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Claim Response McNally, ValerieBARRY A. LINDAHL~ EISQ. CORPORATION COUNSE~L, CITY Of DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: August 29, 2003 RE: Claim Against the City By Valerie A. McNally Claimant Date of Claim Date of Loss Nature of Claim Valerie A. McNally 08/21/03 07/14/03 Vehicle Damage This is a claim in which claimant alleges that a vehicle driven by a City of Dubuque Engineering employee backed into claimant's vehicle while attempting to give a cement truck, which was turning dght onto 25m Street fi-om Central Avenue, more mom to make its turn. As a result, claimant's driver's side mirror and door trim panel were damaged. According to the report of Mike Koch, Public Works Director, after having discussions with the involved City employee, it is his determination that the City is responsible for the claimant's damages. It is therefore the recommendation of Mike Koch to approve this claim. The Legal Department concurs with this recommendation and recommends that the claimant be reimbursed for the amount of the lower estimate of $328.76. BAL:tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Mike Koch, Public Works Director Valerie A. McNally SUITE 330, HARBORVIEW PLACE, 300 MA~N STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MV~I.NET CITY OF, DUBUQUE, IOWA MEMORANDUM August 28, 2003 TO: FROM: SUBJECT: Barry Lindahl, Corporation Counsel Michael A. Koch, Public Works Director~ ~,~ Claim Against the City of Dubuque by Valede A. McNally Based on a review of the facts and discussions with the involved City employee, the employee did back up to provide sufficient clearance for a cement truck trying to negotiate a right turn onto 25th Street from Central Avenue. During this course of action, he did hit the parked car behind him. It is, therefore, my recommendation that the City is responsible for the claimant's damages. MAW~d