Michael A. Nichols Claim
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BARRY A, LINDAHL,
CORPORATION COUNSE
MEMO
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To:
Mayor Terrance M. Duggan
and members of the City Council
Date:
May 5, 2000
Re:
Claim of Michael A. Nichols
Claimant Date of Claim Date of Loss Nature of Claim
Michael A. Nichols 4/7/00 3/14/00 vehicle damage
This is a claim for damages to the claimant's truck, which it
sustained when raised rods in the parking blocks in Hawthorn Boat
Ramp Parking Lot hit the air deflector as the vehicle was being
parked.
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 John Klostermann, Street\Sewer
Maintenance Supervisor, Mr. Nichols' claim was the first notice the
City had of this defect and he recommends that the claim be denied
due to the lack of prior knowledge of this defect. The Legal
Department concurs with that recommendation.
BAL/cg
cc - Mr. Don Vogt
cc - Mr. John Klostermann
cc - Mr. Michael Nichols
196 (yeARs PLAZA DUBUQUS IOWA 52001
TELE 319583-4113 FAX 319 SR3-1040
c-m",il balcsq@mwci.net
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THE CITY OF
Operations & Maintenance
Department
925 Kerper Blvd.
Dubuque, Iowa 52001 ~2338
Phone (319) 589-4250
FAX (319) 589-4252
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April 25, 2000
Dear Barry:
This letter will respond to the claim filed by Mr. Michael Nichols on April 5th, 2000.
Mr. Nichols is claiming damage to his vehicle due to a rod, which was raised above the
parking stop located in the Hawthorne Street peninsula area.
Our records show that Mr. Nichols' claim is the first notice of this defect. Upon receiving
this claim, a crew was dispatched and the repair made that afternoon.
Therefore, it is my recommendation to deny this claim due to the lack of prior
knowledge of this defect.
If you need additional information, please contact me.
Sincerely,
John Klostermann
Street/Sewer Maintenance Supervisor