Rhonda Switzer Claim
BARRY A. LINDAHL, ESQ.
CORPORATION COUNSEL
To:
Mayor Terrance
and members of
. Duggan
he City Council
MEMO
Date:
June 12, 2000
Claim of Rhonda Switzer
Re:
Claimant
Date of Cla~ Date of Loss Nature of Cla~
Rhonda Switzer
5/16/00 5/5/00 vehicle damage
This is a claim for damages to the claimant's car, which it
sustained when a piece of concrete fell from the construction site
on top of the Fifth Street Parking Ramp and hit the roof of the
parked car.
According to the report of Parking System Supervisor Cindy
Steinhauser, this accident occurred during a construction project
being done for the City by Conlon Construction. Under its contract
with the City, Conlon Construction agrees to hold the City harmless
from any claims for damage that result from its work on this
project.
It is Ms. Steinhauser's recommendation that
forwarded to Conlon Construction for processing,
Department concurs with her recommendation.
this claim be
and the Legal
BAL/cg
cc - Ms. Cindy Steinhauser
cc - Ms. Rhonda Switzer
cc - Conlon Construction
Q <:::)
0
CJ':_~ ,- :0
c::
t5" C:-j z fTl
;"i ~- Cj
..c.J ~ .T1
-'
~\) C') :po ;;;'
::;I: -
~ m
> is 0
CD ~
ill
1 9 6 eye ^ 1\ Po P I. ^ 7. ^ D II " U Q U F. tow ^ 5 2 0 0 t
TE"E l19 5,8l.41Il I'^X l19 IR3.1040
e.ma\l bA1('t'1((i}mwci.nf"t
(
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 25, 2000
To:
Carol A. Gulick, Legal Department
Cindy Steinhauser, Parking System superviso~
From:
Re:
Claim of Rhonda Switzer
Introduction
This memorandum is in response to the vehicular damage claim brought on by Ms.
Rhonda Switzer.
Discussion
According to our records, at approximately 8:10 a.m. on May 5, 2000, Rhonda Switzer
contacted the Parking Division office to notify us that a piece of construction material hit
the hood of her vehicle while entering the Fifth Street ramp using the Fifth Street
entrance. She indicated that the material caused damage to her vehicle. An employee of
the Parking Division went to the Fifth Street ramp, located her vehicle and took photos of
what appeared to be fresh damage to the hood of her vehicle. Later this same employee
spoke with the foreman of Conlon Construction and they admitted fault in the incident.
Apparently a crane was being used to load material to the top of the ramp and a steel bolt
rolled off and struck the Switzer vehicle.
I spoke at great length to Conlon representatives regarding this matter and they have now
installed scaffolding and canopies over all entrances and exits to prevent future
occurrences. Attached is a copy of the Certificate of Insurance provided by Conlon
Construction, the general contractor for the Fifth Street Ramp expansion. The City of
Dubuque is listed as additional insured for this project.
Recommendation
I recommend that this claim be referred to the general contractor, Conlon Construction.
Attachment
cc: Jerry Hird, Acting Finance Director
I Al.!jRDN
. .
,
CERTIFICATE OF LIABILITY INSURANC&~dgc'6~l DA~E~~~~~O
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Cottingham & Butler, Inc.
300 Security Building
I1 que IA 52001
Pl",ne:319-5B7-5002 Fax:319-5B3-7339
INSURERS AFFORDING COVERAGE
INSURED
INSURER A
INSURER 8:
INSURER C
INSURER D
INSURER E
st. ,Paul Fire & Marine Ins Co
Crum & Forster Insurance co.
Conlon Construction Co~any
PO Box 3400, 1100 Rockdale Rd.
Dubuque IA ~2001
COVERAGES
THE POLICieS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
ILTRf"( TYPE OF INSURANCE POLICY NUMBER DATE(MMID~ DATE MM/DDNV\" LIMITS
~NERAL LIABILITY EACH OCCURRENCE , 1000000
A X COMMERCIAL GENERAL LIABILITY KK08000669 07/01/99 07/01/00 FIRE DAMAGE (Anyone fire) , 1000000
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) , 5000
- PERSONAL & ADV INJURY , 1000000
- GENERAL AGGREGATE , 2000000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG , 2000000
I .n:RD- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- , 1000000
-A- -x cANYAUTO___ -..... .. KK08000669 07/01/99 07/01/00 (Ea accident)
-=-
- ALL OWNED AUTOS
BODILY INJURY ,
- SCHEDULED AUTOS (Per person)
HIRED AUTOS
- BODILY INJURY ,
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE ,
(Per accident)
==rAGE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO EA ACC ,
OTHER THAN
AUTO ONLY: -
AGG ,
EXCESS LIABILITY EACH OCCURRENCE , 10000000
B ~ OCCUR 0 CLAIMS MADE 553071776 07/01/99 07/01/00 AGGREGATE , 10000000
,
=1 ,DEDUCTIBLE ,
RETENTION , ,
WORKERS COMPENSATION AND X I tb~~L~M-s I IO~R-
EMPLOYERS' LIABILITY
A WVK8000433 07/01/99 07/01/00 E. L. EACH ACCIDENT , 500000
--
EL. DISEASE - EA EMPLOYE , 500000
EL DISEASE. POLICY LIMIT , 500000
OTHER
DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The Ci ty Of Dubuque is additional insured with respect to the general
liability policy. *Except for non-payment of premium.
CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER lETTER: CANCELLATION
CIDUIA7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
The City Of Dubuque EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL I~HDE:",':"R T(I MAll
Attn: Engineering Div. 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
50 West 13th st. LEFT, 9' 'i- ,-~ T9 138 88 BIIOlll1 f ~~~ "'-' """'LI"'I"\II,-"J ~Illl sur8r
Dubuque IA 52001-4B64 'rr"I'If' . _ ,~~""~, "'-"<':"'n".~
, Timm Go Johnson .DA.. "M//
ACORD 25-S (7/97) ? .. ACORD CORPORATION 1988