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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.