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