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Claim by State Farm Insurance_PizzimentiTHE CITY OF DUI1 t LJE MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL 4 To: Mayor Roy D. Buol and Members of the City Council DATE: March 30, 2010 RE: Claim Against the City of Dubuque by State Farm Insurance, subrogating for Marco Pizzimenti Claimant Date of Claim Date of Loss Nature of Claim State Farm Insurance 03/12/10 01/23/10 Personal Injury/ Vehicle Damage This is a claim in which claimant alleges that its insured's vehicle was involved in an accident at the intersection of Central Avenue and 5 Street. At the time of this accident, the stop lights were non - functioning and a portable stop sign was temporarily being used on 5 Street, but was obscured from view due to a parked vehicle. 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 Mark Dalsing, Chief of Police State Farm Insurance 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 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 West 13` St., Dubuque, IA 52001. It will then be referred to the appropriate department for investigation and to the City Attorney's Office. 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: �et. e fares h sur4n C d 2. Address: Po Igo x 1 3J0‘ L:`n g.o /.7 , -/l/E (50/ 3. Telephone Number: ++ / S - 94 , ‘ .Z- 4. Date of Incident: I O3 —/Q 5. Time of Incident: 7 ( V7 4z/ 6. Location of Incident (Be specific): C e ri Y a / v C g 7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base your claim. If a City employee was involved, give e employee's name.) 5 e . 1° ol,�"et chi -e give po. a 8. What were weather conditions like? /1 a k rr i, / 9. Give name and address of any witnesses: 5 e-e- rki 10. Did police investigate? (If so, give names of officers.) e 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) ye- � , / lf ► c.e r 546N e r / Ao iIlc j�✓ur ?t Lrr!i kP "Ailed/ 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.) 5b; Chev Ue n d-u r e clod l l'py o)'q /?A. if F n 41 oa m.41e 4 mbai.✓►.t 13. What other damages do you claim, if any? 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.) 'Vq 15. What amount do you claim from the City of Dubuque? /ob Po V etli 16. Why do you claim the City of Dubuque is responsible? 5 / dP 5 I (f 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 this Jo)" day of Mar c/1 ,It& (Signature) R D n X./ e ; (Print Name) SJ'a e_ Farms ,20 Imo` 35o 5 LIARS 5103 L 0 C A T O N N T 001 MAIL REPORTS TO: Owe a of e Dr S r i Transportation Office a Driver Services /p P.O. Box 92 04 Moines, , I owa 50300.9204 Data of Accident 0112312010 Time of Accident 09:47 Firs. If accident occurred outside of city limits 0iOw penal vicinity "NIA" of nearest city "WA" On Road, Street, ix Highway, CENTRAL AVE Nat Unless accident occurred a1 en intersection which Is completely described above, use the space below to give the exact location from a milepost or definable intersection, bridge, r railroad crossing, using Iwo distances and directions if necessary. Distance "N/A" Oiedbn "WA" Distance end "WA" Direction "WA" of Milepost Nicobar Womble YYerssctbrt bridge, or railroad crossing "NIA" Or "NIA" e•s■a11111er Drivers Name - Last RIVARO Address 8 4 6 ELM AVE City WINDSOR State ON 210 N9A6H-3 Sues ON Class bbasem RestRestrictions la G INONE NONE Tat Results: THE RESA Dug Test Given? 