Claim Response Boynton, Robert
. .
BARRY A. LINDAHL, ESQ. ~ \r
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
October 14, 2004
RE:
Claim Against the City of Dubuque by Robert Boynton
Claimant
Date of Claim
Date of Loss
Nature of Claim
Robert Boynton
10/08/04
1 0/06/04
Vehicle Damage
This is a claim in which the claimant alleges that the windshield of his vehicle was
cracked after loose gravel fell out of the end gate of City of Dubuque truck # 3242, on
Asbury Road near Fountain Park.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor,
Operations & Maintenance records show that the truck listed in Mr. Boynton's claim was
being used to haul stone the day of the incident. Mr. Klostermann states that although
the Operations & Maintenance Department does not have any knowledge of this
incident, he believes that it is possible that the incident could have happened as Mr.
Boynton claims.
It is therefore the recommendation of John Klostermann to approve this claim for the
amount of the submitted estimate of $211.56. The Legal Department concurs with this
recommendation.
BAL:tls
cc:
Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street & Sewer Maintenance Supervisor
Robert Boynton
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cilyofdubuque.org
Operatio"" and Mamte..."", Department
925 Kerp..>r Boulevard
Dubuque, Iowa 52001-2338
(563) 589-4251J o/fie.
(563) 58\4252 fax
(563) 589-4193 1"00
Opa&"",jl\t@dtyOfdubuque.org
D~
~~~
October 14, 2004
Barry Lindahl
Corporation Council
50 West 13th Street
Dubuque, fA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Robert Boynton on October 10, 2004.
In the claim filed by Mr. Boynton he states that his wíndshield was damaged when a
rock fell off the tailgate of one of our street maintenance trucks.
Our records do show that the truck listed in this claim was being used on the day of
the incident to haul stone. However we do not have a driver record or police report
for this incident. Although we do not have any knowledge of this incident, I believe
that it is possible that the incident did happen as Mr. Boynton claims. It is therefore
my recommendation to pay the claim as filed.
If you need any additional information concerning this claim, please COntact me.
Çl~~ 14--.u l
John Klostermann
StreeUSewer Maintenance Supervisor
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