Claim by Michael FitzpatrickTHE CTfY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN ~~
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
DATE: November 5, 2009
RE: Claim Against the City of Dubuque by Michael Fitzpatrick
Claimant Date of Claim Date of Loss Nature of Claim
Michael Fitzpatrick 11/03/09 10/30/09 Property Damage
This is a claim in which claimant alleges that the sidewalk and lawn of his residence at
2585 Wheatland Drive were damaged after a City of Dubuque refuse truck drove over
them.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Paul Schultz, Resource Management Coordinator
Michael Fitzpatrick
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
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA -~~ y
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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: Michael FitrPatrick
2. Address: 2585 Wheatland Dr, Dubuque IA 52002
3. Telephone Number: 563-590-0622
4. Date of Incident: 10-30-2009
5. Time of Incident: 6:00-7:00 am
6. Location of Incident (Be specific): At rental property at 1100 Race St, back corner of
lot by the alley. South East corner of lot.
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.)
This has been an ongoing problem over the past 3 years, the city garbaqe truck drives
across my lawn and sidewalk as it turns into the alley, I have spoke with Dave Sitrman and
Paul Schultr multiple time over the past 3 years. This last Thursday on 10-29-09 the garbaqe
truck cut across again and put huge ruts in the yard (it has been raining a lot recently). As a
result of the truck driving over the sidewalk it broke the handicap feelers in the sidewalk
and cracked the concrete. The concrete has been broken and noted by Dave Sitrman 2
years ago. The concrete is only 4 years old.
8. What were weather conditions like? It was raining
9. Give name and address of any witnesses: Mike FitrPatrick 2585 Wheatland Dr.
Dubuque, IA 52001
10. Did police investigate? (If so, give names of officers.)
No
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
No ~ ~`~,
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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.)
Yes, there are ruts in the yard, and and the concrete is broken.
13. What other damages do you claim, if any? none
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.)
No
15. What amount do you claim from the City of Dubuque?
Full replacement costs.
16. Why do you claim the City of Dubuque is responsible?
It is the city garbage truck, driving across the sidewalk. I also have asked Paul Schultr and
Dave Sitrman to fix the problem before my property is damaaed, and it continues until
today. 1 have documentation from 2 years ago regarding this situation. I explained to them
that a sidewalk is not designed to have an extremely heavy truck drive across it.
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
No
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 30th day of October 2009.
(Signature)
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Michael P. FitrPatrick (Print Name) ~~~ o
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