Claim by Schwan's Home ServiceMasterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: February 11, 2010
RE: Claim Against the City of Dubuque by Schwan's Home Service, Inc.
Claimant Date of Claim Date of Loss Nature of Claim
Schwan's Home 02/03/10 01/07/10 Vehicle Damage
Service, Inc.
This is a claim in which claimant alleges that a City of Dubuque snowplow endloader
slid into and damaged claimant's vehicle which was parked near 1682 Cathy Drive.
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
John Klostermann, Street & Sewer Maintenance Supervisor
Schwan's Home Service, Inc.
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
... ..r.. ...w..ti.......anrli+ian.. 1.1i..', 1 1 l'\. !PI n 1 ' 1111 i; , , , s
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. 13 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: C mat n i S le S x f v I rc .
2. Address: i ft; L U (o �r , k S { 1Cf (( M ki 3t2€)'
3. Telephone Number: 0 1 ? 1 a'ia (C ( +,y1 S handler ler - �tac 5ussner)
4. Date of Incident: .,J(to(ii a ( L) '1, ( ) 1 G
5. Time of Incident: 0U ()An
6. Location of Incident (Be specific): 1 d Ca-hh 1 , lJi( L'JU�f U 6 t�a-'
U
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.)
Lk VC � i S 1)0 t I r;i ski 1 L {-e n c' Cl . Gf,c f e
-h uc k . I-k, s -u -fec( hE hit lee, and h i+ ou r
8. What were weather conditions like? OA VA (Ylow i j
None_
9. Give name and address of any witnesses:
10. Did police investigate? (If so, give names of officers.)
Ni One,
- _
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
NI 6N,
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.)
(46 NCO 11/1 0{, cy , otna \c
13. What other damages do you claim, if any? ND0e - Lk( IC_ £i.6vtUE. coo I(
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.)
1\\o- uk)L cue, I -c- insured
15. What amount do you claim from the City of Dubuque? lf
16. Why do you claim the City of Dubuque is responsible?
C of 04 Nei 6(A) ha open { at Ve.r ceett'd resoDn (oi Li .
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 orl day of J ou.,t(i , 201 .
tuee:
3th( S5
-e
(Rev. 1/00 & 7/01)
(Signature)
(Print Name)
`dl `enbngnq
9O410 s O '4!O
IS: I Wd C-83.101.
a3Ai8O J
January 18, 2010
City of Dubuque Public Works
Attention: John Klostermann
EMAIL: ikloster(ti)cityofdubuque.org
RE: Our Claim #: 175623
Date of Loss: January 7, 2010
Dear Mr. Klostermann:
I am contacting you regarding the vehicle accident that occurred on January 7, 2010,
involving one of our Schwan's Ilome Service, Inc., trucks and one of your city snow
plows operated by Brian DeFrier. Our truck was parked and unattended when your snow
plow slid into it. Please be advised by virtue of our subrogation rights we expect payment
for the damages upon receipt of this correspondence.
Enclosed you will find a photo of the damage and the invoice for repairs to our vehicle as
a result of this accident. Please issue payment in the amount of $1,989.81. The check
should be made payable to Schwan's Ilome Service, Inc., and be sure to reference my
claim # 175623 on the check. Mail the check to the following location:
Schwan's Shared Scrviccs, I.LC
Attn: Stacy Sussner, Paralegal
115 West College Drive
Marshall, MN 56258
Thank you for your attention and cooperation in this matter. If you have any questions,
please call me at 507 -537 -8292.
Sincerely,
Stacy Sussncr
Claims Paralegal
Schwan's Shared Services, LLC
The SCNINAN
FOOD COMPANY
SCHWAN'S SHARED SERVICES. LLC
To enrich the quality of lives through being the best frozen food company on the face of the earth.
