Mr. Jonathan S. Meyers Claim
BARRY A_ LINDAHL, E
CORPORATION COUNSEL
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To:
Mayor Terrance M. Duggan
and members of the City Council
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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
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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
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