Bublitz & Stonskas Water Main Break Response
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
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May 3, 2005
Mayor Terrance Duggan and
Members of the City Council
City Hall- City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
RE: Bublitz and Stonskas ClaimslWater Main Break
Dear Mayor and Council Members:
Following the City Council meeting of April 4, 2005, when Ms. Bublitz and Ms. Stonskas
requested that their claims for damage caused by a water main break on West Street,
be reconsidered, I forwarded the files to Attorney Les Reddick who represents the City
on behalf of the Iowa Communities Assurance Pool.
Mr. Reddick has reviewed the files and has concluded that the City of Dubuque was not
negligent in its maintenance of the water main.
It is the recommendation of the Legal Department that the claims be denied. The option
available to the claimants is to take formal legal action against the City if they choose to
do so.
cerely,
\
Barry A. Lindahl, Esq.
Corporation Counsel
BAL:tls
Enclosure
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Bob Green, Water Department Manager
Les Reddick, Esq.
Lois M. Bublitz
Dianna Stonskas
Service
People
Integrity
Responsibility
Innovation
Teamwork
Brian]. Kane
Gary K. Norby
Les V. Reddick*
D. Flint Drake**
Brad]. Heying
Todd L. Stevenson*
MaryBeth Pfeiler Fleming
Kevin T. Deeny
John D. Freund
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
Of Counsel:
Louis P. Pfeiler
All admitted in Iowa
* Also admitted in Illinois
** Also admitted in Wisconsin
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-mail: lreddick@kanenorbylaw.com
April 22, 2005
Mr. Barry A. Lindahl
Corporation Counsel
Harbor View Place, Suite 330
300 Main Street
Dubuque, Iowa 52001-6944
RE: BUBLITZ AND STONSKAS CLAIMSIW ATER MAIN BREAK
Dear Barry:
I have reviewed the investigative file in these two matters at your request for an independent
opinion regarding potential liability. I agree that the City of Dubuque was not negligent in its
maintenance of the water main at issue.
On January 23,2005, a City water main broke at 2367 West Street causing water damage to
homes owned by Bublitz and Stonskas that were located in the area. The water main at issue was
installed in 1927 and had six breaks in the last 78 years, the most recent, prior to January 23,2005
was in November, 1985. The City did not have any notice of any problem with the water main in
the intervening years and appears to have promptly responded to the break when it occurred. Absent
notice of a defect or other reason for concern, it would be my opinion that the conclusion that the
City of Dubuque was not negligent would be correct.
Best regards.
Very truly yours,
KANE, NORBY & REDDICK, P.e.
BY~
Les V. Reddick
L VR/bmo
cc: Ms. Brenda Snyder