Claim appeal Wardle TimothyBarry A. 1..inclalfl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 5834113 office
(563) 583-1040 fax
balesq@mwci.net
May 12, 2003
Mayor Terrance Duggan and
Members of the City Council
City Hall - City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
RE: Timothy Wardle Claim
Dear Mayor and Council Members:
This is a claim in which the claimant alleges that a City of Dubuque ambulance was
responding to a call in the area of his residence and struck his parked vehicle, knocking
off the mirror and causing damage to the driver's side of the vehicle.
The Legal Department investigated the claim and, based upon the report of Fire Chief
Dan Brown, recommended that the claim be denied. The claim was on the agenda for
the City Council meeting of April 7, 2003 and the City Council approved the
recommendation denying the claim.
We have subsequently been contacted by Mr. Wardle, who has asked to address the
Council with respect to his claim.
I have therefore asked City Clerk Jeanne Schneider to place this item on the agenda for
the City Council meeting of May 19, 2003. Enclosed is a copy of the Legal Department
file on the claim.
Very sincerely,
Barry A. Lindahl, Esq.
Corporation Counsel
BAL:tls
Enclosure
cc: Michael Van Milligen, City Manager
Dan Brown, Fire Chief
CLAIMANT
WARDLE, TIMOTHY
757 Fenelon Place
Dubuque, IA 52001
(563) 557-0997
DATE OF CLAIM 03/17/03
DATE OFLOSS 03/15/03
REFERRED TO PERS
CITY CONTACT Dan Brown, City of Dubuque Fire Chief, to be contacted at
(563) 5894160.
NATURE OF CLAIM:
Claimant alleges that as a City of Dubuque ambulance was
responding to a call in the area of claimant's .residence,. the
ambulance struck claimant's parked vehicle, knocking off the
mirror and causing damage to the ddver's side of the vehicle.
AMOUNT $1,716.88
POLICE REPORT: No.
REFERRED TO LEGAL DEPARTMENT 04/07/03
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@mwci.net
March 11, 2003
Timothy Wardle
757 Fene on Place
Dubuque, IA 52001
RE: Claim Against The City Of Dubuque
Dear Mr. Wardle:
If you wish to file a claim against the City of Dubuque regarding your alleged fall on
Fenelon Place, we would request that you fill out the enclosed claim form and mail it to
the City Clerk's Office at the following address:
Ms. Jeanne Schneider, City Clerk
City Hall - City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
Once the claim has been stamped in by the City Clerk, it will be forwarded to the Legal
Department for investigation. Enclosed is an addressed envelope for your convenience.
Very sincerely,
Tracey Stecklein
Legal Department
Enclosure
cc: Jeanne Schneider, City Clerk
q:oOp
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
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.
5. Time of Incident:
LOCation of Incident (Be specific): ¢~-~;
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
8. What were weathsr conditions like?, tAq~ ~ ~A P~,~¢ sc ~*C.
9. Give name and address of any witnesses: ~ .
10. Did police investigate? (If so, give names of officel;s.)
11. Was anyone init;Fed? (If so,
/
give names, addresses, and extent of injuries).
03/17/2003 at 11:38 AM
~4443
Job Number:
ABRA- DUBUQUE
Federal ID #:420782245
DBA: ANDERSON-WEBER INC
3400 CENTER GROVE DR
DUBUQUE, IA 52003
(563)556-0696 Fax: (563)556-1899
PBELIMINAI~¥ ESTI14~TE
Insured: TIM WARDLE
Owner: TIM WARDLE
Address: 9757 FENELON PLACE
DUBUQUE, IA 52001
Business: (563)557-0997
other: (563)588-5664
Inspect ABRA - DUBUQUE
I~cation: 3400 CENTER GROVE DR
DUBUQUE, IA 52003
Written by:
Adjuster:
Claim #
Policy #
Deductible:
Date of Loss:
Type of Loss:
Point of Impact:
il. Left Front
Business: (563)556-0696
Insurance VICTORIA AUTOMOBILE INSURANCE CO
Company:
1993 PLYM VOYAGER 4X2 4-2.5L-FI 2D VAN WHITE Iht:
VIN: 2P4GH25K6PR125612 Lic: Prod Date:
Intermittent Wipers Rear Wiper
Dual Mirrors Clear Coat Paint
Power Brakes Driver Air Bag
Days to Repair
08/1992 Odometer:
Tinted Glass
Power Steering
Bucket Seats
NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT
1 FENDER
2 Bind LT Fender 0 0.00 0.0 1.2
3 FRONT LAMPS
4** Repl A/M LT Lens & housing Voyager 1 104.00 0.5 0.0
& T&C
5 DOOR
6~ Rpr LT Door shell 0 0.00 4.0 2~2
7 Add for Clear Coat 0 .0.00 0.0 0.9
8* Repl LT Molding Caravan & Voyager 1 30.25 0.3 0.0
9 Repl LT Handle, outside black 1 69.35 0.3 0.0
10'* Repl A/M LT Mirror standard 1 97.00 0.3 0.0
11 SIDE PANEL
12' Rpr LT Side panel w/window 0 0.00 6.0 4.2
standard body
13 Overlap Major Adj. Panel 0 0.00 0.0 -0~4
14 Add for Clear Coat 0 0.00 0.0 0.8
15' Repl LT Molding bright insert 1 122.00 0.3 0.0
standard
16% SOl01 HAZARDOUS WASTE DISPOSAL 1 4.00 T 0.0 0.0
'03/17/2003 at 11:38 AM
Job
Number:
r~443
pRELIMINARY ESTIMATE
1993 PLYM VOYAGER 4X2 4-2.5L-FI 2D VAN WHITE Iht:
NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT
17% Subl TAPE STRIPE 1 18.00 T 0.0 0.0
18# Repl BAG / COVER CAi{ 1 4.00 0.2 0.0
Subtotals ==> 448.60 11.9 8.9
Parts 426.60
Body Labor 11.9 hfs @ $ 45.00/hr 535.50
Paint Labor 8.9 hfs @ $ 45.00/hr 400.50
Paint Supplies 8.9 hrs @ $ 28.00/hr 249.20
Sublet/Misc. 22.00
SUBTOTAL $ 1633.80
Sales Tax $ 1384.60 @ 6.0000% 83.08
GRAND TOTAL $ 1716.88
ADJUSTMENTS:
Deductible 0.00
CUSTOMER PAY $ 0.00
INSURANCE PAY $ 1716.88
WARRANTY VALID ONLY WITH ORIGIONAL COPY OF YOUR RECEIPT PARTS SUBJECT TO
INVOICE NO GUILRANTEE ON RUST ALL PARTS NEW, UNLESS OTHERWISE NOTED
THIS ESTIMATE PLAS BEEN PREPARED BASED ON THE USE OF AFTERNLARKET CRASH PARTS
SUPPLIED BY A SOURCE OTHER THAN THE MA/qUFACTURER OF YOUR MOTOR. VEHICLE. ANY
WA_RB3LNTIES APPLICA~BLE TO THESE REPLACF/4ENT PARTS ARE PROVIDED BY THE
MAi~JFACTURER OR DISTRIBUTOR OF THESE PARTS RATHER THAN THE MAdxrgFACTURER OF YOUR
VEHICLE.
WARRANTY VALID ONLY WITH ORIGIONAL COPY OF RECEIPT. PARTS SUBJECT TO INVOICE.
NO GUARANTEES ON RUST. ALL PARTS NEW, UNLESS OTHERWISE SPECIFIED.
Estimate based on MOTOR CPJ%SH ESTIMATING GUIDE. Unless otherwise noted all items are derived from
the Guide DE3TEgl Database Date 2/2003 and the parts selected are OF/~-parts manufactured by the
vehicles Original Equipment Manufacturer. /Lsterisk {*) or Double Asterisk (**) indicates that the
parts and/or labor information provided by MOTOR may have been modified or may have come from an
alternate data source. Non-Original Equipment Manufacturer aftermarket parts are described as AM
or Qual Rept Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned
parts are described as Recon. Recored parts are described as Recore. N3~GS Part Numbers and Prices
are provided from National Auto Glass Specifications, Inc. Pound sign ($) items indicate manual
entries.
Pathways - A product of CCC Information Services Inc.
2
Barry A, Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@mwcimet
March 18, 2003
Chief Dan Brown
City of Dubuque Fire Department
11 West 9th Street
Dubuque, IA 52001
RE: Claim against the City of Dubuque by Timothy Wardle
Dear Chief Brown:
Enclosed is a claim brought against the City of Dubuque by Timothy Wardle, who claims
that his vehicle was struck by a City of Dubuque Ambulance in front of his residence of
757 Fenelon Place. Also enclosed is an estimate from Anderson-Weber in the amount
of $1,716.88.
Would you please review this claim and foward your report and recommendation to the
Legal Department. Thank you.
Very sincerely,
Tracey Stecklein
Legal Department
Enclosures
Fire Department
11 West 9th Street
Dubuque, Iowa 52001~539
(563) 589-4160 office
(563) 5894209 fax
dbrown@cityofdubuque.org
E. Daniel Brown, Chief
March 24, 2003
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
Dear Barry,
Regarding Mr. Timothy Wardle claim I have attached a copy of the Police report and
their investigation. As their report indicates, they inspected the Fire and ambulance
units that responded to a call in the area of Mr. Wardle's address and found no damage
to Fire Department equipment that would indicate it was one of our vehicles that struck
his car. The Fire Department investigation also indicated no damage and none of the
members responding indicated that they were aware of this incident.
Therefore, I am recommending that we deny the claim. If you have any further
questions please feel free to contact me.
Sincerely,
E. Daniel Brown
Fire Chief
Enclosure
EDB/jl
2 ~q.l)pO 263a0~4Z(j~ '
Time Report, ed: /~.~.,~
Dubuque Police Department
Hit and Run Report
MOTOR v~mCL~.
Ownc~.
Dc~criptlon ofDrlv~. S~., Ra~ Ag~ Height
Facial Hair Glothing
Ye~' Make ,,, Model Style.
Dmnaged Area/Paint Trans lev:
£vidcnce Collected:
D/reckon ofTravei zfler Ac~dent:
Charg~ ~o Im F~led and Codes:
PIC#:
Address
Weight Build Hair
License Plate
Phone#
GlaSses=,
State. Year__
Wzme~ses or Additional lnform~on/Possiblc Injuri~:
OFFENDED MOTOR VEHICLE/PROPERTY DAMAGE
D.O.B.
Lic~ns~ Res.: Phon~ #:
Pro~-rry Damaged:
Cla~: = Stat~
Make ~.y/~ M~lei ~ Style
DUBUQUE POLICE DEPARTMENT
DUBUQUE POLICE DEPT.
SUPPLEMENTARY REPORT
_Initial Report
Offense: 10-57
I(3 3-18
__.Additional Information
Victim:
CASENO: 03-9891
Related Cases:
Page 1 of 1
On March 16, 2003, I did go to Fire Station #4 and #5 and did check the fire vehicles
which had responded to the fire call that occurred at approximately 0440 hours on March
15, 2003 on Cooper Place. Both the engines that I did check 505 and 512 did not have any
damage that would be consistent to the damage reported by the victim. This information
was passed on to Officer Rosenthal for his follow up investigation.
~Prol~[eh Report Filed
DATE: MARCH 16, 2003
Rpt. Off(s): OFFICER SLIGHT
__ Continued on SR
Bdg: 28C
Cttrrent Status Excp
CO App: "~"" ' ~' ....
