny the claim. If you need any additional information concerning this claim, please contact me. S.i~cerely, Street/Sewer Maintenance Supervisor