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Claim by Mary C. LeGrandTHE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DATE: June 23, 2010 RE: Claim Against the City of Dubuque by Mary C. LeGrand Claimant Date of Claim Date of Loss Nature of Claim Mary C. LeGrand 06/21/10 05/27/10 Vehicle Damage This is a claim in which claimant alleges that her vehicle was struck by rocks from a riding lawn mower that was being driven by a City employee in the ditch in front of Lowes at 4100 Dodge Street. 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 John Klostermann, Street & Sewer Maintenance Supervisor Mary C. LeGrand 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 / Erma_ 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 Attorneys 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. Thor 1. Name of Claimant: / / /(,�(' ( , .Lc 6/'L kw/ / 7 ' 2. Address: 3. Telephone Number: Sea 7 -- 56 3) (03 work! 4. Date of Incident: .. � 5. Time of Incident: % (; 00 /`7 6. Location of Incident (Be specific): ! l3 /) 7'_ o Loo c_ hi h boa y 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 the employee's name.) c� li)q_c-; SfQ ed hr fhe red 11 yh1-- i) _� GIf� m�Io � do 1'11g �g dui- a 4-h e d1'fc u the )0(1) �' onto +hreo it jrckS on& Iir i-wifidolt) Drl e 8. What were weather conditions like? 5 (.1 h 119' of LQ /'' 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) r2c 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) no 67,A3 -.5 ?1- )7VV3 O 12. Was any damage done to property? (If so, describe property and the extent of damages. Attac.,tMatekof, damages or describe basis for ascertaining extent of damage.) L p c 7 4 4L_ T / �1. ' t l.. Ct} N Z . / r�1 O 4'17 0 4-2 a cn m 0 13. What other damages do you claim, if any? /) () 1) (, 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.) fl( 15. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? row J 1 o di'fth dOn p rope r l: ` 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 110 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 , / day of ACE. f •�, -410.1.1 (Signature) gar (Print Name) °. Le_ 6 -ran d 20L 05/28/2010 at 09:36 AM 24443 Insured: MARY LEGRAND Owner: MARY LEGRAND Address: 13166 WEST CLAY DR DUBUQUE, IA 52002 Evening: (563)581 -0743 Business: (563)556 -3163 Inspect ABRA - DUBUQUE Location: 3400 CENTER GROVE DR DUBUQUE, IA 52003 ABRA - DUBUQUE Federal ID #:420782245 DBA: ANDERSON -WEBER INC 3400 CENTER GROVE DR DUBUQUE, IA 52003 (563)556 -0696 Fax: (563)556 -1899 PRELIMINARY ESTIMATE Written By: RICK KELLY Adjuster: Insurance CITY OF DUBUQUE Company: Days to Repair 2007 HYUN SANTA FE 4X4 LIMITED 6- 3.3L -FI 4D UTV SILVER Int:GREY VIN: 5NMSH73E57H052090 Lic: 769HZZ IA Prod Date: 11/2006 Odometer: 15701 Air Conditioning Cruise Control Keyless Entry Body Side Moldings Console /Storage Overhead Console Fog Lamps Rear Spoiler Power Steering Power Brakes Power Locks Power Driver Seat Heated Mirrors AM Radio Stereo CD Player Driver Air Bag Passenger Air Bag Front Side Impact Air Bag 4 Wheel Disc Brakes Stability Control Leather Seats Automatic Transmission 4 Wheel Drive Aluminum /Alloy Wheels Rear Defogger Telescopic Wheel Alarm Dual Mirrors NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 FRONT DOOR 2* Rpr RT Outer panel 3 Add for Clear Coat 4* R &I RT Body side mldg 5 R &I RT Belt w'strip 6 R &I RT Mirror assy w/o heated glass black 1 0 0 0 0 0 Job Number: Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: 2. Right Front Pil Business: (563)556 -0696 Tilt Wheel Intermittent Wipers Steering Wheel Controls Privacy Glass Luggage /Roof Rack Clear Coat Paint Power Windows Power Mirrors FM Radio Anti -Lock Brakes (4) Head /Curtain Air Bags Traction Control Heated Seats Overdrive 0.00 0.00 0.00 0.00 0.00 1.0 0.0 0.4 0.3 0.4 2.2 0.9 0.0 0.0 0.0 05'28'/2010 at 09:36 AM Job Number: 24443 PRELIMINARY ESTIMATE 2007 HYUN SANTA FE 4X4 LIMITED 6- 3.3L -FI 4D UTV SILVER Int:GREY Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ARR1061, CCC Data Date 05/03/2010, and the parts selected are OEM -parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE /Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships. Asterisk ( *) 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. Tilde sign ( -) items indicate MOTOR Not - Included Labor operations. Non- Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign ( #) items indicate manual entries. Some 2010 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The Pathways estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. CCC Pathways - A product of CCC Information Services Inc. 3