O'Brien, Shane, P Inj. Claim seBarry A. Lindahl, Esq.
Corporation Counsel
Su/te 330, Harbor V~ew Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-~113 office
(563) 583-1040 £ax
balesq@mwci.net
July 14, 2003
Mayor Terrance Duggan and
Members of the City Council
City Hall - City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
RE: Settlement of Shane O'Brien Personal Injury Claim
Dear Mayor and Council Members:
City of Dubuque Police Officer Shane O'Brien was injured on the job on December 14,
2001. Officer O'Brien's leg was broken when the person he was arresting allegedly
assaulted him. Officer O'Brien was on injury leave for 11 workdays and the City was
responsible for paying medical expenses related to the injury. The value of the lost
workdays is $1,625.29 and the City paid $1,093.87 in medical claims.
Officer O'Brien made a claim against the person allegedly responsible for his injuries.
Officer O'Brien's attorney, Steve Juergens, represents Officer O'Brien. Mr. Juergens
has negotiated a settlement in the amount of $3,000.00. Officer O'Brien has agreed to
reimburse the City $1,000.00 for benefits paid to him. In consideration for the $1,000.00
payment to the City, Officer O'Brien is asking the City to waive any further claim against
him for reimbursement for expenses incurred by the City as a result of the injury.
I would recommend acceptance of the settlement of $1,000.00 and would further
request authority to execute the Release on behalf of the City.
Corporation Counsel
BAL:tls
Attachment
CC;
Michael Van Milligen, City Manager
Randy Peck, Personnel Manager
Service People Integrity Respomibtlity Innovation Temnwork
RELEASE
FOR THE SOLE CONSIDERATION OF One Thousand Dollars ($1,000.00),
the receipt and sufficiency whereof is hereby acknowledged THE CITY
OF DUBUQUE, IOWA does hereby release and forever discharge SHANE
K. O'BRIEN, his heirs, executors, administrators, agents and assigns,
and all other persons, firms or corporations liable, or who might be
claimed to be liable, none of whom admit any liability to THE CITY OF
DUBUQUE, IOWA, but all expressly deny any liability, from any and all
claims, demands, damages, actions, causes of action or suits of any kind
or nature whatsoever, particularly on account of all payments made by
THE CITY OF DUBUQUE, IOWA for (a) medical or hospital services or
expense on behalf of SHANE K. O'BRIEN, and (b) worker's compensation
benefits paid to SHANE K. O'BRIEN, up to and including the date of this
Release and relating to injuries received by said SHANE K. O~BRIEN in
an incident which occurred on December 14, 2001 ir~ Dubuque County,
Iowa. Without limiting the generality of the foregoing, this Release is
intended to and does fully release and discharge, said SHANE K.
O'BRIEN from any and all liability relating to the claimed subrogation of
THE CITY OF DUBUQUE, IOWA to the rights or interests of said SHANE
K. O'BRIEN arising out of the aforesaid payments for medical and
hospital expense and worker's compensation benefits of said SHANE K.
O'BRIEN.
THE CiTY OF DUBUQUE, IOWA hereby declares that the terms of this
settlement have been completely read and are fully understood and
voluntarily accepted for the purpose of making a full and final
compromise adjustment and settlement of any and all claims, disputed
or otherwise, on account of the matters above mentioned.
CAUTION! This is a Release, read before signing.
IN WITNESS WHEREOF, this Release has been executed this
of , A.D. 2003.
__ day
THE CITY OF DUBUQUE, IOWA
BY: