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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. (Z 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.) kA 1JM /'emu A i A ..1'/l --t? p . e<✓ c- CC.. 8. What were weather conditions like? 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) r(I) — I'M )0A/0-- 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) q 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.) 0 `c . Mvr� 4f/ 4in wiA) CD J N 0 0 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) 1/1,1) 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated this $' of , 20 ,O9 l �I ive name a 1;4 • ' I I .e It , Dr ; I f.);. ); t;••• . 1 F. 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"• I • .• t-t I VE1HME LL IIgB s PHONE DATE j / L ahti ZtK 814 c1chD '•00 rS r52 CCrT�` /7 `.�Z,- 11 G i t - `• 4. _6, l q+ Yd W MAKE At LICENSE MILEAGE ci LOR SERIAL NO. CONDIT10R 1 l?O DJ R PHONE CAR LOCATED AT DEDUCTIBLE - Fr. FRONT Sgbl Or stns Se DY ryI MooGg i re Pans r arm. LEFT Sublet or mos Seryioe; or hears Parse eye,. RICHY 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 _ [/RMI OMNI Anti Freese Bumper Brkt. _ Headlining Rad. Hoses _ Bumper Gd. Bumper Filler Top VI 1 Tin % Worn Fan .Bhde Fan Shroud Valance Paints ; Aerial Fan Belt UMW Panel Water Purr Floor — Rust Proof Water Pump Pulley Trunk Lid Battery Motor Mts. Trunk Mldg. EPA WASTE DISPOSAL CHARGE t j Vrt - S • 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 EJ" 0 , *0 Frame Whaei �— .01 AiHub R. Drum Axle Spring GRANO TOTAL 7'tO . k y 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 PDF created with pdfFactory trial version www.pdffactorv.com PDF created with pdfFactory trial version www.odffactorv.com PDF created with pdfFactory trial version www.pdffactory.com