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Claim Response Seymour, Jill BAR R Y A. L I N 0 A H L, ESQ. CORPORATION COUNS L, CITY OF DUBUQUE 'r- ....... e, MEMO ~r) " .., To: Mayor Terrance M. Duggan and Members of the City Council : i DATE: June 27, 2005 C.I 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 ~VN--~ 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 if~ Park Division Manager JJH:jlr Service People Integrity Responsibility Innovation Teamwork