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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.':'.~~_~_. I) U B Uf,jUE ~cÆ~ September 1,2004 U) Mayor Terrance Duggan and Members of the City Council City Hall - City Clerk's Office 50 West 13th Street Dubuque, IA 52001 w 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