Claim by John McEneryTHE CITY OF
DUB TE MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
DATE: November 19, 2010
RE: Claim Against the City of Dubuque by John McEnery
Claimant Date of Claim Date of Loss Nature of Claim
John McEnery 11/19/10 10/14/10 Vehicle Damage
This is a claim in which claimant alleges that his vehicle was damaged during refuse
collection after he noticed a yellow recycle bin lying against the bumper of his vehicle.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Paul Schultz, Resource Management Coordinator
John McEnery
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 tsteckle @cityofdubuque.org
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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 W. 13 St., Dubuque, IA 52001. It
will then be referred by the City Council to the appropriate department for investigation.
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.
1. Name of Claimant:
2. Address:
3. Telephone Number:
4. Date of Incident:
5. Time of Incident:
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
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 REPRESENTATION TO YOU
AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID.
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6. Location of Incident (Be specific): 1 (S LJ 3G'6. SrL ' i k c
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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7. DESCRIBE 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.) SP red)
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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?
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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.)
15. What amount do you claim from the City of Dubuque? 8
16. Why do you claim the City of Dubuque is responsible?
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Dated at Dubuque, Iowa this t day of N ex - , 20 LD.
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(Rev. 1/00 & 7/01)
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(Print Name)
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
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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Tracey L. Stecklein <
Paralegal
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583 -4113 office
(563) 583 -1040 fax
tsteckle@cityofdubuque.org
John McEnery
1715 West 3 Street
Dubuque, IA 52001
Dear Mr. McEnery:
Enclosure
RE: Claim Against the City of Dubuque
Ms. Jeanne Schneider, City Clerk
City Hall — City Clerk's Office
50 West 13 Street
Dubuque, IA 52001
Dubuque
AM lla�alai�lr
1 1
2007
October 14, 2010
Very sincerely,
Tracey Stecklein
Paralegal
Masterpiece on the Mississippi
If you wish to file a claim against the City of Dubuque, we would request that you fill out
the attached claim form and return it to the City Clerk's Office at the following address:
Once the claim has been stamped in by the City Clerk, it will be forwarded to the City's
insurance company for investigation.
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Damage Assessed By: Ken Jaeger
Deductible: UNKNOWN
Owner: John McEnery
Address: 1715 W 3rd., Dubuque, IA 52001
Telephone: Home Phone: (563) 556-8561
* - Judgment Item
# - Labor Note Applies
C - Included in Clear Coat Calc
Ken's Auto Body
598 CENTRAL AVE., Dubuque, IA 52001
(563) 557-4413
Fax: (563) 657-0415
Tax ID: 32 -0302863
Mitchell Service: 816486
Description: 2000 Mercury Villager
Body Style: VanPass Drive Train: 3.3L In) 6 Cyi 2WD
VIN:
OEM /ALT: 0 Search Code: None
Options: VEHICLE ANTI- THEFT, PASSENGER AIRBAG, DRIVER SIDE AIRBAG, POWER LOCK
POWER WINDOW, POWER STEERING, POWER BRAKE, REAR WINDOW DEFOGGER
MANUAL AIR CONDITION, CRUISE CONTROL, TILT STEERING COLUMN
POWER ADJUSTABLE EXTERIOR MIRROR, CASSETTE PLAYER, FRONT AIR DAM, TINTED GLASS
FIRST ROW BUCKET SEAT, SECOND ROW BENCH SEAT, KEYLESS ENTRY, SLIDING VAN DOOR
SECOND ROW FOLDING SEAT, THIRD ROW SEAT
REAR HEATING, VENTILATION & AIR CONDITIONING, CLOTH SEAT
DRIVER SIDE SLIDING VAN DOOR, ULEV/SULEV/ZLEV EMISSIONS, TACHOMETER
Line Entry Labor Line Item Part Type/ Dollar Labor
Item Number Type Operation Description Part Number Amount Units
1 600145 BDY REPAIR L Fender Panel Existing 2.6* #
2 AUTO REF REFINISH L Fender Outside C 2.1
3 AUTO REF ADM OPR Clear Coat 02
4 AUTO ADM COST Paint/Materials 101.50 *
5 AUTO ADM COST Hazardous Waste Disposal 5.00 *
ESTIMATE RECALL NUMBER: 11/111201012:52:30 834
Mitchell Data Version: OEM: OCT 10 V UltraMate is a Trademark of Mitchell International
Copyright (C) 1994 - 2010 Mitchell International
UltraMate Version: 7.0223 All Rights Reserved
Date: 11/11/2010 12:52 PM
Estimate ID: 834
Estimate Version: 0
Preliminary
Profile ID: Mitchell
Page 1 of 2
Estimate Totals
Addi
Labor Sublet
1. Labor Subtotals Units Rate Amount Amount Totals 11. Part Replacement Summary Amount
Body 2.5 55.00 0.00 0.00 137.50 T
Refinish 2.9 55.00 0.00 0.00 159.50 T Total Replacement Parts Amount 0.00
Taxable Labor 297.00
Labor Tax @ 7.000 % 20.79
Labor Summary 5.4 317.79
111. Additional Costs Amount IV. Adjustments Amount
Taxable Costs 6.00 Customer Responsibility 0.00
Sales Tax @I 7.000% 0.35
Non - Taxable Costs 101.50
Total Additional Costs 106.85
Paint Material Method: Rates
Ind Rate = 35.00 , !nit Max Hours = 99.9, Addl Rate = 0.00
This is a preliminary estimate.
Additional changes to the estimate may be required for the actual repair.
ESTIMATE RECALL NUMBER: 11/11/2010 12:52:30 834
Mitchell Data Version: OEM: OCT 10_V UltraMate is a Trademark of Mitchell International
Copyright (C) 1994 - 2010 Mitchell International
UltraMate Version: 7.0.223 All Rights Reserved
Date: 11/11/2010 12:52 PM
Estimate ID: 834
Estimate Version: 0
Preliminary
Profile ID: Mitchell
I. Total Labor: 317.79
II. Total Replacement Parts: 0.00
111. Total Additional Costs: 106.85
Gross Total: 424.64
IV. Total Adjustments: 0.00
Net Total: 424.64
Page 2 of 2