Claim by Paula Nicholson 5 1 09THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN y~/~
PARALEGAL 'J~~
To: Mayor Roy D. Buol and
Members of the City Council
DATE:
RE:
Claimant
May 6, 2009
Claim Against the City of Dubuque by Paula Nicholson
Date of Claim
Paula Nicholson
05/01 /09
Date of Loss
05/01 /09
Nature of Claim
Vehicle Damage
This is a claim in which the claimant alleges that as a City of Dubuque worker was
mowing grass near the Dubuque Family Restaurant, a rock was thrown from the mower
and broke claimant's sliding passenger door window of her Sienna van.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor,
Public Works records indicate that the damage to the Nicholson vehicle did occur as
stated in the claim.
It is therefore the recommendation of John Klostermann to approve the claim for $375.84
as filed. The City Attorney's Office concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
John Klostermann, Street & Sewer Maintenance Supervisor
Paula Nicholson
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
THE CITY OF ( ~~
DuB E
Masterpiece on the Mississippi
May 6, 2009
Barry Lindahl
Corporation Council
50 West 131h Street
Dubuque, IA 52004-4864
Dear Barry:
Dubuque Public Works Department
925 Kerper Court
~' Dubuque, Iowa 52001-2405
'' ~' Office (563) 589-4250
FAX (563) 589-4252
TTY (563) 589-4193
2007 publicworks@cityofdubuque.org
www.cityofdubuque.org
This letter will respond to the claim filed by Paula Nicholson on May 1, 2009.
Our records show that damage to the Nicholson vehicle did occurred as stated in the
claim. It is therefore my recommendation to pay the claim of $375.84 as filed.
If you need any additional information, please contact me,
' cerely,
~~~
hn Klostermann
Street/Sewer Maintenance Supervisor
Service People Integrity Responsitrility Innovation Teamwork
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
This written report constitutes your claim against the City of Dubuque, Iowa. You
should complete this form in full and attach any additional information that
supports your claim.
The claim must be filed with the City Clerk at City Hall, 50 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney's Office. Once that investigation is
completed, a report and recommendation will be submitted to the City Council.
You will be provided with a copy of that report and recommendation.
The final decision on all claims is made by the City Council. No employee of the
City of Dubuque has the authority to make any representation to you as to
whether your claim will or will not be paid.
1. Name of Claimant: l~ ~~ c_
2. Address: ~ ~~
3. Telephone Number
4. Date of Incident:
~ e ~ -~' ~~ ~~ ~
s - /' - ~ ~:
~ ,, ,
C ~yl ~l_. I S
5. Time of Incident: '~~ ~ ~ ~~-- 1'Yl
6. Locatip~ of Incidert (Be s~pec~ ic)S / ~ ~~~
f~ c~ ~G ; o
7. Describe the accident or occurrence that caused injury or damage. (Give full
details upon which you base your claim. If a City employee was involved, give
the mployee's na e.) /
c ~ ~ n C, ^'~ c~ cc.s
~~~c S d ° ~~ ---~ i .S~ ~ ~ ~ GAS L , i h
8. xVhat were~weather conditions like?
(~ / ~ ~ ~.
r~~;
~~ ~
,~ ~- c~S S
r -C ~ l 1
9. G-~ name a~ d c~r ~s of any witnesses:
s
10. Did police investigate? (If so, give names of officers.)
~ e~..S
~ 9 - ~~
11. Was, ~yone injured? (If so, give names, addresses, and extent of injuries).
13. What other damages do you claim, if any?
f n~
14. Have you been compensated for any part or all of your claim by any
insurance company? (If so, give name and address of insurance company and
amount paid.)
~ ~
15. What amount do yo i from the City of Du uque?
b ,
16. Wh do you claim the City of Dubuque is responsible?
r~ ~ 6 c C i e..X
v ~ ~-
17. Have you made any claim against anyone else for damages as a result of
this incident? ~If yes, give name and address.)
~- ~ '~1
~~ ~~:~
18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in hat mount?
Dated this ~ day of /~ ~- ~ 2~~• ~? ~
T 1 ~~ ~
i -~ --<
r~
(Signature) ~._? ~ - ~
~a r,j -~ Y17
~ ~ S~~ ~~ G ;-i1
(Print Name) ~ «~
12. Was any damage done to property? (If so, describe property and the extent
of damages. Attach estimates of damages or describe basis for ascertaining
cxtcn+ of rlamana 1
FILING A CLAIM AGAINST THE CITY OF DUBUQUE
When Should I File a Claim?
If you have sustained an injury or damage for which you believe the City or one of its employees
is responsible, you may file a claim against the City.
How Do I Request a Claim Form?
