Claim Response Bockes, Bernard
BARRY A. LINDAHL, ES~~
CORPORATION COUNSEL\C¥ITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
November 30, 2004
RE:
Claim Against the City of Dubuque by Bernard C. Bockes
Claimant
Date of Claim
Date of Loss
Nature of Claim
Bernard C. Bockes
11/08/04
11/02/04
Vehicle Damage
This is a claim in which the claimant alleges that as he was traveling north on Central
Avenue, he attempted to turn left into his driveway at 2459 Central Avenue, and was
struck from behind by a City of Dubuque police vehicle which was en route in emergency
mode to a traffic accident in the 2500 block of Central Avenue.
According to the report of Kim Wadding, Chief of Police, an investigation of the accident
was conducted by Officer Nathan Tyler and Captain Tom Raschke. While Officer
Kramer was attempting to reach the traffic accident at 25th Street & Central Avenue, he
observed that the traffic was backed up nearly to 24th Street. The officer then began to
travel northbound in the southbound lane in order to reach the accident, at which time
the claimant attempted to turn left from the stopped line of traffic into his driveway at
2459 Central Avenue.
Chief Wadding states that although the officer was responding in an emergency mode
with his emergency lights activated, this involved a unique circumstance of the officer
having to pass several stopped cars while traveling against the traffic in order to reach
the accident. It is therefore the recommendation of Chief Wadding to approve this claim
for the amount of the submitted estimate of $279.54. The Legal Department concurs with
this recommendation.
BALtls
cc:
Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police
Bernard C. Bockes
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
DUi3~JE
~~~
DATE:
November 11, 2004
FROM:
Barry Lindahl
Legal Department
Kim B. Wadding A",
Police Chief ~
TO:
RE:
Claim against the City of Dubuque by Bernard C. Bockes
INTRODUCTION
The purpose of this memorandum is to reply to the claim file against the City of
Dubuque by Bernard C. Bockes concerning a motor vehicle accident (#04-49427)
occurring on November 2, 2004 at approximately 3:40 P.M. in the 2400 block of Central
Avenue.
BACKGROUND
On November 2, 2004 at approximately 3:40 P.M. Dubuque Police Officer Travis
Kramer was responding to a traffic accident in the 2500 block of Central Avenue
traveling north against the traffic in the south bound lane of Central Avenue with his
emergency lights activated. As Officer Kramer was passing several vehicles stopped in
the northbound lane, he struck a 1993 Buick LaSabre driven by Bernard Bockes. Mr.
Bockes was attempting to turn left into his driveway at 2459 Central Avenue from the
northbound lane of Central Avenue. Bernard Bockes vehicle received damage to the
left front while the police vehicle received damage to the right side.
DISCUSSION
An investigation of the accident was conducted by Officer Nathan Tyler and reviewed
by Captain Tom Raschke of the Dubuque Police Department. A copy of the accident
report and a written response from Officer Kramer outlining his actions is attached.
RECOMMENDATION
Although Officer Kramer was responding in an emergency mode with his emergency
lights activated, the unique circumstance of passing several stopped vehicles while
traveling northbound against the traffic places a significant burden for safe operation on
the officer. For this reason, I recommend payment for vehicle damage to Bernard C.
Bockes. In reviewing the submitted estimates, I recommend payment in the amount of
$279.54 as quoted by Brimeyer Auto Body.
ACTION REQUESTED
To seek City Council approval for the payment of $279.54 to Bernard C. Bockes for
damages related to this motor vehicle accident.