Claim of Camille Blackbourn for Vehicle DamageTHE CITY OF
DUB
Masterpiece on the ississippi
BARRY LIN
CITY ATTOR IE
To:
DATE:
RE:
Ma . r Roy D. Buol and
Members of the City Council
October 28, 2010
MEMORANDUM
Claim of Camille Blackbourn for Vehicle Damage
This is a claim for damage to the claimant's automobile which she alleges was struck by
a City of Dubuque minibus while the car was parked in front of Manor Care on West 3rd
Street. The estimates submitted with the claim are for $740.64 and $822.01.
Former Transit Manager Jon Rodocker observed the damage to the vehicle, which is
shown on the attached photographs. He saw some paint transfer on the vehicle but
was unable to observe any other damage. An offer was made to settle the claim for
$150.00.
The attorney for the claimant rejected that offer and proposed a settlement in the
amount of $2,000.00, claiming that there was additional damage to the vehicle
suspension. Following their investigation, PERS representatives rejected claimant's
offer of $2,000.00 to settle because of an issue as to the amount of damages.
A request was made of the claimant's attorney to provide any further evidence of
damage but no such evidence was provided.
The dispute over the amount of damages involved is an appropriate one for Small
Claims Court.
agree with the recommendation of PERS to deny the claim.
BAL:tls
Attachment
cc: Michael C. Van Milligen, City Manager
John Mullarkey, Public Entity Risk Services
Bradley T. Boffeli, Esq.
F:\ USERS\ tsteckle \Claims\2009\Blackbourn Camille\ MayorCouncil _CityCouncilReferral_102810.doc
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 / EMAIL balesq @cityofdubuque.org
THE CITY OF
DUB
Masterpiece on the Mississippi
TO: Barry A. Lindahl, City Attorney
FROM: Jeanne F. Schneider, City Clerk
SUBJECT: City Council Referral
MEMORANDUM
October 20, 2010
The City Council referred the following item to the City Attorney at their meeting of October 18,
2010:
Camille Blackbourn Claim
Communication from Bradley T. Boffeli, Blair & Fitzsimmons, P.C., requesting that the
claim of Camille Blackbourn for vehicle damage be reviewed.
Suggested Disposition: Receive and File; Refer to City Attorney
If you have any questions, please contact me.
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 representatio you as to w t.
ether your claim will or will not � b ` e paid.
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1. Name of Claimant: ,, Kt ( 1 - t a� -�� �f, v
2. Address: D 3 C(1/ +e/ ✓ D 0 I ) ,
3. Telephone Number: 5 3 .6. /1 (p ad --
4. Date of Incident: (a /03 / ) 7 )
5. Time of Incident: a f ��� / 0 ,c / Yy) /j t � /]�,
6. Location of Incident (Be specific): J4 0✓t,1 G) Vt PLC bC'/ 2 / .-
q I O 5/ e-t 11 —o- ,_.. S ez-7 -
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.)
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8. What were weather conditions like?
9. Give name and address of any witnesses:
10. Did police investigate? (If so, give names of officers.)
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries.)
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12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of
damages or describe basis for ascertaining extent of damage.)
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13. What other damages do you claim, if any? 14.-17
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.)
sty of Dubuque? ~� 1 /A
15. What amount do you claim from the
- cQt?)
16. Why do you claim the City of
17. Have you made any claim against anyone else for damages : s a result of this incident? (If yes, g
address.)
(Signature)
(Print Name)
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18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount?
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Yd W MAKE At LICENSE MILEAGE ci LOR SERIAL NO. CONDIT10R
1 l?O DJ R PHONE CAR LOCATED AT DEDUCTIBLE
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Or stns
Se DY ryI
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Fender, Frt.
fender Shield
Sublet
Or Pattst
Service $
Or Neon
Parse
3.Bumper W /Pads
1 ,L1
Fender, Frt.
Fender Shield
Bumper Abs.
Fender Ext.
Fender Ext.
Fender MidE. Sims
Fender Midi. Side
Fender Stripe
Fender Mktg.
Fender Stripe
Fender Midi.
Bumper Retnf.
Bumper Brkt.
