Claim Response Lang, Lynn
BAR R Y A. L I N 0 A H L , S Q.
CORPORATION COUNS CITY OF DUBUQUE
(')
C~l
MEMO
-'T~J
! I
To:
Mayor Terrance M. Duggan and
Members of the City Council
t.L'j
DATE:
June 27, 2005
RE: Claim Against the City of Dubuque by Lynn Lang
Claimant
Date of Claim
Date of Loss
Nature of Claim
Lynn Lang
06/15/05
06/15/05
Vehicle Damage
This is a claim in which the claimant alleges that as she was backing up her vehicle to
park in front of 940 Main Street, her tire was punctured due to a piece of metal sticking out
of the curb.
According to the report of John Klostermann, Street & Sewer Maintenance Supervisor, it
was discovered during the investigation of this claim that the drains for the overhang which
cover the sidewalk were sticking out along the curb. Mr. Klostermann states that although
these drains are part of a private structure, the Operations & Maintenance crew made the
necessary repairs on June 17, 2005 in order to avoid this type of tire damage in the future.
Because this was Mr. Klostermann's first knowledge of the defect, it is his
recommendation to deny the 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
Lynn Lang
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) 5894250 office
(563) 5894252 fax
(563) 5894193 TDD
ops&maint@cityofdubuque.org
D~~~E
~VN--~
June 24, 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. Lynn Lang.
Ms. Lang states in her claim that she damaged her tire on a metal drain which was
sticking out of the curb in front of 940 Main Street. During my investigation of the
claim, I found the drains for the overhang which cover the sidewalk were sticking out
along the curb. Although these drains are part of a private structure we made repairs
on June 17, 2005 to avoid this type of tire damage in the future.
I
My first knowledge of this defect is when I received a call on June 16, 2005 from our
engineering department reporting the incident. 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.
Street/Sewer Maintenance Supervisor
Service
People
Integrity
Responsibility
Innovation
Teamwork