Claim Response Close, Dawn
BARRY A. LINDAHL, E Q.
CORPORATION COUNSEL CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
October 14, 2004
RE:
Claims Against the City of Dubuque by Dawn Close
Claimant
Date of Claims
Date of Loss
Nature of Claim
Dawn Close
09/21/04
08/22/04 & 09/11/04
Vehicle Damage
This is a claim in which the claimant alleges that each of her two vehicles were damaged
on two separate occasions when a tree limb fell on each of them, the first incident
occurring on August 22, 2004 and the second incident occurring on September 11, 2004.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
BAL:tls
cc:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Hail, Park Division Manager
Dawn Close
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, JA 52001-6944
TELEPHONE (563) 583-4113 I FAX (563) 583-1040 I EMAIL balesq@cityofdubuque.org
BARRY A. LINDAHL,
CORPORATION COUNS
OF DUBUQUE
.,
MEMO
("j
-,
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
October 6, 2004
u
RE:
Claims Against the City of Dubuque by Dawn Close
Claimant
Date of Claim
Date of Loss
Nature of Claim
Dawn Close
09/21/04
08/22/04 & 09/11/04
Vehicle Damage
This is a claim in which the claimant alleges that each of her two vehicles were damaged
on two separate occasions when a tree limb fell on each of them, the first incident
occurring on August 22, 2004 and the second incident occurring on September 11, 2004.
According to the report of John Hail, Park Division Manager, the trees in question were
pruned in the Spring of 2004 by the City tree crew. The tree crew also responded to
each request made on the loss dates (08/22/04 & 09/11/04) to pick up small limbs, at
which time they checked for limbs hanging from the trees. Mr. Hail states that to his
knowledge, neither the leisure Services Department nor the Police Department were
notified of any damage done to either vehicle on either incident, and therefore the
leisure Services Department has no knowledge that the branches caused the damage
to these vehicles.
It is therefore the recommendation of John Hail to deny these claims.
Department concurs with this recommendation.
The legal
BAl:tls
cc:
Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Hail, Park Division Manager
Dawn Close
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, fA 52001-6944
TELEPHONE (563) 583-41131 FAX (563) 583-1040 1 EMAIL balesq@cityofdubuque.org
;
Leisure Services Department
2200 Bunker Hill Road
Dubuque, Iowa 52001-3010
(563) 5894263 office
(563) 589-4391 fax
(563) 589-4193 IDD
www.cityofdubuque.org
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October 1,2004
Mr. Barry A. Lindahl
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
RE:
Claim against the City of Dubuque by Dawn Close
Dear Barry:
The trees in question were pruned in the spring of 2004 by our tree crew.
Our tree crew responded to a request on both occasions to pick up small limbs.
We checked the trees for hangers or any other hazards on both occasions.
To my knowledge, we were not notified of damage to the vehicles on
either incident. The police department was not notified. We have no knowledge
that the branches caused the damage other than these claims. Can a limb this
size damage a mudguard and side marker?
It is my recommendation the claim be denied. The trees have received
annual maintenance and the City is not negligent.
s;"c"e~p
2!:Ha;1
Park Division Manager
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Integrity
Responsibility
Innova';on
Teamwork