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Claim of Donald V. Brimeyer " J BARRY A. LINDAHL, CORPORATION COUNSEL l. MEMO To: Mayor Terrance M. Duggan and members of the City Council Date: November 30, 1999 Re: Claim of Donald V. Brimeyer Claimant Date of Claim Date of Loss Nature of Claim Donald V. Brimeyer 11/4/99 9/16/99 reimbursement of expenses This is a claim for reimbursement of expenses the claimant sustained as a result of a sewer backup at his home on Merfeld Lane. Under Iowa law, a city is not the insurer of the condition of its sewers, and is only liable if it is negligent. The City's duty is to exercise reasonable care to keep its sewers free from defects. Before a city is liable for damage caused by a sewer defect, the city must have had actual knowledge or constructive notice of the defect, with sufficient time to have repaired it prior to the incident causing damage. Actual knowledge occurs when the city is actually aware of the defect; constructive notice occurs when the defect has existed for such a period of time that a reasonable person would have discovered it. According to the report of John L. Klostermann, Street\Sewer Maintenance Supervisor, the sewer backup was caused by a plugged main line resulting from tree roots. Mr. Klostermann indicates that the City had no prior history of this problem with this line. In the absence of actual knowledge or constructive notice of the defect in time to have repaired it prior to the incident causing damage, Mr. Klostermann recommends that the claim be denied. The Legal Department concurs with that recommendation. BAL/cg/Enclosure cc - Mr. Don Vogt cc Mr. John Klostermann cc Mr. Donald V. Brimeyer 1 9 6 eye ^ R F. P I. ^ 7. ^ D II R I' () U Po I () W'l 5 2 0 0 1 T F. I. F. 3 1 9 5 8 3 - 4 1 1 3 ,., 'I: 3 1 9 5 8 3 . 1 0 4 0 e-mail balesq{@mwci.net " Operations & Maintenance Department 925 Kerper Blvd. Dubuque, Iowa 52001-2338 Phone (319) 589-4250 FAX (319) 589-4252 ~~~E ~~~ , . .. .. November 23, 1999 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque IA 52004-4864 Dear Barry: The purpose of this letter is to respond to the sewer claim filed by Donald Brimeyer on November 7, 1999. On September 16th we were notified at 6:25PM of a possible sewer problem with the line that serves Mr. Brimeyer's home. A sewer crew arrived at 6:50PM and found that our main line was plugged. The line was opened and service restored in a short period of time. It appeared that the cause of the blockage was roots. Our records show that we have no prior history of problems with this line and it is my recommendation to deny this claim due to the lack of prior knowledge. If you need any additional information concerning this claim, please contact me. Sincerely, ~:.~~:~ Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork