Claim Response Robbins, Jeffrey W.
BAR R Y A. L I N 0 A H L, E
CORPORATION COUNS
CITY OF DUBUQUE
MEMO
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To:
Mayor Terrance M. Duggan and
Members of the City Council
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DATE:
June 27, 2005
RE:
Claim Against the City of Dubuque by Jeffrey W. Robbins
Claimant
Date of Claim
Date of Loss
Nature of Claim
Jeffrey W. Robbins
06/14/05
06/05/05
Property Damage
This is a claim in which the claimant alleges that during the thunderstorm which occurred
shortly after midnight on June 5, 2005, a tree branch fell onto and damaged claimant's
park bench.
According to the report of John Hail, Park Division Manager, the City Park Department
crew has trimmed and provided maintenance to the tree that is referenced in Mr. Robbins'
claim on numerous occasions. After the June 5th storm, tree branches were picked up in
claimant's yard by members of the Park crew. However, Mr. Hail reports that the tree was
and is in a healthy condition.
After conferring with City Forester Steven Pregler, Mr. Hail states that the City Park crew
will remove the tree as the crew's schedule will allow, because the tree is out-growing the
space it is in, and not because the tree is a liability.
Because the City Park Department has maintained this tree, it is Mr. Hail's
recommendation to deny this claim, as the damage to claimant's bench was a result of
high winds. The Legal Department concurs with this recommendation.
BAL:tls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Hail, Park Division Manager
Jeffrey W. Robbins
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
Leisure Services Department
2200 Bunker Hill Road
Dubuque, Iowa 52001-3010
(563) 589-4263 office
(563) 589-4391 fax
(563) 589-4193 TDD
www.cityofdubuque.org
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June 24, 2005
Mr. Barry A. Lindahl
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
RE: Claim against the City of Dubuque by Jeffrey W. Robbins
Dear Barry:
On Sunday, June 5th, 2005, a storm passed through Dubuque causing
damage. The storm damage was mainly on the west side, Clarke Drive to the
north end area. The claimant stated 60-70 mph winds. We did pick up branches
in his front yard. We have trimmed and taken care of this tree on numerous
occasions, but the tree is and was healthy.
The claimant states he feels the tree is an "eye-sore". We have
disagreed. Winds of 60-70 mph are unusual and branches will fall. I have talked
to City Forester Steven Pregler, and we will remove the tree as our schedule
allows. We do not feel it is a liability, but the tree is out-growing the space it is in.
I feel the City has maintained the tree and responded to previous
complaints. The bench damaged by the limb was a result of high winds and not
the City of Dubuque's negligence.
Sincer~
~.Hail
Park Division Manager
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