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-944
(563) 583-4113 office
March 25, 2003
Mr. Timothy Wardle
757 Fenelon Place
Dubuque, IA 52001
RE: Your Claim Against the City of Dubuque
Dear Mr. Wardle:
I am in receipt of the claimform and estimate you submitted regarding the claim you filed
against the City of Dubuque on March 17, 2003, relating to damage to your vehicle.
However, the initial investigations conducted by both the City of Dubuque Police and Fire
Depai~.ents show no damage to the responding Fire units which would indicate one of
these vehicles being responsible for your vehicle's damage.
Enclosed is a draft copy of my report that will' be submitted to the City Council for the Apdl
7, 2003 City Council meeting. Unless I hear further from you, I will be recommending
denial of your claim. If you have additional information that would assist us in continuing to
investigate this claim, please submit it to the Legal Department by Apdl 2, 2003.
Enclosed is a self-addressed envelope for your convenience.
Very Sincerely,
Barry A. Lindahl, Esq.
Corporation Counsel
BAL:tls
Enclosure
DRAFT COPY
BARRY A. LINDAHL, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:Mayor Terrance M. Duggan and
Members of the City Council
DATE:March 25, 2003
RE:Claim Against the City By Timothy Wardle
Claimant Date of Claim Date of Loss Nature of Claim
Timothy Wardle 03/17/03 03/15/03 Vehicle Damage
This is a claim in which claimant alleges that as a City of Dubuque ambulance was
responding to a call in the area of claimant's resident, and possibly struck claimant's
parked vehicle, knocking off the mirror and causing damage to the ddver's side of the
vehicle.
According to the report of Dan Brown, City of Dubuque Fire Chief, a copy of Dubuque
Police Department Hit and Run Report No. 03-9891 was obtained. Police inspected the
Fire and Ambulance units that responded to a call in the area of Mr. Wardle's residence,
and found no damage to Fire Department vehicles tha/would indicate one of. these
vehicles being responsible for stdking claimant's vehicle. Also, the Fire Department
investigation indicated no damage and none of the responding members indicated that
they were aware of this incident.
It is therefore the recommendation of Dan Brown to deny this claim. The Legal
Department concurs with this recommendation.
BAI. Jtls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Dan Brown, Fire Chief
Timothy Wardle
Su~TE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (5~3) 583-4113 / FAX (563) 583-1040 / EM. AIL BALESQ~MWCI.NET
BARRY A. LINDAHL, I-~Q.
CORPORATION COUNSEL~ CITY Of DUBUQUE
MEMO
To:Mayor Terrance M. Duggan and
Members of the City Council
DATE: April 2, 2003
RE:Claim Against the City By Timothy Wardle
Claimant Date of Claim Date of Loss Nature of Claim
Timothy Wardle 03/17/03 03/15/03 Vehicle Damage
This is a claim in which claimant alleges that a City of Dubuque ambulance was
responding to a call in the area of claimant's residence at approximately 4:30 a.m. on
March 15, 2003, and possibly struck claimant's Parked vehicle. Later that afternoon,
claimant noticed the mirror missing and damage to the driver's side of the vehicle.
According to the report of Dan Brown, City of Dubuque Fire Chief, a copy of Dubuque
Police Department Hit and Run Report No. 03-9891 was obtained. Police inspected the
Fire and Ambulance units that responded to a call in the area of Mr. Wardle's residence,
and found no damage to Fire Department vehicles that would indicate one of these
vehicles being responsible for striking claimant's vehicle. Also, the Fire DepaKtrnent
investigation indicated no. damage and none of the responding members indicated that
they were aware of this incident.
It is therefore the recommendation of Dan Brown to deny this claim. The Legal
Department concurs with this recommendation.
BAL/tls
cc:Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Dan Brown, City of Dubuque Fire Chief
Timothy Wardle
SurrE 330, HARBORVIEWPLACE, 300 MAIN STRE~'T DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MV~31.NET