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