Claim of Timothy H. Kelly
I
DARRY A. LINDAH
CORPORATION Co UN
,
MEMO
To:
Mayor Terrance M. Duggan'
and members of the City Council
Dale:
March 3, 1999
Re:
Claim of Timothy H. Kelly
Claimant
Date of Claim Date of Loss Nature of Claim
Timothy H. Kelly
2/18/99 2/14/99 vehicle damage
This is a claim for damages to the claimant's car, which he
alleges it sustained when he hit a "dip and bump" on Arlington
Street, which caused the car to bottom out, destroying the oil pan.
According to the report of Operations & Maintenance Manager
Don Vogt, the street is 83 years old and in need of replacement and
in fact, is scheduled for total reconstruction this year.
In light of the condi-tion of the street and the fact that it
has existed in that condition for some time, it is the
recommendation of the Legal Department that this claim, in the
amount of 208.11 be paid by the Finance Director and submitted to
lCAP for reimbursement.
BAL/cg
cc - Mr. Don Vogt
cc - Mr. John Klostermann
cc - Mr. Timothy H. Kelly
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Operations & Maintenance
Department
925 Kerper Blvd.
Dubuque, Iowa 52001-2338
Phone (319) 589-4250
FAX (319) 589-4252
February 25, 1999
Carol A. Gulick
Legal Department
196 Cycare Plaza
Dubuque, IA 52001-6824
RE: Timothy H. Kelly Claim
Dear Carol:
Arlington Street is 83 years old and certainly in need of replacement. In fact, it is
scheduled for total reconstruction this year. However, as Mr. Kelly's photos clearly
show, there are no potholes, cave-ins, washouts, etc. on the street. The street does
have numerous dips and rises, which require that motorists exercise caution and drive
at an appropriate speed. While there have been similar claims made on occasion in
past years, I cannot recall any others recently. Also, our records show no complaints or
defect reports concerning Arlington over the last five months.
I defer to Barry's opinion regarding the disposition of this particular claim.
Regards,
Don Vogt
Operations and Maintenance Manager
DJV:vle
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