Claim by Clint Duffy_Garrett Waterproffing 5 14 09~.~~-
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ~~~'' ~` "~ ~ ~'y~
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 13t" 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:
2. Address:
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3. Telephone Number ~JIo 3' ~J~J ~ ~ ~ ?1 ~
4. Date of Incident: ~ ~L3'0 °
5. Time of Incident: C ~ • ~D D'~
6. Location of Incident (Be specific):
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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 employee's name.)
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8. What were weather conditions like?
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9. Give name and address of any witnesses:
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10. Did police investigate? (If so, give names of officers.)
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
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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
extent of damage.)
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13. What other damages do you claim, if any?
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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.)
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15. What amount do you claim from the City of Dubuque?
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18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in what amount?
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17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
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16~t8~ Mormtuin Rid~c -- llubuquc, Iowa 520112
May 5, 2009
City Clerk's Office
City Hall
50 West 13~' Street
Dubuque, IA 52001
Claim answers-
#7 - At approximately 7:00 PM on Apri123, 2009, Officer Cox responded to a complaint that a
cement mixer owned by Garrett Waterproofmg was parked unsafely in front of the residence at
2160 N. Grandview. Office Cox asked the homeowner, Jerry Jacobi, if the mixer belonged to him.
Mr. Jacobi replied "No, it belongs to Garrett Waterproofing". He informed the officer that we had
been working on his home that day. Officer Cox then called and left a message on our answering
machine stating that we needed to "get the mixer at 2610 N. Grandview off the street right away or
it will be towed." Mr. Jacobi also called and left two messages around 8:00 PM informing us of
the situation. As our business hours are 9:00 AM to 5:00 PM, we did not know of the situation
occurring until the next morning (Apri124, 2009). Mr. Jacobi will testify that Officer Cox stated
that the cement mixer `was safely parked, but since there was a complaint, he had to do something
about it'
It is our company's protocol that the cement mixer be positioned parallel to the curb and that both
tires be chucked on a downhill slope, as this is the safest way possible to park this mixer. Jerramy
Vasquez, the worker on site, positioned the mixer this way before leaving the job for the day.
Homeowner Jerry Jacobi, myself Clint Duffy, Officer Cox, and the tow truck driver Brian Wenzel
can all testify that the mixer was in fact parked parallel to the curb and that both wheels were
chucked with DOT approved wheel chucks.
It is my opinion that Officer Cox had a lapse in better judgment. He should have seen the cement
mixer was parked in the safest manner possible, and should have responded to the complainant of
this fact. Due to this fact, we should not have had to pay a $20 administration fee, $65 towing fee,
and six hours of valuable time wasted in getting our cement mixer back from being wrongly
impound.