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Claim Response Lang, ChristopheApr.90. 2003 5:14PM BARRY A LINDAHL, ESQ No,0714 P. 2/4 BARRY A. LINDAHL~ EeC_ CORPORATION COUNSEL, CITY MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: April 30, 2003 Claim Against the City By Christopher Lang Ctalman~ Date of Claim Date of Lose Nature of Clair~ Christopher Lang 04/18/03 04/13/03 Vehicle Damage This is a claim in which claimant alleges that as he was traveling north on Muscatine Street, his vehicle was struck by a City of Dubuque poi[ce squad driven by Officer Tupper. Claimant states that Officer Tupper did not yield the right-of-way. According to the repor~ of Kim Wadding, Chief of Police, Officer Jeff Tupper was driving a marked patrol unit eastbound on Putnam. As he entered the uncontn311ed interseciion of Muscatine, Officer Tupper failed to yield to the vehicle on his right, owned by Christopher Lang. As a result, he struck Mr. Lang'$ vehicle, causing light damage to both vehicles. Mr. Lang is making a claim for the amount of a hubcap and a wheel alignment. It is therefore the recommendaa~on of Chief Wadding to approve this claim in the amount of $96.46. The Legal Department concurs with this recommendation. Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Klm Wadding, Chief of Pcii~e Christopher Lang SUITE 330, HARBOR V~EW Pt.~CE, 300 MA~N S3REE~ DUBUQUe, lA 52001 TELEPHONE (563) 583-4113 / FAX (563) 583'1040 / EMAIL BALESCa~MWCI.NET Apr.30. 2003 5:14PM BARRY A LINDAHL, ES@ No.071& P. 3/4 DATE: April 29, 2003 TO: FROM: Bar~ Lindahl Legal Department Klm B, Wadding Police Chief RE: Claim against the City of Dubuque by Christopher Lan9 INTRODUCTION The purpose of this memorandum is to repty to the claim file against the City of Dubuque by Christopher Lange concerning a motor vehicle accident occurring on April 24, 2003 at approximately 5:00 P.M. BACKGROU ND On April 24, 2003 at approximately 5:00 P.M. Officer Jeff Tupper was driving a marked patrol unit eastbound on Putnam. As he entered the uncontrolled intersection of Muscatine, Officer Tupper failed to yield to the vehicle on his right belonging to Christopher Lang of 19304 Mud Lake Road. As a consequence, Officer TuppeCs vehicle struck Mr. Lang's 1985 Ford truck causing light damage to both vehicles, the right front of Officer Tupper's vehicle and the left front of Mr. Lang's vehicle. DISCUSSION An investigation of the accident was conducted by Officer Ted Krapfl and reviewed by Lieutenant Bob Pdne of the Dubuque Police Department. As a result, Officer Tupper received a citation for failing to yield the right of way at an uncontrolled intersection (City Ordinance: 32-211). RECOMMENDATION Based upon these circumstances, I recommend payment of the damage to Mr. Lang. In reviewing the submitted estimates by Mr. Lang, I recommend payment in the amount of $96.46 (wheel-alignment - Tire Plus $69,57) (hub cap - Mike Finnin Ford, Inc $26.89). ACTION REQUESTED To issue payment to Christopher Lang in the amount of $96.46. Attached along with the accident report is a memorandum from Officer Tupper e×plaining his actions- Apr,30. 2003 5:14Pt~ BARRY A LINDAHL, ES@ No,O71& P, &/4 April 14, 2003 TO: Chief of Police, Klm B. Wadding FR: Officer Jeff Tupper 21A Sir: On April 13, 2003, at approximately 1700 hours I.was involved in an accident at the intersection of Putnam and Muscafine. I was operating Ca' 1801 and was traveling eastbound on Putnam, and the second un[t, a 1985 Ford truc~, was traveling northbound on Muscatine. Both Vehicles atten'tpted to stop bdt were unable to avoid the collision. Damage to 1801 was to the right fi'ont and hood area. There also appears to be some damage to the left front fender as a result of the impact. When the driver's side door is opened, it catches metal to the fender. ~- . As a result of the acadant, I wes cited for Failure to Yield the Right of Way at an Uncontrolled Intersection. Respectfully submitted, mb Officer JeffTupper 21A