David G. Hennessy Claim
BARRY A. LINDAHL, E
CORPORATION COUNSEL
MEMO
To:
Mayor Terrance M. Duggan
and members of the City Council
Date:
August 22, 2000
Re:
Claim of David G. Hennessy
Claimant
Date of Cla~ Date of Loss Nature of Cla~
David G. Hennessy
7/17/00 7/15/00 vehicle damage
This is a claim for damages to the window of the claimant's
parked vehicle, which .it sustained when it was hit by a baseball in
the parking lot adjacent to Schmitt Harbor Boat Launch.
According'to the report of Recreation Division Manager Patrick'
Prevenas, it has been the City's position that individuals parking
near an outfield fence of a ball field understand that there is a
risk, without having signage informing them of that. The City has
never put.such signage at its facilities, including golf courses,
and in similar claims has not assumed liability, since the
responsibility lies with the individual hitting the ball.
It is therefore the recommendation of the Legal Department
that this claim be denied.
BAL/cg/Enc.
cc - Ms. John Hail
cc - Mr. Pat Prevenas
cc - Mr. David G. Hennessy
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TELl' 319 583.4113 PAX 31? 583-1040
e-mail balesq@m'WC1.nct
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CITY OF DUBUQUE, IOWA
MEMORANDUM
July 27, 2000
FROM: Patrick J. Prevenas, Recreation Division Manager /
TO: Carol A. Gulick, Legal Department
SUBJECT: Claim of David G. Hennessy
Our department was called by Mr. Hennessy on Monday, July 17th, the Monday
following his reported incident at the McAleece Recreation Complex, whereupon Steve
Kiebel talked with him regarding the situation and what procedures he should follow to
have the damage expenses reimbursed. Steve advised him to contact the City Clerk's
office regarding a claim form and after that out department was not involved with any'
results of the claim.
As stated in Mr. Hennessy's report, he did observe that a softball tournament was
taking place at the time he parked his vehicle in the softball parking lot. As is obvious at
any baseball/softball event, balls occasionally do go over the fence -- they call that a
home run. The complex has been in existence since 1986. Both softball players and
boaters have used that lot over the years and I believe that anybody parking near an
outfield fence of a ballfield understands there is a risk without having signage informing
them of that. We have never put such signage at our facilities, including similar
activities such as golf at the Bunker Hill Golf Course, where a ball can be hit out of
bounds and into a parking lot or street.
I recommend that this be treated the same as other previous claims at similar facilities,
where the individual that hit the ball was responsible.
PJP:et