Appeal of Claim by Chelsea SmithTo: Mayor Roy D. Buol and
Members of the City Council
Date: October 25, 2011
Request to Appeal a decision by ICAP denying a claim by Chelsea Smith. Claim # ICP035688A1
I am writing on behalf of my niece, Chelsea Smith. On 10/07/11, a large limb fell from a city -owned
tree at 1573 Main Street and damaged Chelsea's car. The police were notified, pictures were taken,
and a police report was filed. Chelsea only has liability car insurance. My niece is a working mom
trying hard to provide for herself and her daughter.
Chelsea contacted the City Clerk's Office and followed through on all paperwork. Due to the back
window being shattered, glass covered the entire back seat including her daughter's car seat that had
to be removed and destroyed. She also would not be able to put in a new car seat until the window
was replaced so we both appreciated how quickly the City Clerk forwarded the claim to the Public
Entity Risk Services of Iowa. Unfortunately, after this point we were very disappointed.
Assuming a claims adjuster would want to look at the car, we taped plastic over the car window and
did not clean up the inside glass. The following week, we realized that no one had any intention of
looking at the car or the tree. We feel that ICAP was going to deny the claim no matter what the
situation. Less than three days after Aaron Scharmota, Claims Adjuster for ICAP, received the
paperwork, a letter was sent to Chelsea denying the claim with no explanation as to why ICAP felt
their "member' was not negligent. When Chelsea called, she was told by Mr. Scharmota that the tree
was healthy (he could tell by the picture) and therefore the City of Dubuque was not responsible. She
was denied a copy of the investigation. I then contacted Cindy Steinhouser, Assistant City Manager,
and explained my concem both with how the claim was denied and with the lack of concem over how
dangerous I thought this tree and three other trees on this street looked. I mentioned that residents in
the neighborhood have no choice but to park on the street and how devastating it would have been if
my grand niece had been in her car seat at the time the limb fell.
After Ms. Steinhouser did some checking, Steve Pregler from the City called Chelsea and said on
inspection the tree was damaged and would need to come down. When this was relayed to Mr.
Scharmota, he then admitted the tree was unhealthy but stated the City of Dubuque still was not
responsible because of unawareness and therefore not negligent. I find this argument ridiculous. The
City is not always proactive in taking care of trees and instead waits for complaints. Dubuque has had
several bad storms and there are trees with broken branches in them being held in place by other
branches waiting for a windy day to bring them down. There are also many city-owned trees that are
not pruned properly and have branches that reach way too far out and could easily crack on a windy
day. I have read the City sometimes has trouble with landlords who are unaware of their crumbling
buildings due to not being proactive. Are the landlords not negligent when a porch comes falling down
and someone gets hurt?
For all of the above reasons, I wish to appeal the decision of ICAP. I do not feel that due diligence was
carried out in handling this claim. Thank you for your time and consideration on this matter.
Respectfully,
JoEllen Reed for Chelsea Smith Ot tNia
563 - 582 -7870
3175 Pennsylvania Ave. Apt 216
Dubuque, Iowa 52001
Enclosures
C7
CD
CT
C
C 1\)
C;
irz CI)
Fri
FP
v
(D N
rn
Iowa Communities Assurance Pool
October 13, 2011
Chelsea Smith
1573 Main Street, Apt: 4
Dubuque, IA 52001
RE: Our Claim No.: -TCP035688A1
Our Member: City of Dubuque
Claimant: Chelsea Smith
Date of Loss: 10/7/11
Dear Ms. Smith,
As you know we are handling the above captioned matter on behalf of the City of Dubuque. We
have completed our investigation of the claim that was submitted on 10/11/11. We believe we
now have the facts concerning your claim and are able to advise you of our decision.
As we are sure you can understand, we are not under obligation to pay all claims that are
submitted, regardless of the cause or manner of the incident. Our obligation is to reimburse only
when we find our member negligent. After careful review of the situation, we do not believe our
member is at fault and therefore, we must deny the claim.
We are sorry that you have incurred a loss. However, we can only pay for claims where our
member is liable.
r---
Aaron Scharmota
Claims Adjuster
Iowa Communities Assurance Pool
5701 Greendale Road • Johnston, IA 50131
www.icapiowa.com • (1) 800- 383 -0116 • (F) 800- 689 -1918
Loss Control: 800- 239 -7557 • Claims: 888 -520 -4074
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: October 11, 2011
RE: Claim Against the City of Dubuque by Chelsea Smith
Claimant Date of Claim Date of Loss Nature of Claim
Chelsea Smith 10/10/11 10/07/11 Vehicle Damage
This is a claim in which claimant alleges that her parked vehicle was damaged after a
limb fell from a City -owned tree at 1573 Main Street.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Marie Ware, Leisure Services Manager
Chelsea Smith
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SurrE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAX (563) 583 -1040 / EMAIL tsteckle@cityofdubuque.org
Tracey L. Stecklein
Paralegal
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001 -6944
(563) 583 -4113 office
(563) 583-1040 fax
tsteckle@cityofdubuque.org
Chelsea Smith
1573 Main Street, Apt. 4
Dubuque, IA 52001
RE: Claim Against the City of Dubuque
Dear Ms. Smith:
Dubuque
btetea
'I,!
2007
Masterpiece on the Mississippi
October 11, 2011
The claim that you filed against the City of Dubuque on October 10, 2011, alleging that
your parked vehicle was damaged after a limb fell from a City -owned tree at 1573 Main
Street, has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
If you should have any questions regarding this matter, you may call them at (888) 520-
4074 (toll- free), or you may write to them at:
Claims
Public Entity Risk Services of Iowa
5701 Greendale Road
Johnston, Iowa 50131
Very sincerely,
Tracey Stecklein
Paralegal
Enclosure
cc: Marie Ware, Leisure Services Manager
Frank Miller, Jr., Claims Manager, Public Entity Risk Services
Frank R. O'Connor, O'Connor & Associates
Tracey L. Stecklein
Paralegal
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001 -6944
(563) 583 -4113 office
(563) 583 -1040 fax
tsteckle@cityofdubuque.org
Frank Miller, Jr., Claims Manager
Public Entity Risk Services
5701 Greendale Road
Johnston, Iowa 50131
Dubuque THE CITY OF
Allamedcaft DUB
1111 r Masterpiece on the Mississippi
2007
October 11, 2011
RE: Claim Against the City of Dubuque by Chelsea Smith
Dear Frank:
Enclosed is a claim filed on October 10, 2011 against the City of Dubuque by Chelsea
Smith. Claimant alleges that her parked vehicle was damaged after a limb fell from a
City -owned tree at 1573 Main Street.
If you have any questions regarding this claim, please call Marie Ware, Leisure Services
Manager, at (563) 589 -4263.
Very sincerely,
dR&u—ck
Tracey ecklein
Paralegal
Enclosure
cc: Marie Ware, Leisure Services Manager
Chelsea Smith
Frank R. O'Connor, O'Connor & Associates
411111111111111