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Claim Response Bauer, Stephanie BAR R Y A. L I N 0 A H L, E CORPORATION COUNS CITY OF DUBUQUE " MEMO t----\ ) ;, ,; To: Mayor Terrance M. Duggan and Members of the City Council , . . I , ". DATE: April 26, 2005 RE: Claim Against the City of Dubuque by Stephanie Bauer Claimant Date of Claim Date of Loss Nature of Claim Stephanie Bauer 04/15/05 03/31/05 Vehicle Damage This is a claim in which the claimant alleges that as she was traveling in the 900 block of Cedar Cross Road, she drove over a loose piece of asphalt which struck and damaged the underside of her van. According to the report of John Klostermann, Street & Sewer Maintenance Supervisor, records show that prior to this incident Cedar Cross Road was last patched on March 22, 2005. Records also show that the Public Works Department's first knowledge of this defect was when it received a report from the police dispatch center after the incident. Once the notice was received, a crew was dispatched and the hole was repaired. It is therefore the recommendation of Mr. Klostermann to deny this claim due to the lack of prior knowledge. The Legal Department concurs with this recommendation. BAL:tls cc: Michael C. Van Milligen, City Manager ...Jeanne Schneider, City Clerk John Klostermann, Street & Sewer Maintenance Supervisor Stephanie Bauer SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org Operations and Maintenance Department 925 Kerper Boulevard Dubuque, Iowa 52001-2338 (563) 589-4250 office (563) 589-4252 fax (563) 589-4193 TDD ops&maint@cityofdubuque.org D~~~E ~~~ April 22, 2005 Barry Lindahl Corporation Council 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Ms. Stephanie Bauer on April 8, 2005. Ms. Bauer states that her vehicle was damaged while driving on Cedar Cross Rd when a loose piece of asphalt hit the underside of her van. Our records show that Cedar Cross Rd was last patched prior to this incident on March 22, 2005. Our records also show that our first knowledge of this defect is when we received a report from the police dispatch center after the incident. Once we received this notice a crew was dispatched and the hole repaired. It is therefore my recommendation to deny the claim due to the lack of prior knowledge. If you need any additional information concerning this claim, please contact me. S eet/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork