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Chuck Minnick Claim BARRY A. LINDAHL. CORPORATION COUNSEL To: Mayor Terrance M. Duggan and members of the City Council Q C) 0 0-<' <-. :0 c: c C z m C) 'J r~ '-'- ~ D - 11 r_~': ~ =< ('" :z )> () m o' 0 CD ..,.. '.D MEMO Date: June 14, 2000 Re: Claim of Chuck Minnick Claimant Date of Claim Date of Loss Nature of Claim Chuck Minnick 5/3/00 4/28/00 motorcycle damage This is a claim for damages to the claimant's motorcycle, which it sustained when loose sand left over from street repairs caused the motorcycle to slide and tip over. Under Iowa law, a city is not the insurer of the condition of its streets, and is only liable if it is negligent. The City's duty is to exercise reasonable care to keep its streets free from defects. Before a city is liable for damage caused by a street defect, the city must have had actual knowledge or constructive notice of the defect, with sufficient time to have repaired it prior to the incident causing damage. Actual knowledge occurs when the city is actually aware of the defect; constructive notice occurs when the defect has existed for such a period of time that a reasonable person would have discovered it. According to the report of Street\Sewer Maintenance Supervisor John Klostermann, his records show that the City received notice of a gas company excavation at that location that washed out on April 19, 2000. The City responded by placing barricades at the site until the Engineering Department could notify the gas company and repairs were made. Our barricades were removed on April 21st after the repair had been made. 1 9 6 eye ^ 1\ P. P t. ^ Z ^ D II f\ 11 Q U F. low ^ 5 2 0 0 1 TEtE ~19 S8~.~II~ ,,^X ~19 S8ltO~O ~-mai\ bal~sflr.1)mwc:i.nl::t - 2 - Mr. Klostermann further indicates that from the time the barricades were removed until the date of the accident, the City did not receive any complaints concerning the condition of the street. It is therefore his recommendation that this claim be denied due to lack of any prior knowledge of the defect. The Legal Department concurs with his recommendation. BAL/cg Enclosure cc - Mr. Don Vogt cc - Mr. John Klostermann cc - Mr. Chuck Minnick Operations & Maintenance Department 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589-4252 D~~~E ~ck~ June 1, 2000 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Mr. Chuck Minnick on May 1, 2000. Mr. Minnick claims damage to his motorcycle when it tipped over due to loose sand left over from street repair at the intersection of Montrose Terrace and Loras Boulevard. I am not aware of any city maintenance projects in that area during the time of the incident. However, our records do show that we received notice of a gas company excavation at that location that washed out on April 19, 2000. After we received this notice we placed barricades on the excavation until the engineering department could notify the gas company and repairs made. We removed the barricades on April 21, 2000 after the repair had been made. From the time the barricades were removed until the date of the accident we did not receive any complaints concerning the condition of the street. Therefore it is my recommendation to deny this claim due to the lack of any prior knowledge of this defect. If you need any additional information concerning this claim, please contact me. S?!h4'~W~,- J;t Klostermann StreeUSewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork