Claim Response Galle, Dan
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BARRY A. LINDAHL, ESQ.
CORPORATION COUNSEL. CITY OF DUBUQUE
MEMO
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To:
Mayor Terrance M. Duggan and
Members of the City Council
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DATE:
June 2, 2004
:,:?
RE:
Claim Against the City of Dubuque by Dan Galle
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Claimant
Date of Claim
Date of Loss
Nature of Claim
Dan Galle
04/29/04
04/26/04
Vehicle Damage
This is a claim in which the claimant alleges that tires on his vehicle were damaged after
rubbing up against the curb, striking the water intake on Hill Street at the 8th Street
intersection.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor, the
location of this intake is in the traffic island of Hill Street at W. 8th Street. Mr. Klostermann
states that the condition of the intake is poor and the reinforcing rebar is exposed.
However, he did not feel that this area required a barricade as the island does not receive
pedestrian traffic and is not in the traveled portion of the roadway.
Although Mr. Klostermann had prior knowledge of this defect, it is his recommendation to
deny this claim, as it is his opinion that the damage was due to driver error since the
location of the intake is not in the traveled portion of the roadway, but located in the traffic
island. The Legal Department concurs with this recommendation.
SAUls
cc:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street & Sewer Maintenance Supervisor
Dan Galle
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-41131 FAX (563) 583-1040 1 EMAIL balesq@cityofdubuque.org
Operations and Maintenance Department
925 Kerper Boulevard
Dubuque. Iowa 52001-2338
(563) 589-4250 office
(563) 589-4252 fax
(563) 589-4193 TDD
ops&maint@cityofdubuque.org
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May 28, 2004
Barry Lindahl
Corporation Council
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Dan Galle.
Mr. Galle states that his vehicle was dama~ed when his tires rubbed the curb and
struck the water intake on Hill Street at the 8 street intersection.
The location of this intake is in the traffic island of Hill Street at W 8th. The condition
of this intake is poor and the reinforcing rebar is exposed. I did have prior knowledge
of the condition of this intake and plan to have it replaced with the Hill Street
resurfacing project currently scheduled for this year. Although I had knowledge of the
defect I felt that it did not reqùire a barricade because the island does not receive
pedestrian traffic and is not in the travel portion of the roadway.
It is my recommendation to deny the claim even though the city had prior knowledge
of this defect. I feel the cause of the damage to Mr. Galle's vehicle was due to driver's
error since the location of the intake is not in the travel portion of the roadway, but is
part of the traffic island.
If you need any additional information conceming this claim, please contact me.
q" J/ / 17
J n:~~
Street/Sewer Maintenance Supervisor
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