Claim Response Kruser, CraigMEMO
To:
Mayor Terrance M. Duggan
and members of the City Council
Date:
February 8, 2000
Re:
Claim of Craig and Sheri Kruser
Claimant
Kruser, Craig & Sheri
Date of Claim
1/10/00
Date of Loss
12/9/99
Nature of Claim
damage to car
This is a claim for damages to the claimants' vehicle, which
it sustained when it backed over a City recycling bin in the
driveway.
According to the report of Operations & Maintenance Manager
Don Vogt, it is not likely that the City employee left the
recycling bin in the driveway. In any event, if it was in the
driveway, it should have been visible to the claimant. He
recommends denial of the claim; the Legal Department concurs in
that recommendation.
BAL/cg/Attachment
cc Mr. Don Vogt
cc - Mr. Paul Schultz
cc - Mr. and Mrs. Craig Kruser
Operations & Maintenance
Department
925 Kerper Blvd,
Dubuque, Iowa 52001.2338
Phone (319) 5894250
FAX (319) 5894252
February 1, 2000
Carol A. Gulick
Legal Department
City of Dubuque
700 Locust Street - 196 CyCare Plaza
Dubuque, IA 52001-6824
Re: Craig and Sheri Kruser Claim
Dear Carol:
The employee who emptied the Kruser's recycling bin on December 9th has never been
cited previously for leaving bins and lids in driveways or on walkways, The employee is
certain he would not leave a bin in "the middle" of a driveway, Also, upon receiving a
telephone call from Ms, Kruser the morning of the incident, Solid Waste Management
Supervisor Paul Schultz immediately visited the site, While confirming that Mrs. Kruser
did indeed back over her recycling bin, Paul also noted that every visible recycling bin in
the neighborhood had been properly placed back at the curb by the recycler.
I would also refer you to the attached photo of the Kruser's driveway. It appears to be
quite long and straight Our bins are made of high-visibility yellow plastic.
I recommend denial of the claim as filed.
Regards,
Donald J, Vogt
Operations and Maintenance Manager
cc: Paul Schultz, Solid Waste Management
ENCLOSURE