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Claim Kruger, CarolCLAIM 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 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. 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: Carol Krueger 2. Address: 964 Rockefeller Lane, Madison, WI 53704 3. Telephone Number: 608 245 1555 4. Date of Incident: Sat., December 28, 2002 5. Time of Incident: Approx. 8:30 P.M. 6. Location of Incident (Be specific): Parking Lot @ Diamond Jo Casino 7. DESCRIBE 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.) See Attached Letter of Explanation 8. What were weather conditions like? Nice evening 9. Give name and address of any witnesses: None 10. Did police investigate? (If so, give names of officers.) Security Officers at Diamond Jo Casino 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Yes - me - See photo & letter of explanation 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.) 13. What other damages do you claim, if any? 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 you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this day of , 20 . (Signature) (Print Name) (Rev. 1/00 & 7/01) 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 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. 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: 3. Telephone Number: 4. Date of Incident: 5. Time of Incident: 6. Location of lncident (Be specific): Pga/~ ~'~? Z~ff P D~am~no ~I~ C',~_</,w 7. DESCRIBE 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.) . 8. What were weather conditions like? #lee 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). ]NJIYRY REPORT FOR: Carol Krueger 964 Rockefeller Lane Madison WI 53704 TODAY'S DATE: January t7, 2003 INJURY HAPPENED AT: Diamond Jo Casino - Parking Lot, Dubuque, Iowa DATE OF INJURY: Saturday, December 28, 2002 TIME OF INJURY: Approximately 8:30 p.m. REPORTED TO: Accident report made out by Eric, Security Guard, Diamond Jo Casino On late Saturday morning, December 28, 2002, I left home in Madison, Wisconsin and stopped to shop in Dodgeville and Platteville, Wisconsin. Then I headed for Dubuque, Iowa and gambled at the Greyhound Dog Park. I stayed there until approximately 4:30 p.m. and then drove to the Diamond Jo Casino. I arrived at the Diamond Jo Casino shortly thereafter and parked my car. I drove into the parking lot via the new hotel driveway and drove down to the casino's parking lot. I parked my car and got out. As is customary with me, I always stop and turn around and check out some landmarks, so when I come out of wherever I am, I can easily find my ear. (Everything looks different depending which direction you're facing.) That day was no different, and since the parking lot lights were on, it was an easy decision. First of all, I purposely parked by one of the lampposts in the parking tot halfway down the aisle Fd chosen. I noticed one light was off in the set of two lights, and when I turned around to decide on my landmarks, I saw that two of the lights in the first lamppost were lit and the next one only one light was burned out. I thought it would be very easy to find my car when I came out. I proceeded to walk into the casino and enjoy myself gambling. When I left the casino, it was around 8:30 p.m. It was pitch dark outside and needless to say, the parking lot was dark. I walked out the first door closest to the hotel. I stepped outside and looked around. I saw an aisle of parking where the first lamppost had two lights lit and the middle one had one light lit, so I headed there. Once I got closer to the second lamppost, I couldn't see my car. My first thought, of course, was that it had been stolen because I was, by that time, standing by the second lamppost. I couldn't figure out where it was, because I was certain my landmarks had been correct. Then, I thought perhaps I was wrong and had parked in the row across from the lamppost. So, I proceeded to check and walked between two cars in the dark. Since it was Saturday night, there were a lot of cars parked there. All of a sudden, I realized my head was going to hit the ground. Injury Report for Carol Krueger Page 2 January 17, 2003 It was like slow motion, as my face and the cobblestones made contact. I laid there for a minute and the only thought in my mind was, "Am I going to be able to get up?" I looked around and all I could see was black cobblestones. (Last week, my cousin and I drove to Dubuque to check out the parking lot, and I couldn't believe the cobblestones where I fell were red. I guess it shows how dark it was, becanse the cobblestones were definitely not red when my face hit the ground.) I tried to get up and found I could stand up fine. Then I touched my mouth and felt' blood, so I reached in my purse for a tissue and held it up to my mouth. I knew I needed help because I couldn't find my ear, which in this instance, was a ve13r good thing, because otherwise, I would have driven home and no accident report would have been filed. At any rote, I m-entered the casino and walked to the desk where there were two women stationed. They were both very concerned, and I asked them if they would call security because I couldn't find my car and I had fallen. I told them I thought I could use some help in fmding my Car. One of the women told me to sit down on the sofa next to the desk, and I did. I must have looked pretty shaken up, especially since there was blood spots on my tissue and my face was banged up. So they called security and. as far as I'm concerned, an "angel" named Eric appeared. He was so compassionate and caring and tried his best to help me. He asked me what had happened and I told him. He told the second security guard to get a towel and wet it. When the guard returned with the towel, Eric then directed the guard to go out and find my car from my landmark directions. Eric then put on plastic gloves and gently blotted my mouth with the towel. He then took out an alcohol rub t~om his first-aid box and wiped offmy mouth and upper tip where the bleeding was. He warned me it would sting. He wouldn't let me leave and told me I had to sit there for awhile and asked about any other injuries. I showed him my knee which by this time had swelled up quite a bit. My mouth was my biggest concern because two of my teeth felt really strange and numb, and I was bleeding there. Eventually, he said I could leave. I got up, and he followed me into the parking lot where the second security guard was standing at the front of the row where my car was parked. It seemed that I had gone in one door and out the other without knowing it. Since both rows had a beginning lamppost with two lights lit and the middle lamppost had one light out, I fell before I discovered I was in the wrong parking lot. Later, I had to wonder what the odds were that two aisles of parking would have the identical scenario with two lampposts lit the same way. Eric then asked me to sign a release saying I refused medical treatment at the hospital. I didn't read the form. After his compassionate care, I trusted him completely. All I wanted to do was go home. They both waited until I pulled out of the parking lot and left. Injury Report for Carol IG-aeger Page 3 January 17, 2003 Once on the road, I called my daughter on my cell phone and told her what had happened. She talked to me until I was out of Dubuque and on the highway and felt more comfortable driving. My knee was in a lot of pain on the way home every time I had to put my foot on the brake because it was my right knee that was injured. I made it back to Madison okay. The only real pain I felt was my knee. Now, over two weeks later, my knee is still swollen a little, and if touched in the right spot, feels like tiny needles are being stuck into it. I have not, as yet, sought medical attention although I have talked to my doctor's nurse, and she said if it's mobile and I can walk and bend it, it should eventually be all right. She said if it continues to hurt, I should come in and get it checked out. At this point, I am seriously thinking of going to my doctor for an evaluation, because it does not seem it's healing as it should. The following Monday morning (12-30-02), I called my dentist and went in to see him that day. He took x-rays of my teeth and checked all of them to make sure they were all right. The second tooth next to my top right front tooth is the problem one. He said he looked at my x-rays with a magnifying glass and the roots of my teeth are fine. He said there is some kind of bone that connects somehow with another bone, and he thinks I might have fractured it. The edges of these two teeth were very rough, and he had to grind them down. Also, he said he needs to bond the one tooth somewhat because I chipped a piece off of it. The bill for these services was $60, which I paid them. A copy of this billing is enclosed. On January 23, I have to go back to get the bonding done. The cost for this procedure will be $110. A copy of this estimate is also enclosed. Obviously, I would like to reimbursed by the City of Dubuque for these payments in a timely manner. A few days later, I happened to notice my right shoulder in the mirror, and I saw a big bruise on it. A pictures is enclosed of my face the night of the injury. I landed on my right knee first, then hit my right shoulder, then my chin: my mouth and tooth and my right temple area~ At the present time, I know my tooth is not completely healed, and I hope my dentist was correct in his assessment of it. I have no pain with my tooth, but when I touch it or push up on it a little, it feels strange, and I know it's not back to normal. My knee is still extremely painful at times, and the problem is it seems