Claim Respons of Butts FloristsBARRY A. LINDAHL~
COKPORATION COUNSEL
MEMO
To:
Date: "
Re:
Mayor Terrance M. Duggan
and members of the City Council
January 12, 2000
Claim of Butts Florists
Claimant Date of Claim Date of Loss Nature of Claim
Butts Florists 1/3/00 12/22/99 vehicle damage
This is a claim for damages to a Butts Florists truck, which
it sustained when it ran over an "uprooted portion of asphalt,, on
University Avenue where it merges with Hill Street.
Under Iowa law, a city is not the insurer of the condition of
its streets, and is only liable if it is negligent. The City's
duty is to exercise reasonable care to keep its streets free from
defects. Before a city is liable for damage caused by a street
defect, the city must have had actual knowledge or constructive
notice of the defect, with sufficient time to have repaired it
prior to the incident causing damage. Actual knowledge occurs when
the city is actually aware of the defect; constructive notice
occurs when the defect has existed for such a period of time that
a reasonable person would have discovered it.
According to the report of John Klostermann, Street\Sewer
Maintenance Supervisor, the City did not have any actual knowledge
or notice of the defect until the incident giving rise to this
damage claim. Once the notification was received, however, the
City did repair the pavement.
Based upon any prior knowledge or notice of the defect, Mr.
Klostermann recommends that the claim be denied. The Legal
Department concurs with that recommendation.
BAL/cg/Attachment
cc - Mr. Don Vogt
cc - Mr. John Klostermann
cc - Mr. Terry Scb_mitt, Butts Florists
OperaQons & Maintenance
Depaz~tment
925 Kerper Blvd.
Dubuque, Iowa 52001-2338
Phone (319) 589-4250
FAX (319) 589-4252
January 10,2000
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Terry Schmitt on behalf of Butts Florists.
Mr. Schmitt claims tire damage to a truck he was driving on University Avenue at Hill
Street when he hit debris in the street due to deterioration of the pavement.
Our records show that we did not receive any report of the pavement defect until Mr.
Schmitt called and notified us on, December 22nd. Once we received thiS notification,
a crew was dispatched and the repair was made.
Therefore, it is my recommendation to deny this claim due to the lack of any prior
knowledge of this defect.
Sincerely, ,/.
J~hn Klostermann
Street/Sewer Maintenance Supervisor
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