Claim Response Ott, PatriciaBARRY A. LINDAHL, ESQ. I"'"
CORPORATION COUNSEL, {CITY Of DUBUQUE
MEMO
TO:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
August11,2003
RE:
Claim Against the City By Patdcia Ott
Claimant
Date of Claim
Date of Loss.
Nature of Claim
Patricia Off 07/28/03 07/26/03
Vehicle Damage
This is a claim in which claimant alleges that while her vehicle was parked in the Flora
Park parking lot, several large tree limbs fell on the hood of her vehicle, damaging the
hood.
John Hail, Park Division Manager, obtained the Dubuque Police Incident Report
completed by Park Ranger Robert Papenthien, relating to this claim. In his report, Mr.
Papenthien stated that the weather the day of this incident was cloudy, dry and very windy,
with gusts up to 25 miles per hour. Mr. Papenthien also reported that the limbs that fell
from the tree had rot on them. Claimant also stated that the limbs were rotted. In addition,
Mr. Hail spoke with Flora Park maintenance worker Art Hedley, who was unaware of the
branch being in poor condition.
Because the Leisure Services Department had no prior knowledge of a hazard before this
incident and the fact that both Park Ranger Papenthien and Patdcia Ott acknowledged
that it was windy at the time of the incident, it is Mr. Hall's recommendation to deny this
claim. The Legal Department concurs with this recommendation.
BAL:tls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Hail, Park Division Manager
Patricia Ott
SUITE 330, HARBOR VIEW PLACE, 300 MAiN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MVVCI.NET
Leisure Services Department
2200 Bunke~ Hill Road
Dubuque, Iowa 52001-3010
(563) 589-4263 off~ce
(563) 589d~391 fax
(563) 58%4193 TDD
August 6, 2003
Mr. Barry A. Lindahl
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
RE: Claim of Lyle and Patricia Ott
Dear Barry:
Lyle and Patricia Ott's vehicle was parked in the Flora Park area off of
Pennsylvania Avenue. While the car was parked, a limb fell out of the tree
according to Park Ranger, Robert Papenthien, The limb was around 8 feet in
length and 2 inches in diameter. The weather was windy - around 20 to 25
m.p.h. (see enclosed incident report)
Patdcia Ott states that there were several limbs; the limbs were rotted.
Park Ranger Papenthien also said there was rot on the limb.
I sPoke with our maintenance worker at Flora Park, Art Hedley. Art was
not aware of the branch being in poor condition.
The fact that we were not aware of a hazard before the accident and the
fact that both Ott's and Papenthien acknowledged that it was windy at the time of
the incident, are factors relieving the City of responsibility. I recommend' that this
claim be denied.
Sincerely, ,/; . /~
Park Division Manager
JJH.'jlr
encJosure