to be a little worse. IfI sit with my leg out straight, it doesn't hurt at all. I can bend it just fine, until I try to sit on the floor, and then it hurts bad. I can kneel on it only in certain positions. There is some pain sensation when I walk up and down steps, probably because my jeans' fabric pulls ag,lngt the sore spot. Certain positions in bed are also uncomfortable. The braise on my chin is gone, except there's a little hard bump inside that's still tender. My shoulder is fine. The braise on my right cheek has faded to a light red -- it's hardly Injury Report for Carol Krueger Page 4 January 17, 2003 noticeable because my hair covers it. The bruise above my mouth is light red and very visible. I am submitting this claim to you because your parking lot is so dark, and I believe you should be responsible for my injuries. I was very lucky not to have been injured worse than what I was. Another person might not be so lucky. I have never fallen or lost my balance in my life. I had a physical at the beginning of December which proved I am very healthy. My bones are excellent, otherwise I could have really broken something. I do not drink anything other than water and milk and rarely even drink a can of soda. No coffee, tea, no caffeine or chocolate, no alcoholic beverages whatsoever--unless you want to count the one grasshopper a year I may drink. I also do not smoke. I am a totally independent woman and come and go where and when I please. It does not bother me to spend a day by myself in town, out of town or state. I enjoy myself alone or with my friends and family. My fall in your parking lot was horribly humiliating and bumbling, despite the excellent care I received from Eric and the other security guard. It has certainly made me assess whether I want to go out of state, or anywhere else for that matter, alone at night. However; my family and friends tell me it could have happened to anyone at any age. Thus, I have to readjust my thinking and believe them. My confidence has been shaken badly, and it will take me awhile to get it all back. I am certain I would not have fallen if your parking lot had more lights. Old time lampposts with lights covered with shaded crystal do not make for bright lighting conditions for guests in unfamiliar areas at night, plus the tampposts are so sporadically placed in your parking lot. It has to he dark if the red cobblestones look black at night. I have no idea what I tripped over. I just know I was extremely lucky that the wrong person hadn't been in that area at that time. The magnitude of things that could have happened, but didn't, is mind-boggling. On December 30, 2002, I contacted Frank, the Security Despatch Supervisor at the casino, and he told me I had to contact the City of Dubuque regarding my claim because the parking lot belongs to the city. I called 563/5894100 and requested a claim. When the process was explained to me, I asked the name of the city's attorney. I was given Barry Lindahl's number, and I contacted him directly. We spoke on the phone, and he promised to send me a copy of the injury report from the casino. I have received a letter from Tmcey Stecktein, Legal Department, City of Dubuque, who followed through with this request, but who, as of January 2, 2003, has not received a report from the Diamond Jo. Her letter notes she will send me a copy when she receives it. On January 14, I contacted Frank at the Diamond Jo Casino. He said the injury report was at the casino's legal department. I asked for a number to call to get a copy of the report, but I have not received a call back from Frank with this information. Injury Report for Carol Krueger Page 5 January 17, 2003 I am grateful for the kindness shown to me at the time of my injury and later, both by the casino and the city personnel. You go along living your life day by day until something like this zooms in on you and makes you realize how vulnerable you are. This happened to me, and I am thankful for the people who have shown they care by being very nice and friendly. Carol Kmeger 964 Rockefeller Lane Madison, WI 53704 608/245-1555 Copies of this injury report will be sent to: Ms. Jeanne Schneider, City Clerk City Halt -- City Clerk's Office 50 West 13t~ Street Dubuque IA 52001 Barry Lindahl, Attorney 300 Main Street - Suite 330 Dubuque IA 52001 Diamond ~o Casino Legal Department 3rd Street Ice Harbor Dubuque IA 52001 enclosures: Photo taken night of injury Claim Against the City of Dubuque, Iowa Letter from Tracey Stecklein, Legal Department Billing from Complete Family Dentistry for $60 Estimate for bonding for $110 Complete Family Dentistry Of Madison, LLC 4925 Monona Drive Monona, WI 53716 608-222-3403 SCHEDULED TREATMENT PREPARED FOR -tome Phone: Date: I ~.' ~) '~)2~ 3ATE/TIME ORDER ¥OOTH PROCEDURE $$$$$$$ EST.FEE *EST/MATED FEES WILL REMAIN UNCHANGED FOR 6 MONTHS