Claim Response Yolanda Feldman Brauer - Secura Ins.
BAR R Y A. L I N 0 A H L , S.
CORPORATION COUNS L, CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
July 27,2005
RE:
Claim Against the City of Dubuque by Yolanda Feldman-Brauer,
subrogated by SECURA Insurance
Claimant
Date of Claim
Date of Loss
Nature of Claim
Yolanda Feldman-Brauer 07/12/05
\
06/05/05
Property Damage
This is a claim in which the claimant alleges that the City of Dubuque is responsible for
damage to the sidewalk located in front of its insured's residence, located at 1314 Atlantic
Street. The sidewalk damage occurred while City Park employees were removing a tree
that had fallen onto claimant's house during the severe storm of June 5,2005.
According to the report of John Hail, Park Division Manager, Mr. Hail was present at the
scene at the time of the tree removal. It is his opinion that the tree was removed in the
safest manner possible without doing additional damage to claimant's home.
Since sidewalk replacement is the responsibility of the property owner, it is therefore the
recommendation of John Hail to deny this claim. 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
SECURA Insurance, on behalf of Yolanda Feldman-Bauer
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, JA 52001-6944
TELEPHONE (563) 583-41131 FAX (563) 583-10401 EMAIL bafesq@cityofdubuque.org