Claim Response for Lois WubbenBARRY .,A_.. LINDAHL,
CORPORATION COUNSEL
MEMO
To:
Date:
Re:
Mayor Terrance M. Duggan
and members of the City Council
· January 12, 2000
Claim of Loi~ M. Wubben
Claimant
Lois M. Wubben
Date of Claim Date of Loss Nature of Claim
12/22/99 10/27/99 tire damage
This is a claim for damages to the claimant's tire, which it
sustained when it struck a slab of cement hanging over the curb on
East 6th Street.
According to the report of John Klostermann, Street/Sewer
Maintenance Supervisor, although the City had no actual knowledge
of this defect prior to the incident giving rise to the claim,
because there appears to have been curb ramp work done in the area
of the defect, the City most likely had constructive notice of the
defect when the raa%p was constructed.
Mr. Klostermann recommends payment of the claim. It is there-
fore the recommendation of .the Legal Department that this ~aimf~, in
the amount of $61.80, be paid by the Finance Director an~m~ed
to ICAP for reimbursement.
BAL/cg/At tacb_ment
cc - Mr. Don Vogt
cc - Mr. John Klostermann ca
cc - Ms. Lois M. Wubben
196 CYC A R E Pl.& z A D U~ 0 ciUK I el',,4 ~ 52(}01
T~h~. 319 S 8~- 4 I I 3 i. x .< 319 5 g ],- I 040
Operations & Maintenance
Department
925 Kerper Blvd.
Dubuque, Iowa 52001-2338
Phone (319) 589-4250
FAX (319) 589-425'z
January 7,2000
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Ms. Lois Wubben on December 17, 1999.
Ms. Wubben claims that she sustained tire damage when she struck a slab of concrete
that was hanging over the curb on the south side of E 6th Street between the alley
approach and Central Avenue.
I have inspected the site and it appears that the defect is with the abutting property
owner's sidewalk. The walk extends out over the top of the curb into the gutter area. I
also noticed that a curb ramp was installed and sidewalk repairs were made at the alley
approach just to the east of this area. Although I don't believe that I received any notice
of this defect prior to this claim, I feel that this defect may have existed prior to the time
when a curb ramp was installed at the alley. If this were the case the City would have
had some notice of this defect when the ramp was constructed.
Therefore, it is my recommendation to pay the claim as filed by Ms. Wubben.
Since rel~/~ ,
J h~n Klostermann
Street/Sewer Maintenance Supervisor
Service People Integrity Responsibility Innovation Teamwork
Barry A. Lindahl, Esquire
Corporation Counsel
700 Locust Street - 1.96 CyCare Plaza
Dubuque, Iowa 52001-6824
(319) 583-4113
(319) 583-1040 FAX
E-mail: baIesq~mwci.net
UBUQ'UE
December 8, 1999
Ms. Lois M. Wubben
5580 Sun Valley Drive
Dubuque, Iowa 52002
RE: Claim against .the City of Dubuque
Dear Ms. Wubben:
Your letter dated December 6th has been referred to the City
of Dubuque Legal Department for investigation. If you wish to file
a claim against the City of Dubuque in connection with the damage
to your vehicle, we would request that you complete the enclosed
claim form and mail it to the City Clerk'-s Office. I have enclosed
a stamped, addressed envelope' for YOur convenience. I have
attached your letter and the attachments to the claim form, as I
think they will ~e helpful in clarifying your claim.
Once the claim has been stamped in by the City Clerk, it will
be forwarded to the Legal Department for processing.
Sincerely,
Carol A. Gulick
Legal Department
Enclosures
cc - Ms. Mary Davis, City Clerk
cc - Mr. Don Vogt, Operations & Maintenance Manager
Service People Integrity Responsibility Innovation Teamwork