In order to obtain a claim form, please contact or visit one of the following City offices:
City Clerk's Office City Attornev's Office
City Hall Harbor View Place, Ste. 330
50 W. 13th St. 300 Main St.
Dubuque, IA 52001 Dubuque, IA 52001
563.589.4120 563.583.4113
Can 1 Send in Additional Information with the Claim Form?
Yes. It is recommended that you send in as much information as possible with your claim form
in order to expedite the investigation of the claim. This includes, but is not limited to, estimates,
receipts, medical bills, pictures and any other information you feel may be relevant to your
claim. It is also recommended that you send in copies of these items and keep the originals for
your records.
What Happens After I File My Claim?
Once a claim has been received and file-stamped by the City Clerk, it is forwarded to the City
Attorney's Office for investigation. Claims involving personal injury or substantial property
damage will be forwarded to the City's claims agency for investigation. You will receive a letter
from the City Attorney's Office indicating that your claim has been forwarded to the claims
agency. This letter will also contain the claims agency's contact information.
A claims adjuster will then contact you regarding your claim. At that point, any questions
regarding your claim should be addressed to the claims adjuster. All other claims will be
forwarded to the appropriate City department for investigation. After speaking with employees
and consulting department records, the department manager /supervisor will make a
recommendation as to whether the claim should be approved or denied.
Based on that information, the City Attorney will then make a recommendation to the City
Council as to whether the claim should be approved or denied. If the City Attorney recommends
that the claim be denied, you will receive a copy of the department manager /supervisor's
report along with the City Attorney's report to the City Council.
If the City Attorney recommends that the claim be approved, you will receive the City Attorney's
report to the City Council as well as a release form to be signed and returned to the City
Attorney's Office. These are only recommendations. It is important to note that the final decision
on all claims is made by the City Council.
No employee of the City has the authority to make any representation to you as to whether your
claim will or will not be paid. If the City Council approves the claim for payment at its City
Council meeting, a check will be mailed to you provided the City Attorney's Office has received
your signed release form.
What if My Claim is Denied by the City Council?
The City Council makes its determination at City Council meetings, which are held the first and
third Monday of each month. We recommend writing a letter to the City Council indicating why
your claim should not be denied and any additional information that you have to support your
claim.
It is not necessary to appeal the City Attorney's recommendation for denial of your claim before
the City Council makes its determination, however, you may do so. You are invited to attend the
City Council meeting when your claim will be decided; however, your attendance is not
mandatory and you still have the right to appeal the City Council's decision any time after it has
been made.
If your claim or appeal is denied, you have the option of filing a lawsuit in a court of appropriate
jurisdiction.
How Long Do I Have to Wait Before My Claim is Resolved?
The length of time it takes to investigate and resolve a claim depends largely on the nature of
the claim and the amount of damages involved. Some claims may take a few weeks to resolve,
while others may take longer. If you wish to check on the status of your claim or if you have any
questions or concerns about the process, contact the City Attorney's Office at 563.583.4113.
How Long Do I Have to File a Claim?
You may file a claim at any time. However, if your claim is denied by the City Council and you
wish to file a lawsuit, you should be aware that state law may limit the time in which to file a
lawsuit.
Abra Auto Glass
3400 Center Grove Dr.
Dubuque, IA 52003
(563) 556-0696 /Fax (563) 556-1899
Fed. ID# 42078224
PAULA NICHOLSON
(608) 747-8430
J
Inv. # Quote #001391 Date 05/01/2009
cost. # 7484309 Billcode WI
P.O. # Sold By
Fed. Tax # Inst'1 By
Year 1999 Make TOYOTA Policy #
Model SIENNA Body
Style VAN `~athor-
ized By
Lic. # V.LN. Claim # Loss Date 05/01/2009
Home
Phone
(608) 747-8430 Bus.
Phone
O - Damage/
Cause
Qty. Part Description Block Size List Price Total
1 FD20275YPYN Side (lhl)(Left)(slr contr)(pnt bpd) 21.4x41.5 368.05 331.25 331.25
1 LABOR Labor 2.00 hours 20.00 20.00
sP>r-clal, INSTaucrloNS Subt
t
l 331
25
o
a .
L
b 20
00
a
or .
All material sold on this invoice is euazanteed to be as specified, and is not safety Blazed material unless so mazked. TaX 24
$9
It is sold with the understandine that this material will not be Blazed in a "hazardous location" as defined by the .
Consumer Product Safety Commission. All merchandise returned for credit, refund or exchanee must be in resaleable TOtal 37$.84
condition, authorized for return, accompanied by this receipt, and may be subject to restocking fee. No returns will be
authorized for special orders or cut flat glass.
Balance 375.84
RECEIVED BY The Blass listed has been replaced /repaired with like kind and quality to my entire satisfaction,
and I authorize my Insurance Company to pay Abra Auto Glass
directly for the glass and installation chazges, or repairs.