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Claim Response Liddle, GregBARRY A. LiNDAHL, ES . CORPORATION COUNSEL DUBUQUE MEMO TO: Mayor Terrance M. Duggan and Members of the City Council DATE: July 3, 2003 RE: Claim Against the City By Gregg Liddle Claimant Date of Claim Date of Loss Nature of Claim Gregg Liddle 06/09/03 03/08/03 Vehicle Damage This is a claim in which claimant alleges that as he was pulling into a parking stall in the City Hall parking lot near 12th Street, he struck the pole holding a "reserved" sign, damaging his vehicle. Claimant states that the pole is too short and could not be seen as he pulled forward. According to the report of Tim Horsfield, Parking Systems Supervisor, Mr. Horsfield went to the parking lot to view the area where this incident occurred. The poles referenced in Mr. Liddle's claim measure 36" in height, and according to Mr. Horsfield, are easily visible when entedng the parking spaces. The distance between rows including the parking area and ddve lane is approximately 54', which he reports is more than ample area for entering any of the parking lanes. It is therefore the recommendation of Tim Horsfield to deny this claim. The Legal Department concurs with this recommendation. BAL:tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Tim Horsfleld, Parking Systems Supervisor Gregg Liddle SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET MEMORANDUM July 1, 2003 To: From: Subject: Barry A. ~_indahl, Esq. CorporatiOn Counsel Tim Horsfleid ,~ Parking System Supervis r(]Lg.,/ Gregg Liddle Damage Claim This memo is in response to your memo dated June 17, 2003 regarding the Gregg Liddle damage claim. The claim filed indicated that Mr. Liddle had struck a shortened pole in one of the City's parking lots. However, the initial information provided was vague. Thus, I contacted Mr. Liddle today and he provided the following information. Initially, I spoke with Mr. Liddle's wife at their residence, she then directed me to call Gregg at work, which I did. In the initial report, the location of the incident was given as simply a city parking lot with the damage occurring on March 8, 2003 at 8:30 A.M. It should be noted that the initial this claim was not filed until June 6, 2003. The claim indicated that the pole that he struck was too short and could not be seen as he pulled forward. VVhen I attempted to contact Mr. Liddle today, I reached his wife. She indicated that she was with Gregg when this happened and could provide the information needed. Mrs. Liddle indicated that this happened in the parking lot next to City Hall. She was however unable to provide specific information and asked that I contact Gregg at his place of employment. I then contacted Gregg and he indicated that this all happened in the same lot that his friend Randy's vehicle damage occun'ed. VVhen I asked him to describe the lot, he told me that this lot was right next to City Hall and that this happened in the area closer to Breezy's than City Hall. Gregg indicated they were at Farmer's Market when this occurred. This afternoon, I went to the area and took some photos which I have attached copies for your review. I measured the height of the poles that do not have parking meters on them, but the ones with the "reserved" sign on top. They all measure 36 inches in height. July 1, 2003 Gregg Liddle Page II The distance between rows including the parking area and drive lane is approximately 54'. This is more than ample for entedng and exiting any of the parking lanes.. Mr. Liddle referenced his friend's claim, which was a claim filed by Randy Schmerbach. Mr. Schmerbach's damage occurred in a completely different parking lot and the damage was to the rear of his vehicle. There is a substantial difference considering whether one backs into something or ddves forward into an object. In the claim filed, Gregg indicates the damage was to the front of his vehicle. In the phone conversation he made it a point to indicate that his fog lights were broken out, with the total estimate of damage to be a first estimate of $466.51 and a revised estimate of $680.63. Having the chance to go to the parking lot, view the area, take measurements and having further conversations with Mr. and Mrs. Liddle it would be my recommendation that this claim be denied. These signs are at such a height to be easily visible when entedng the parking spaces. If you have any further questions or need further information, please contact me at your convenience.