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Craig and Deb Wurdinger Claim ~ ,. BARRY A. LINDAH CORPORATION COUN MEMO To: Mayor Terry Duggan and Members of the City Council June 27, 2000 Date: Re: Claim of Craig and Deb Wurdinger CLAIMANT DATE OF CLAIM DATE OF LOSS NATURE OF CLAIM Craig & Deb Wurdinger 5/11/00 4/24/00 vehicle damage This is a claim for reimbursement of the claimants' car insurance deductible. The claim involves the claimants' car striking a construction trailer on Keystone Drive that had no barricades around it. According to the report of Street/Sewer Maintenance Super- visor John Klostermann, Mrs. Wurdinger struck a properly parked construction trailer while backing out of their driveway. It is his opinion that the City has no additional responsibility to place barricades or cones around this type of trailer when it is parked along the curb and that it is the responsibility of any motor vehicle operator to check for clearance before backing up. It is his recommendation that this claim be denied, arid the Legal concurs with that recommendation. BAL/cg/Englosure cc - Mr. Don Vogt cc - Mr. John Klbstermann cc - Mr. and Mrs. Craig Wurdinger 196 CYCARE P"LAZA DUBUQUE IOWA 52001 TELE 319 583-4113 FAX 319 583-1040 e-mail balesq@mwci.net Q a (;::) r-~. <- 0'"< c:: :0 :2.:: [11 -- r" C) '- OJ -.-,.., in c u: - ~., ~ :::::::= ......!,J -.,~ 0 -.i,.. --- )> -, nl -n 0 o' CD Ul Operations & Maintenance Department 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589-4252 ~o~~ ~~~ I .' June 21,2000 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Mr. and Mrs. Craig Wurdinger on May 6, 2000. The Wurdinger's claim damage to their vehicle when Mrs, Wurdinger struck a properly parked construction trailer while backing out their driveway. The Wurdinger's seem to believe the City was responsible for placing additional warning devices such as barricades or cones around this construction trailer. It is my opinion that the City has no additional responsibility to place barricades or cones around this type of trailer when it is properly parked along the curb. This trailer is equipped with the required lights and has additional reflective taping installed on both sides and rear of the trailer for additional visibility. I feel that it is the responsibility of any motor vehicle operator to check for clearance before backing up. Therefore, it is my recommendation to deny this claim. If you need any additional information concerning this claim, please contact me. Sinrerelf:~~ ~ostermann Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork