Claim Response Keuter, DelbertBARRY A. LINDAHL, ESIQ.
CORPORATION COUNSEL/, CITY OF DUBUQUE
MEMO
To:
DATE:
RE:
Mayor Terrance M. Duggan and
Members of the City Council
December 1, 2003
Claim Against the City of Dubuque by Delbert Keuter
Claimant
Date of Claim
Date of Loss
Nature of Claim
Delbert Keuter 11/12/03 10/30/03
Vehicle Damage
This is a claim in which the claimant alleges that as he was driving west within the 2900
block of Van Buren Street, a gust of wind blew a recycling bin into the passenger side of
claimant's vehicle.
According to the report of Paul Schultz, Solid Waste Management Supervisor, the
referenced recycling container was collected and retumed to the setout location during
normal crew handling. The City has no knowledge of any defect to the recycling container
which would cause the City to be liable for this incident. Mr. Schultz states that although
the yellow bins are City property, they are managed by the customer for containing
materials for setout for curbside collection. Furthermore, the City does not make the
decision on whether a bin should be set out for collection on a given day because of
varying weather conditions.
It is therefore the recommendation of Paul Schultz to deny this claim, since the
circumstances leading to the alleged damage were beyond the control of the City. The
Legal Department concurs with this recommendation.
BAL:tls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Delbert Keuter
SUITE 330, HARBOR VIEW' PLACE, 300 MA~N STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 1, 2003
TO:
FROM:
SUBJECT:
Barry A. Lindahl, Esq., Corporation Council
Paul F. Schultz, Solid Waste Management Supervis(~r~
Claim of Delbert Keuter
The claim is denied as filed.
From a conversation with the recycling crew, the referenced recycling
container was collected and returned to the setout location in normal Crew
handling. The City has no reasonable knowledge of any defect in the recycling
bin that would make us liable for the type of accident claimed. Although the
yellow bins are City property, they are managed by the customer for containing
materials for setout for curbside collection of recyclables.
The City does not make the decision on whether a bin should be setout
for collection on any given day under varying weather conditions that might
cause some measure of risk. Therefore, the City is not responsible since the
circumstances leading to the alleged damage ware beyond the control of the
City. The alleged accident circumstances were dictated by weather conditions
and customer choice to setout the yellow bin.