1 - Nora Tel Results: Seating Posilbn01 I Y4uy Stet= 5 I Ocapw8 Prat.Gim2 'Airbag Deployment 5 I Airbag bath SAWS 3 Ejection 1 Election Path 1 I Trapped 1 'Transported lo: I I Ttn>t�b by Owners Name • Lest PIZZIMENTI I MARCO I ANTHONY Address 6 JENSEN CT nwee E FARM Name V01 No. Yew 1060X030210220241 I 2001 title! Travel l Vehicle Direction 4 Action 01 L 1 26 Iowa Department of Transportation INVESTIGATING OFFICERS REPORT OF MOTOR VEHICLE ACCIDENT County Dubuque - 31 Accident occurred within corporate (mils slab) Dubuque - 2100 Al intersection wet 5TH ST MWdlis MARIE Citation Charge Cadet 321.322 Citation Chwgs Code 2 Citation Charlie Coda 3 Citation Charge Cod 4 Citation Charge 1 STOP SIGN VIOLATION Citation Charge 2 Cit Ctlrge 3 Carrion Charge 4 6ulrw IO CITY I I S A tate f2246 2145341D11150 Mdse Chevrolet • CHEV ModN VEN Most Dam Urdenide! va OMde 1 Extort of Point of b111el Area hnp.d 02 �ed 02 I Damage 4 Total Traffic VahVehicle 03 1 X I Defect 01 I Ddvw Vision Vehicle Doagrss 3 Carob 04 Can11a Type 01 Condition 1 ( Obscured 07 Carrier Nwns US DOTI or MC IA Number of Ands Dross Vehicle Weight Rating I Retard 8 Cevr Eryacement Casa Number 01 -10 -3256 Lego Finale lreerventOMO Property? Location Literal Description W 5TH ST and CENTRAL AVE XCoordinela 00891968 YCoardnete: 04707629 5 IM MO Highway. Provide Routs (Canaria) Travel Otwlbn "WA" SLOP Horne/Cell Phone (5191 251.1505 X Chimer Company Name License Plate A Slate Year 41SJJA I IA I 2010 Tow e YES Private? ❑ Commercial Traier ASac ad License Plata 5 Poser Unit Stele Year ARaUad lo Trailer Link Stele Year I Emergency Vehicle Type 1 Apprwdmre Cost to Repair or Replace 84,000.00 Contributing tUrc msances, Oriver(up to two) 02 SEQUENCE OF EVENTS I First Event 21 Second Event Third Evert Farah Evert Map Hrmkt Event (by velicte) 21 Emergency Status 3 City Stste Dv tazardts Materiels Released? V N 002 Drivers Name - Last KENNEDY First NICOLE Midis AMBER Sullbr HanelCa6 Phone (910) 3(11 -7474 x Address 2905 JACKSON ST City DUBUQUE State IA Lp 62001.0000 Sled IA Case C Test Results: Vet No. I Year JTEHH2OVIICO2$223 2001 dorsem Restrictions NONE NONE Drag GYRO Give TIP 1 - None Ted Rams. Sealing Position 01 Hurt Status 4 Occupant ProleclIon2 Traapoasd a Mime 2905 JACKSON 5T Insurance Co. Name UNITED SERVICES AUTO o M US DOTC I Number a Axles Citation Charge Cale 1 CtMrm Charge Cod 2 Citation Charge Cod 3 Citation Charge Code 4 Citation Charge 1 Citation 2 Citation Charge 3 Clutron Charge 4 Airbag Deployment Airbag Switch Status 3 Eledion 1 I flotilla' flotilla' Path 1 Transported by °wises Name - Last KENNEDY ANT HONY I GI ED ON I I Owner Company Name city DUBUQUE I I A s 1 62001 Insurance Porky e 01872 7617U Make Toyota • TOYT Model RAV4 151ate 4005 Mal l Travel 1 Vehicle Speed Paint a M ost Damaged Extent d Underrate' Direction 3 Action 01 roped 25 I tares tnknow 0, Area 01 I Damage 4 Override 1 Taal Traffic Vehicle I Cargo Body I Vehicle 1 Draw Ono/pants 2 Controls 01 U so Con lip. 04 Type 01 Defect 01 Condition 1 SEQUENCE OF EVENTS I First Event 21 Second Event Third Event Fourth Event Most Hermk4 Event (by vehicle) 21 Commercial Troika Attached b License Plate a Pow Unit Sate Year Attached to Trailer LMT State Year I Emergency Vehicle Type 1 Carrier Name City State 2"0 Gross Vehicle Weight Rettig VWert Obsaxed 01 I Placard U. keno Plate 761SLC Tow YES Private? ❑ Trapped 1 Sure 1 Yew IA 2010 Approximate Cod to Repair or Replace 51,00010 