Craig and Deb Wurdinger Claim
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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
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Operations & Maintenance
Department
925 Kerper Blvd.
Dubuque, Iowa 52001-2338
Phone (319) 589-4250
FAX (319) 589-4252
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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
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