Side Light Asmbly
Headlamp
Side Light Asmbly
Headlamp
Bumper Cushion
Valance
Headlamp Door
Headlamp Dr.
Sealed Beam
Bum r Cd.
Sealed Beam
Flt. System
Perk Light
Park Light
Frame
Cowl
Cowl
Cross Member
Door, Front
Door Front
Door Hinge
Wheel
Door Hines
Hub Cop Disc
Door Panel
Door Panel
Lr. Cont. Arm
Door Stripe
poor Stripa
Door raider.
Door Mktg.
Up. Cont. Arm
Center Pest
Center Post
Door Rear
Door Mldd
Door Rear
ump
Ber Filler
Grills
—_
-
Door Mldg.
— _-
Grille Panel
Grill Panel MIdg.
Rocker Panel
Rocker Panel
Rocker Mtdg.
Floor
Rocker. Mktg.
Floor
Dot; Leg
Oust. Panel
Dog Leg
Quar. Panel
Air Condenser
Qua r. Ext.
Quar. Ext.
Recharge System
Quar. Wheel House
Quar. Wheel Haus
Name Plate
Quar. Mldg. Side
Quar. Mldg•
Quar. Mldg. Side
Quar. Midi.
Baffle, Upper
Lock Plate, Lr.
Quar. Stripe
Side Light Asmbly
Guar. Stripa
Side Light Asmbly
Tall Light
Look Plate Up.
Hood Top
Tail Light
Hood Hinge
REAR
MISC.
Hood Lock
Bummer
Sumpir Abs.
E umper Cushion
Inst Pants
Front Seat
Front seat Ad'.
Ornament
Rad. Sup.
Rad. Core
per Rent.
_
Top
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Anti Freese
Bumper Brkt.
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Headlining
Rad. Hoses
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Bumper Gd.
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Tin % Worn
Fan .Bhde
Fan Shroud
Valance
Paints ;
Aerial
Fan Belt
UMW Panel
Water Purr
Floor
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Rust Proof
Water Pump Pulley
Trunk Lid
Battery
Motor Mts.
Trunk Mldg.
EPA WASTE DISPOSAL CHARGE
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q is-. # 0
Lie. LI t
PARTS (Prloes Subject To Invoice)
SERVICES W{JHRS. @.r0 HR.
Windshield
Gas Tank
SUBLET OR PAINTING
SUS TOTAL.
TAX
PAINT- MATRL•HOW.
J 00
3 p. (,.4f
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Frame
Whaei
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AiHub R. Drum
Axle
Spring
GRANO TOTAL
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HART AUTO BODY & PAINT
800 CEDAR CROSS ROAD DUBUQUE, IOWA 52003
PHONE: (563) 556 -3323 FAX: (563) 556 -8324
Appraiser X___
Symbols. S A- AIi fhten N R Rep1OP -O �pH OwrUinit 1 HEREBY AUTHORIZE THE ABOVE REPAIRS
i d irEEB- SSS-ESS
DAMAGE REPORT
PRICES SUBJECT TO CHANGE
IHme CIRCLED are net to the totat, in
our opinion. aro not part of this charn.
eLSt6O 60 SZ unC
06/24/2009 at 08:27 AM Job Number:
"
Insured:
Owner:
Address:
Evening:
CAMILLE BLACKBOURN
CAMILLE BLACKBOURN
2233 CARTER RD
DUBUQUE, IA 52001
(563)588 -0820
Inspect ABRA - DUBUQUE
Location: 3400 CENTER GROVE DR
DUBUQUE, IA 52003
Insurance
company:
2001 CHEV MALIBU LS 6 -3
VIN: 1G1NE52J216171141
Air Conditioning
Cruise Control
Dual Mirrors
Clear Coat Paint
Power Windows
Power Mirrors
FM Radio
Search /Seek
Driver Air Bag
Bucket Seats
Aluminum /Alloy Wheels
NO. OP.
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:
.1L -FI 4D SED TAN Int:TAN
Lic: 733NBA IA Prod Date:
Rear Defogger
Intermittent Wipers
Console /Storage
Power Steering
Power Locks
Power Trunk /Tailgate
Stereo
CD Player
Passenger Air Bag
Automatic Transmission
DESCRIPTION
1 FRONT BUMPER
2* Rpr Bumper cover 0 0.00
3 Add for Clear Coat 0 0.00
4 O/H bumper assy 0 0.00
5# Subl 2 WHEEL ALIGNMENT 1 44.95 T
6 FRONT SUSPENSION
7 ** Repl Qual Repl Parts LT Hub &
bearing
8# Subl HAZARDOUS WASTE DISPOSAL 1 4.00 T
Subtotals = =>
1
Claim #
Policy #
Deductible:
Date of Loss:
Type of Loss:
Point of Impact:
Business: (563)556 -0696
Days to Repair
11/2000 Odometer: 75755
Tilt Wheel
Keyless Entry
Fog Lamps
Power Brakes
Power Driver Seat
AM Radio
Cassette
Anti -Lock Brakes (4)
Cloth Seats
Overdrive
QTY EXT. PRICE LABOR
1 132.00 m
180.95
PAINT
1.0 3.0
0.0 1.2
1.9 0.0
0.0 0.0
0.9 M 0.0
0.0 0.0
3.8 4.2
06/24/2009 at 08:27 AM Job Number:
^ 4443
PRELIMINARY ESTIMATE
2001 CHEV MALIBU LS 6- 3.1L -FI 4D SED TAN Int:TAN
Parts 132.00
Body Labor 2.9 hrs @ $ 55.00 /hr 159.50
Paint Labor 4.2 hrs @ $ 55.00 /hr 231.00
Mechanical Labor 0.9 hrs @ $ 66.00 /hr 59.40
Paint Supplies 4.2 hrs @ $ 35.00 /hr 147.00
Sublet /Misc. 48.95
SUBTOTAL
Sales Tax
GRAND TOTAL
ADJUSTMENTS:
Deductible
CUSTOMER PAY
INSURANCE PAY
2
$ 777.85
$ 630.85 @ 7.0000% 44.16
$ 822.01
0.00
$ 0.00
$ 822.01
WARRANTY VALID ONLY WITH ORIGIONAL COPY OF YOUR RECEIPT PARTS SUBJECT TO
INVOICE NO GUARANTEE ON RUST ALL PARTS NEW, UNLESS OTHERWISE NOTED
ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS
SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY
WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE
MANUFACTURER OR DISTRIBUTOR OF THESE PARTS RATHER THAN THE MANUFACTURER OF YOUR
VEHICLE.
WARRANTY VALID ONLY WITH ORIGIONAL COPY OF RECEIPT. PARTS SUBJECT TO INVOICE.
NO GUARANTEES ON RUST. ALL PARTS NEW, UNLESS OTHERWISE SPECIFIED.
06/24/2009 at 08:27 AM Job Number:
94443
PRELIMINARY ESTIMATE
2001 CHEV MALIBU LS 6- 3.1L -FI 4D SED TAN Int:TAN
Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived
from the Guide DR1CP97, CCC Data Date 06/01/2009, 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 2009 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
LES M. BLAIR III t
PAUL J. FITZSIMMONS
STUART G. HOOVER t
MATTHEW L. NOEL
Mr. Barry Lindahl
Dubuque City Attorney's Office
300 Main St., Ste. 330
Dubuque, IA 52001
BLAIR & FITZSIMMONS, P.C.
ATTORNEYS AT LAW
850 White Street
Dubuque, Iowa 52001 -7035
Telephone: 563 -588 -1970
Facsimile: 563 -556 -4033
Website: www.blairfitzsimmons.com
January 7, 2010
FOR SETTLEMENT PURPOSES ONLY
RE: Claimant: Camille Blackbourn
Your Insured: City of Dubuque
Claim No.: ICP030976A1
Dear Mr. Lindahl:
BRADLEY T. BOPPELI
FRANK D. GILLOON III
CHRISTOPHER M. SOPPE
t ALSO LICENSED IN ILLINOIS
Our offices have been retained by Ms. Blackbourn regarding a claim that she has against
the City of Dubuque due to her 2001 Chevrolet Malibu being struck and damaged by one of the
City buses. The purpose of this letter is to see how Ms. Blackbourn's claim can be resolved by
the City.
I have been in touch with the Iowa Communities Insurance Pool and in particular with a
Mr. John Mullarkey, their claims adjuster. The claim report that Ms. Blackbourn filed with the
City shows ' . e s ates, one for $822.01 and another one for $740.64. The insurance adjuster
has offere. $150.00 t I settle this claim, however we believe that the offer fails to adequately
compens. to Ms. B";"cbourn for her damages.
Ms. Blackbourn has made an offer to settle this matter for $2,000.00, however, that offer
has been rejected by the insurance adjuster. So I write to you today to see exactly what the next
step in this process is regarding Ms. Blackbourn's claim against the City. It is my understanding
that after the adjuster has made a decision that the City Attorney's Office next makes a decision
deciding whether or not the issue should be submitted to the City Council.
At this time I would ask that either Ms. Blackbourn's offer to settle for $2,000.00 be
accepted or a reasonable counteroffer be made by the City Attorney's Office to the City Council
for its consideration of the claim. If you have any questions or comments, please do not hesitate
to contact me. Thank you for your prompt attention to this matter.
Vey trul ours,
7 14-
radley : offeli
Blair & itzsimmons, P.C.
Barry A. Lindahl, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001 -6944
(563) 583 -4113 office
(563) 583 -1040 fax
balesq @cityofdubuque.org
Bradley T. Boffeli, Esq.
BLAIR & FITZSIMMONS, P.C.
850 White Street
Dubuque, IA 52001 -7035
RE: Camille Blackbourn
Dear Mr. Boffeli:
This is in response to your January 7, 2010 letter.
Dubuque
!U- cJ y
2007
January 11, 2010
have discussed this claim with John Mullarkey, our claims adjustor with the Iowa
Communities Assurance Pool. Mr. Mullarkey's denial of the claim was based on
information provided by Transit Manager Jon Rodocker who observed the damage to
your client's vehicle and it appeared to be no more than a paint transfer situation. There
was no evidence that there was any further damage to the vehicle. My understanding
from Mr. Mullarkey that neither the claimant nor you have provided any further evidence
of damage. That being the case, the claim was denied, with a nominal offer of $150.00
for the paint transfer.
If you have any additional information, I would ask that you provide it to Mr. Mullarkey,
who is handling.the claim for the City. Otherwise, you always have the option of asking
the City Council to review the claim. My recommendation to the City Council, however,
would be based upon the information that Mr. Mullarkey has provided to me.
BAUtis
cc: Jon Rodocker, Transit Manager
John Mullarkey, ICAP
Very si erely,
B rry A. Lindahl, Esq.
ity Attorney
Masterpiece on the Mississippi
tows CoawowniHios Assuraea Pool
5701 Greendale Road
Johnston, IA 50131
July 28, 2010
Barry Lindahl, Esq.
City of Dubuque Legal
Suite 330, Harbor View Place
300 Main Street.
Dubuque, IA 52001 -6944
Re: Our member: City of Dubuque
Our claim no.: ICP030976A1
Claimant: Camille Blackbourn
Date of loss: 06 -23 -09
Dear Barry:
Sent via email
The above captioned claim is for damages to the claimant vehicle from when a transit bus struck the
front bumper.
The damage was only paint transfer plus a possible wheel alignment. At the time of the original claim
being presented the lowest repair estimate was in the amount of $740.64 which included a new front
bumper, alignment, and rim. Jon Rodocker had pictures of the damage that does show the paint transfer
and no other damage to the claimant's vehicle. At this time a settlement offer of $100.00 was made to
the claimant.
The claimant later retained representation and submitted a $2,000.00 settlement demand. No actual
estimate was received from the claimant's attorney or pictures to support the amount claimed. All the
claimant's attorney would indicate is the car does not drive properly and there is suspension damage. At
this time a settlement offer was made in the amount of $150.00 but it was rejected.
Enclosed with this letter please find the original estimates and pictures of the damage taken by Jon.
Thank you,
John Mullarkey
Claims Adjuster
Claims 1- 888 -520 -4074 Fax 515 - 309 -9909 or 1- 800 -693 -9610
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