115 WEST COLLEGE DRIVE • MARSHALL. MINNESOTA 56258
www.theschwanfoodcompany.com
Feb 20 09 05:05a
SHOP:
ADDRESS:
CITY STATE:
ZIP:
EMAIL:
OWNER:
SCHWANS
POINT OF IMPACT: 0
LIC#:
BODY COLOR:
CONDITION:
*= USER - ENTERED VALUE
EC- REPLACE ECONOMY
UM= REMAN /REBUIL'I' PRT
OE =REPLACE PXN OE SRPLS
TE -PARTL REPL PRICE
I REPAIR
TT =TWO -TONE
N =ADDITIONAL LABOR
AA=-APPEAR ALLOWANCE
2003 GMC 5500 SER 4F900129 N06508
CODE: T999Z5/A OPTNS A/24
OPTIONS:
TWO -STAGE - EXTERIOR SURFACES
OP GDE MC DESCRIPTION
I
L
L
RI
RI
RI
RI
RI
RI
RI
RI
TEGELER BODY & FRAME, WRECKER, CRANE
302 5TH STREET NW BOX 216 DYERSVILLE, IA 52040
(563) 875 -8135
FAX: (563) 875 -8570
CD LOG NO 2421 -1
TEGELER BODY FRAME WRECKER
302 5 TH ST NW
PO BOX 216
DYERSVILLE, TA
52040 -
TEGELERBODY@ICWATELECOM. NET
HOOD R SIDE
IN_ IDE AND,puT.
HOOD OUTSIDE
HOOD INSIDE
TURN LIGHT RIGHT
TURN LIGHT LEFT
MIRROR HOOD
GRILL HOOD RIGHT
GRILL HOOD LEFT
LATCH RIGA!'
LATCH LEFT
GRILL FRONT
STATE:
E= REPLACE OEM
UE=REPLACE OE SURPLUS
RU= REPLACE SALVAGE
PC =PXN RECONDITTONED
ET =PARTL REPL LABOR
L= REFINISH
CG =CHTPGUARD
RI =R &I ASSEMBLY
RP= RELATED PRIOR
MFG. PART NO.
SUBLET REPAIR
REFINTSH
REFINISH
R &1 ASSEMBLY
R &T ASSEMBLY
R &I ASSEMBLY
R &I ASSEMBLY
R &I ASSEMBLY
R &1 ASSEMBLY
R &I ASSEMBLY
R &I ASSEMBLY
DATE 01/14/10
1NSP DATE:
PHONE I:
FAX:
VIN:
MILEAGE:
ACCTNG CTL # :
01/14/10
(563)875 -8135
(563)875 -8570
NG REPLACE NAGS
UC = =RECONDITIONED PRT
EP= REPLACE PXN
PM-PXN REMAN /REBUILT
IT =PARTIAT, REPAIR
BR= B].END REFINISH
SB=SUBLET
P =CHECK
UP- UNRELATED PRTOR
r75
TWO -STAGE - TNTERIOR SURFACES
PRICE AJ% B% HOURS R
60.00*
*
p.1
1 - 00'' 3
12.0 *1*
4.7 *4*
1.8 *4*
0.3*1*
0.3 *1*
0.3 *1*
0.2 *1*
0.2 *1*
0.1 *1*
0.1 *1*
0.6 *1*
PAGE 1
01/14/10
Feb 20 09 05:05a
2003 GMi 5500 SER 4F900129
CD 'LOG tIO 2421 -1
RI
RI
RI
N
E
E
P
19 ITEMS
HOOD
HEAD LIGHT RIGHT
HEAD LIGHT LEFT
ATM LAMPS
BEEZFL RIGHT
DECAL RIGHT
GMC C 5500
DECAL. LEFT
GMC C 5500
FRT ON NEW PARTS
FINAL CALCULATIONS & ENTRIES
GROSS PARTS
OTHER PARTS
PAINT MATERIAL
PARTS & MATERIAL TOTAL
TAX ON PARTS @
LABOR
1 -SHEET METAL
2 MECH /ELEC
3 -FRAME
4- REFINISH
5 -PAINT MATERIAL
LABOR TOTAL
TAX ON LABOR
SUBLET REPAIRS
TAX ON SUBLET
TOWING
STORAGE
GROSS TOTAL
NET TOTAL
SHOPLINK
PXN: NO
HOST LOG
(C) 1998
UN213 ES CD LOG 2421 -1
GEOCODE
N06508
R &I ASSEMBLY
R &I ASSEMBLY
R &1 ASSEMBLY
ADUNL LABOR OPERA
NEW PART
NEW PART
NEW PART
CHECK
- 2008 AUDATEX NORTH AMERTCA, INC.
RAPE REPLACE HRS REPAIR HRS
62.00 3.9
62.00
70.00
62.00 6.5
38.00
8
8
86.39*
25.30*
25.30*
12.00*
7.000*
12.5 1,016.80
7.000%
7.000%
p.2
136.99
12.00
247.00
395.99
10.43
403.00
1,419.80
99.39
60.00
4.20
1,989.81
1,989.81
DATE 01/14/10 02:23:08PM R6.37 CD 12/09
PAGE ..
01/14/10
4t I -157,0a3