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Mr. Jonathan S. Meyers Claim BARRY A_ LINDAHL, E CORPORATION COUNSEL , To: Mayor Terrance M. Duggan and members of the City Council C") n c.:- .'"j' , :0 ;-:'--;.. - - IT1 , -,) C) c:'\ r-~l (:; :~-~... ._~ :::; - .. 1!1 Q ? 0 () ~ G) v' MEMO Date: July 25, 2000 Re: Claim of Mr. Jonathan S. Meyers Claimant Date of Cla~ Date of Loss Nature of Cla~ Jonathan S. Meyers 5/24/00 5/16/00 vehicle damage This is a claim for damages to the claimant's vehicle, which it sustained when it hit a section of concrete around a storm drain in the 600 block of Jefferson. According to the report of Street\Sewer Maintenance Supervisor John Klostermann, the storm drain intake that Mr. Meyers struck is located in the grass area between the sidewalk and curb, an area that is not part of the driving area. Mr. Klostermann further states that when Mr. Meyers left the driving area and drove over the curb, he assumed all liability for his actions. It is therefore his recommendation that this claim be denied due to the lack of any type of construction def-ect. The Legal Department concurs. it is therefore the recommendation of the Legal Department that this claim be denied. BAL/cg\Enc. cc - Mr. Don Vogt cc Mr. John Klostermann cc Mr. Jonathan Meyers 1 96 eye ARE P'L A Z A DUB U QUE lOW A S 2 0 0 1 TELE 319 583-4113 FAX 31? 583-1040 e-mail balesq@rnwc1.net Operations & Maintenance Department 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589-4252 5~;~E ~<k~ , , June 28, 2000 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Jonathan Meyers on May 21, 2000. Mr. Meyers is claiming damage to his vehicle when he was forced to drive off the street and over the curb to avoid a collision on Jefferson Street. The storm drain intake that Mr. Meyers struck with his vehicle is located in the grass area between the sidewalk and curb. This is in an area that is not part of the paved driving area. I feel that when Mr. Meyers left the driving area and drove over the curb, he also assumed all liability for his actions. It is therefore my recommendation to deny this claim due to the lack of any type of construction defect. If you need additional information concerning this claim please contact me. Sincerely, John Klostermann StreeUSewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork