Claim Response Ellis, AmyBARRY A. LINDAHL, SQ.
CORPORATION C OUNS~OF
DUBUQUE
MEMO
To:
DATE:
RE:
Mayor Terrance M. Duggan and
Members of the City Council
October 1, 2003
Claim Against the City of Dubuque by Amy Ellis
Claimant
Date of Claim
Date of Loss
Nature of Claim
Amy Ellis 09/15/03 09/09/03
Vehicle Damage
This is a claim in which the claimant alleges that as she was ddving and attempting a
three-point turn in front of 3565 Seville Drive, the tire on her automobile struck a rod
sticking out of the concrete, which punctured the tire.
According to the report of John Klostermann, StreetJSewer Maintenance Supervisor,
records indicate that Operations & Maintenance first knowledge of this defect is when Ms.
Ellis called to report the incident.
It is therefore the recommendation of John Klostermann to deny this claim due to lack of
pdor knowledge. The Legal Department concurs with this recommendation.
BAL:tls
cc:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, StreetJSewer Maintenance Supervisor
Amy Ellis
SurrE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (553)583-4113/FAX (563)583-1040/EMAIL BALESQ~MVVCI.NET
Operations and IvLaintenance Department
925 Kerper Boulevard
Dubuque, Iowa 5200/-2338
(563) 589~250 office
(563) 589~252 fax
(563) 5894193 TDD
ops&main~cityofdubuque.or g
September 29, 2003
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Ms. Amy Ellis.
Ms. Ellis states in her claim that she damaged her tire on a metal rod after driving over
the curbing on Seville Drive. During my investigation of the claim, I did see the metal
rod that caused the tire damage. However, I am unclear if the damage to the water
intake was done by Ms. Ellis while driving over the curb or if it was done prior to this
incident.
Our records show that our first knowledge of this defect is when Ms. Ellis called to
report the incident. It is therefore my recommendation to deny the claim due to lack of
prior knowledge.
If you need any additional information concemingthiS cl.aim, please contact me.
Sincerely,~/.~. ~
~°~rene~KlCeStwee rmll~l~nte nan ce Su pe rvisor