Contnbutirg atarncss Driver (up two) 26 Hazardous Materiels Released? Emergency Stec 3 Printed At Dubuque Ponce Department 011241201011:13 AM Page 1 Forma: 01.10.268 ACCIDENT ENVIRONMENT Location ol Fke1 Harmful Event 1 Weather Cenadons Manner of CredYCo/sion S Ito to taro) 03 UV Conditions 1 Suisse Conditions 2 ROADYJAYCHARACTERISTICS Mates Cofltbulhg Cira+mstances: Environment 1 Rosoway 08 Type of Roadway AaxyionfFesere 11 WORKZONERELATED/ No Location Type Workers Present? SEQUENCE OF EVENTS Fist Harmful Event cf Cram (use codes 1142 only) 21 5TH ST jV1 2 LEGALLYIARKED VENICIE CENTRAL AVE ,' 1 NARRATIVE Owns what happened (rata to vehicles by munber) UNIT #2 WAS SIB ON CENTRAL AVE AT THE INTERSECTION WITH 5TH ST. UNIT #1 WAS WB ON 5TH ST AT THE INTERSECTION WITH CENTRAL AVE. DRIVER OF UNIT #1 DID NOT SEE THE STOP SIGN AND ENTERED THE INTERSECTION WITHOUT STOPPING AND STRUCK UNIT #2 BROADSIDE. THIS INTERSECTION IS NORMALLY A 4 -WAY STOP CONTROLED BY STOP LIGHTS IN ALL DIRECTIONS, THE STOP LIGHTS WERE NON- FUNCTIONING AT THIS TIME DUE TO BEING REPLACED. BECAUSE OF THESE CIRCUMSTANCES, THERE WERE PORTABLE STOP SIGNS IN PLACE FOR E/B AND WB TRAFFIC ON 5TH ST BUT NO TRAFFIC CONTROL DEVICES FOR SIB TRAFFIC ON CENTRAL AVE. DRIVER OF UNIT #1 STATED THAT SHE DID NOT SEE THE STOP SIGN DUE TO A TRUCK BEING PARKED IN FRONT OF IT AND BLOCKING IT FROM HER VIEW. R/0 DID OBSERVE THIS AND DETERMINED THAT THE TRUCK WAS LEGALLY PARKED BUT DID OBSCURE THE STOP SIGN FROM VIEW OF WB TRAFFIC. THE STOP SIGN WAS ALSO PROPERLY PLACED FACING WB TRAFFIC AND WAS SITTING AGAINST THE CURB LINE. IT APPEARS THAT THE STOP SIGN BEING OBSCURED WAS MAINLY DUE TO THE SIZE OF THE TRUCK (FULL SIZE TOYOTA TUNDRA) AND THE HEIGTH OF THE STOP SIGN. WlesaName - last Fist WM. 8uYu SANNER JOHN Address Ciy 5Iate Zip Cede 3814 CORA DUBUQUE IA 62001 Horne/Cell Phone 11 Work Phone • (563) 543 x Officer Badge No. Time Maw Notified of Accident Time Weer Arrived AI Scans HOERNER JASON 51 08;47 Hre 09:50 We. Name of Agency Otte of Report knahgetion T.I.1 Dubuque Pollee a Dope 0112312010 mode et sane? Yee Report Reviewed By: � s1/ l C # O l ipar Deter ToarIk Investigation Agency Printed At Dubuque Police Department 01124/201011:13 AM Page 2 Form it 01-10-3256 State Farm Insurance Companies March 10, 2010 City Of Dubuque -City Clerk City Hall 50 West 13th St Dubuque, IA 52001 RE: Claim Number: 15- 3504 -580 Date of Loss: January 23, 2010 Our Insured: Marco Pizzimenti Dear City Clerk /Claims: Enclosed is a claim form against the city of Dubuque and a corresponding police report. A temporary stop sign was placed at the intersection of Central Avenue and 5th Street, however the sign was not visible due to a legally parked truck. The city failed to put the sign where it was visible in the intersection or block off the parking spot the truck occupied so the sign could be seen. At this point, we do not know the extent of the claims but will advise you when we have this information. Please look into this matter and advise me on your position of liability. Thank you for your cooperation in this matter. Sincerely, �-d ► l Ron Klein Claim Representative (515) 223 -9162 Toll Free: 1- 800 - 658 -3731 Ext: 2239162 State Farm Mutual Automobile Insurance Company HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 State Farm Insurance PO Box 83106 Lincoln, NE 68501 -3106 Phone: (800) 658 -3731 Fax: (800) 423 0474