Huseman, Mary, suit dismissed
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
THE CI.':'.~~_~_.
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September 1,2004
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Mayor Terrance Duggan and
Members of the City Council
City Hall - City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
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RE:
Mary Huseman vs. City of Dubuque et al.
Dear Mayor and Council Members:
The Huseman lawsuit has been dismissed. Enclosed is a copy of Les' letter explaining
why the case has been dismissed. Les also notes that he doubts the case will be
refiled.
Very sincerely,
f::::t~.~ I w
Corporation Counsel
BAL:tls
Enclosure
cc:
Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director
Rich Russell, Building Service Manager
Les Reddick, Esq.
Se,viœ
People
Integrity
Respornibility
Innovation
Teamwo,k
Brian J. Kane
Gary K. Norby
Les V. Reddick'
D. Flint Drake"
Brad). Heying
Todd L Stevenson'
MaryBeth Pfeiler Fleming
Kevin T. Deeny
John D. Freund
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
Of Counsel:
Louis P. Pfeiler
All admitted in Iowa
'Also admitted in Illinois
"Also admitted in Wisconsin
Phone (563) 582-7980
Facsimik (563) 582-5312
E-mail: lreddick@kanenorhylaw.com
August 31, 2004
Mr. Harold Beaman
Public Entity Risk Services of Iowa
5701 Greendale Road
Johnston, Iowa 50131
RE:
MEMBER:
CLAIMANT:
DATE OF LOSS:
CITY OF DUBUQUE
MARY M. HUSEMAN
OCTOBER 9, 2001
Dear Harold:
This will confinn that the Plaintiffs attomeydismissed this case on the first day of trial after
arguments to the Court regarding experts. We had previously moved to exclude any experts for
which proper discovery had not been submitted. That essentially left Plaintiff with no expert to
testify about the damages to her real property, because she had never given us an estinlate for repairs.
Based on that, the Court indicated that there would be no evidence allowed regarding damages to
real property. This reduced the Plaintiffs case to any claim for personal property, which was
essentially a small claims matter, at that point, without regard to contested liability. Based upon that
turn of events, rather than spending a couple days in a jury trial, Plaintiffs counsel dismissed the
case, with his client present.
With the contractor's insurance company in receivership I do not think we will see this action
re-filed. I have always felt the claim against the City was difficult for the Plaintiff to prove and I do
not think he would re- file just against us. A record was made of the dismissal and I believe the Court
will actually file a dismissal and I will send you a copy upon receipt. Otherwise, this matter will be
closed.
Best regards
Very truly yours,
KANE, NORBY & REDDICK, P.C.
Byc::t:
Les V. Reddick
LVR/bmo
cc: Mr. Barry Lindahl