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Claim by Leann Marie ArlenMasterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MEMORANDUM To: Mayor Roy D. Buol and Members of the City Council DATE: May 16, 2012 RE: Claim Against the City of Dubuque by Leann Marie Arlen Claimant Date of Claim Date of Loss Nature of Claim Leann Marie Arlen 05/14/12 05/03/12. Personal Injury This is a claim in which claimant alleges that she was injured while riding on a City of Dubuque bus after the bus had to come to an abrupt stop. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager Barbara Morck, Transit Manager Leann Marie Arlen OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL tsteckle @cityofdubuque.org CLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The claim must be filed with the City Clerk at City Hall, 50 West 13th St., Dubuque, IA 52001. It will then be referred to the appropriate department for investigation and to the City Attorney's Office. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. The fmal decision 011 all claims is made by the City Council. No employee of the City of Dubuque has the authority to make any representation to you as to whether your claim will or will not be paid. 1. Name of Claimant: Leann Marie ARLEN 2. Address: 125 West 9th St. #201 3. Telephone Number 563 -583 -5359 4. Date of Incident: May 3, 2012 5. Time of Incident: abt 5:50 p.m. & 6:25 p.m. 6. Location of Incident: (Be specific): Red light by Lowe's & Hwy. 20 intersection. Bus was in right lane, up by Red Light waiting to turn Right onto the Hwy. 20. Light turned Green, a Dark Truck on left side Cuts across in Front of the Bus., turning right onto Hwy. 20. 2nd time Bus Driver at about 6:25 p.m. at 9th and Bluff St. 7. Describe the accident of occurrence that caused injury of damage. (Give full details upon which you base your claim. If a City employee was involved. Give the employee's name.) Bus driver (Black man Chad). Bus moves forward. Truck cuts across sideways in front of long bus. Bus driver had to slam on the breaks to avoid hitting the truck cutting in our lane. I was sitting on the sideways seat, throw sideways - foreword landing on Purse & Groceries. I was at 3rd seat, thrown towards 1st and 2" seats. When landing down, also landed on right heel. 2" time at Again Slams on Breaks to avoid going through a Red Light. Thrown Again, when landed back in seat most weight landed Left Foot - all the Weight caused Left Ankle to Hurt from Landing Weight on Left Foot. 8. What were weather conditions like? Sunny, clear, light outside. 9. Give name and address of any witness: Older Black man-Bus Driver. Kept asking if I was all right. I kept asking him if as. R e adtlrjss. Q : 10. Did police investigate? (If so, give names of officers.) �' 0 No. (13 -v ry N 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Yes, Leann M. ARLEN 125 West 9th St. #201, Dubuque, Iowa 52001. Left Shoulder to Neck Pain, Up whole Left side of Neck feels like Pulled Muscle. Also Right side of neck pulled muscle. Right Hip, thigh, waist, R hand and Both Ankles. Black & Blues under & above right knee. Pain from Right side to spine area in back, Stiffness, next few days Knee caps & severe ankle pains, Limping. Left top side Brain Sharp Pains shooting sideways down inside head, towards left eye. Started next day. 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates or describe basis for ascertaining. Only a Lemonade Plastic Bottle has leaking from bottom seam, from me landing on it in my purse. Had to quickly open & try to drink it, so seat won't get all sticky. Purse already soaked threw. 13. What other damages do you claim, if any? Body injuries. Trouble turning head to left and backwards to drink, and trouble sleeping on pillow laying on pillow, hurts neck. Right side thigh to rib areas painful, from landing on groceries, sharp shooting pains. Pulled muscles in neck. Whiplashing. Back of knee area sore, left top head/center /to left eye daily now sharp pains at times. With pulled muscles in neck on left side to shoulder. 14. Have you been compensated for any part of all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) No., Started seeing Meyer Clinic of Chiropractic - Dr. Robert t. Meyer 3430 Dodge St. Inn Plaza, Dubuque, IA 52003 (563) 582- 6870. www.dubuquechiropractor.com. He told me to call the Jule Bus office and file a claim. Bills are pending there! 