Claim by Michael and Betty FishnickTHE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
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To: Mayor Roy D. Buol and
Members of the City Council
DATE: January 23, 2012
RE: Claim Against the City of Dubuque by Michael & Betty Fishnick, filed by
Attorney Robert Sabers
Claimant Date of Claim Date of Loss Nature of Claim
Michael & Betty 01/18/12 07/27- 07/28/11 Property Damage
Fishnick
This is a claim in which claimants allege that the foundation, sidewalk, yard and
basement of their residence at 1560 Wood Street sustained water damage during the
July 28, 2011 rain event.
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
John Klostermann, Street & Sewer Maintenance Supervisor
Robert Sabers, Esq.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL tsteckle @cityofdubuque.org
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and
attach any additional information that supports your claim.
The claim must be filed with the City Clerk at City Hall, 50 West 13th St., Dubuque, IA 52001. It will then be referred to
the appropriate department for investigation and to the City Attorneys Office. Once that investigation is completed, a
report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and
recommendation.
The final decision on all claims is made by the City Council. No employee of the City of Dubuque has the authority to
make any representation to you as to whether your claim will or will not be paid.
1. Name of Claimant: ¥ichael and Betty Fishnick
2. Address: 1560 Wood Street, Dubuque, IA 52001
3. Telephone Number: 563/556 -2811
4. Date of Incident: July 27 — 28, 2011
5. Time of Incident: Overnight rains
6. Location of Incident (Be specific): See attachment
7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base your
claim. If a City employee was involved, give the employee's name.)
See attachment
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8. What were weather conditions like? Rai -n
9. Give name and address of any witnesses:
City employees.
The Claimants, as well as
10. Did police investigate? (If so, give names of officers.)
n/a
11. Was anyone injured? (If so, give names, addresses, and extent of injuries.)
No.
12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of
damages or describe basis for ascertaining extent of damage.)
See attached invoice for repairs to foundation. See attached list of major
items destroyed. List is not all- inclusive. Please also see the estimate for
for replacement of sidewalk.
13. What other damages do you claim, if any?
14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and
address of insurance company and amount paid.)
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15. What amount do you claim from the City of Dubuque? / 3, 360 /o
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16. Why do you claim the City of Dubuque is responsible? See attachment
17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and
address.)
State Farm Insurance, the homeowners' insurer, has denied our claim for damages.
18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount?
No
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Law Office of Robert E. Sabers
3003 Asbury Road
Dubuque, IA 52001
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Claim Against the City of Dubuque, Iowa.
7. See attachment.
ATTACHMENT:
On July 27/28, 2011 Dubuque received torrential rains. Prior to that date, Betty Fishnick had called the
City of Dubuque on several occasions to request that the City perform remedial work to the storm sewer
in the alley behind her house. The alley is located between Mount Pleasant Street and Wood Street. The
storm sewer drains into a tile that runs between the Fishnick residence and the residence of Gloria Lenstra
and drains onto Wood Street. Prior to July 27 and 28, 2011 the ground between the Lenstra and Fishnick
residences would become saturated every time it rained. On occasion, the concrete pad between the
residences would virtually float because the ground was so saturated. There was a pre- existing condition
prior to July 27/28, 2011. On July 27th and 28th, with the heavy rain storms that occurred on that evening,
parts of the tile were actually blown out of the drain onto Wood Street. Because the pipe was broken, and
also because the storm sewer was clearly not designed to handle most rain events, the Fishnick yard
became oversaturated and caused the basement wall of the Fishnick residence to cave in. The easement
area and the tile was not properly maintained, thus causing the failure of the Fishnick basement wall. The
sidewalk in the front of the Fishnick residence was also destroyed.
We believe that the City of Dubuque is responsible because we had previously requested that attention be
given to the obvious drainage problem created by the placement of the storm sewer in question. We
believe that the interior of the tile draining from the storm sewer was damaged prior to the rain event of
July 27 -28, 2011, and even with the large amount of precipitation occurring on that evening, we believe
that had the tile worked properly and had a drainage problem not been created by the placement of the
storm sewer, that the Fishnick yard would not have become as saturated as it became.
Even prior to the rain event of July 27 -28, 2011, storm water runoff would often overflow from the storm
sewer located in the alley in question and thereafter flood the Fishnick backyard. This was brought to the
attention of City authorities on several occasions.
Name of Claimant: Michael and Betty Fishnick
Address: 1560 Wood Street, Dubuque, Iowa 52001
3. 563/556 -2811
4. July 27/28, 2011
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5. Overnight rains O,c
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6. See attachment. c
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8. Rain
9. The claimants as well as City of Dubuque employees. U
10. Not applicable.
11. No.
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12. See attached invoice for repairs to foundation. See attached list of major items destroyed. List is
not all - inclusive. Please also see the estimate for replacement of sidewalk.
15. We will itemize that and then add an amount.
16. See attachment.
17. State Farm Insurance, the homeowners' insurer, has denied our claim for damages.
18. No.