Claim Response Seymour, Jill
BAR R Y A. L I N 0 A H L, ESQ.
CORPORATION COUNS L, CITY OF DUBUQUE
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To:
Mayor Terrance M. Duggan and
Members of the City Council
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DATE:
June 27, 2005
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RE: Claim Against the City of Dubuque by Jill Seymour
Claimant
Date of Claim
Date of Loss
Nature of Claim
Jill Seymour
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 was blown down onto claimant's house,
pulling the secondary electrical line and electrical box away from the house.
According to the report of John Hail, Park Division Manager, a horrible storm did pass
through Dubuque as claimant states. However, Mr. Hail reports that the Park Department
has no previous record that the tree was a hazard.
It is therefore the recommendation of Mr. Hail to deny this claim as he feels that the
damage to claimant's house was a result of high winds and not negligence on the part of
the City. 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
Jill Seymour
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
DUB~JE
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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 Jill R. Seymour
Dear Barry:
As the claimant states, a horrible storm went through areas of Dubuque on
Sunday, June 5th, 2005. We responded to twenty-six calls on that evening and
the next day. In the two-week cleanup period of the City, we responded to 250
calls from trees on houses to picking up downed branches.
We have no previous record that the tree was a hazard. I do not believe
the City was negligent in any way and is not liable in this claim.
Sincerely, W
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Park Division Manager
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