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Claim Response Nauman, GaryCORPORATION COU 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 Gary Nauman Claimant Date of Claim Date of Loss Nature of Claim Gary Nauman 07/15/03 07/03/03 Vehicle Damage This is a claim in which the claimant alleges that while his vehicle was parked in the employee parking lot at the Keyline Bus Barn, the hood of his vehicle was scratched by Greyhound patrons. According to the report of Mark Munson, Transit Manager, this incident was witnessed by a Greyhound driver. According to the driver, a passenger placed his luggage on the hood of Mr. Nauman's car and pulled it off when the bus arrived, damaging the paint finish. Although the damage occurred to Mr. Nauman's vehicle while it was parked at KeyLine, it is the recommendation of Mark Munson to deny this claim and refer Mr. Nauman to the Greyhound Corporate Office for their consideration of his claim. The Legal Department concurs with this recommendation. BAL:tls CC: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Mark Munson, Transit Manager Gary Nauman SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org 09/30/2003 TUE 23:08 FAX 5635894342 Keyline Transit 001/001 SePtember 30, 2003 TO: Barry Lindahl, Corporation Counsel Mark Munson, Transit Manager ~' Subjeot: Gary Nauman claim for damage- Gary Nauman, a Transit Operator at KeyLine, has submitted a claim fo~' damage with the City for damage done to his car while it was parked at KeyLine. According to the Greyhound driver who witnessed the incident, a Greyhound .passenger placed his luggage on .the hood of Mr. Nauman's car and pulled it off when the bus arrived, in the course of pulling the luggage across the hood of the car, the paint finish was damaged. I originally recommended payment of Mr. Nauman's claim based upon my recollection of a prior incident involving another driver. Upon further investigation. however, ! determined I was in error when I thought that the City paid a claim when another driver's car was damaged by contractors working on the KeyLine facility. In that instance the contractor's insurance paid the claim. Although the damage occurred while Mn Nauman's car was parked at KeyLine, the person who damaged the paint finish should be responsible for the loss.. Unfortunately we have no record of who the individual was or where they live. In lieu thereof, I am recommending that the City of Dubuque not pay for the damage and am referring Mr. Nauman to the Greyhound corporate office for their consideration of his claim.