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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.