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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