15. What amount do you claim from the City of Dubuque? Chiropractor Adjustments to get realined and out of these pains. Started on 5 -7 -12 Monday, 5 -11 and next followup 5 -16. He thinks about 6 adjustments. He and secretary Ann seen Black & Blues on back of right leg behind knee areas/top and bottom. Also seen me limping to walk with ankles hurting. 16. Why do you claim the city of Dubuque is responsible? Bus Driver had to slam on Break to avoid hitting the truck that cut to close in front of us. There are lots of buses constantly slamming on breaks, and getting thrown on buses, this is first time getting stiff, very sore after and limping afterwards, with Brain hurting. 17. Have you made any claim against anyone lese for damages as a result of this incident? (If yes, give name and address.) No. Not yet, might have to contact Dr. Fortsmann to check brain, shooting_sharp pains on left side of head, next day started getting daily, if chiropractor adjustments don't releive the pains. 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? No. Dated this 11th day of May , 2012. ,,4174/(44- • (Signature) _Leann Marie ARLEN (Print Name) r,as eves CLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The claim must be filed with the City Clerk at City Hall, 50 West 13th St., Dubuque, IA 52001. It will then be referred to the appropriate department for investigation and to the City Attorney's Office. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. The final decision on all claims is made by the City Council. No employee of the City of Dubuque has the authority to make any representation to you as to whether your claim will or will not be paid. 1. Name of Claimant: �. NAy / �,e,i 4p2.i'e. J 2. Address: /�5- 3. Telephone Number ,S- 3 _5)3 4. Date of Incident: 4f , 3 a 0/ z 5. Time of Incident: c 'S7)p M 6. Location of Incident (Be specific): / p RE'& J cI I 4 1,0wes !1 �� . 4 /L 4. G� c -i--200 4) t€ en ,�✓�✓y r.,6 e r a,J Ia-wn s 9 , 721-e- i-Ca c- k e ti Cawte .n Gas 5114 671 O jt w QS 14/9-024— d-° cs v fL 7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) re -€quo We- were -51 d2 r Oil . a" i4 V`P -l2u Gl e_ (-Freer-it ) t1 -eol2 374A/'(-..4k cc mss , ,v c o,v--}- OS- 3 les When) y rem `�� �l f`, CO/cw k rst a rk bus A r•, ve► cka s /Q `'ke 8rE �(J s . gtit � J O N ' rre c- c roc e r i e.S. .-was cot- arc sew +-j hhjc7w'u rawecroes is' (- se` i 8. What were weather conditions like? Sc�.vrrrJ n /ear, ,4.`y/ 9. Give name and address of any witnesses: Oae,e 5lec k_ /r efAi - &s D.e_.ivec ; /{e� rye �c5 %r•v9 i'Ss -- Gras arW 10. Did police investigate? (If so, give names of officers.) tib, � . Dr ,- „0 44- uM eik-cS S-F rvcs N a v a, cQ c4u v � �� 1;(767e; . r v/ev c.v�ec� seff� # L,e- - 0�- aL y'R° -e- GVecyl� C aces 1- e-f? /�rvl�Ge °I e kt4 /1 '/G 1 Le E- F�� 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Yes, Leg," ,i /1 leN /z6-G'ead' 7 -44±2--° // Dub 4( ..�i4 -S�a/ , e-z F S5%r�/a -et- rues .. p4 ,0 ei lte-f" 9 veer u� who le. A, Cc k.� - e-l..s /» PacaelQ�t ° lE /e111-4- lG � 6,-/;4) 'le.o k sj� SP %v e, azr�, 5"d�, ss. nfer t- t kvae ,s R6a e. 12. Was any daage done to property? (If so, describe property and the extent 4- 5,e,,` 'ee„ of damages. Attach estimates of damages or describe basis f a cent. i in•_ ,�,-u°',ke��v'es extent of damage.) ��, s sd`tis e. 11,9474-61v o s Al-lie- /reo AA 412ic-Oy op -,v F virkt , y u�J aeirit/K. i �— sv s . 9�#- cr-& s j c-1 .. %ts e Soakedf2 13. What other damages do you claim, if any? fcte• ,) W17,1-p Lc6i5 1+-A 644- o t s , 14. Have you been compensated for any part of all of your claim by any ,--7,e-:/e4-4-°P / insurance company? (If so, give name and address of insurance company and,i,,`��`� amount paid.) ` S N� c))"rr) S` s 15. What amount do you claim from the City of Dubuque? o i/4: +) Al-oV (i..s4-me i)-4,s- ro.G f 6 ereq-<-,k v,JJ k too ,(iee 'e /veL 4 --070 & #elclvs 7-1 - (° k 7 ra ra,c4-d r- '1/'eecd wte, — /OQ�;,.�, ,clsa cs -- /r -ra, We_ NS' Ala 16. Why do you claim the City of Dubuque is responsible? Bus pr Uer /Lea `--0 S ` ' v ✓' 9 e - - o c c V % ; 1 7 1 - ; , 4 / Y'�'"/ d(o 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) /t/o 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated this / / day of /�Q.y (Signature) �/ /J / ,_ €ct &)4) /kg/Z..` e /`�121�°/t) (Print Name) ,2012 .