Claim Response Welu, Dave
8 A R R Y A. L I N 0 A H L, E
CORPORATION COUNS
CITY OF DUBUQUE
MEMO
To: Mayor Terrance M. Duggan and
Members of the City Council
DATE: August 18, 2005
RE: Claim Against the City of Dubuque by Dave Welu
Claimant
Date of Claim
Date of Loss
Nature of Claim
Dave Welu
07/06/05
06/13/05
Vehicle Damage
This is a claim in which the claimant alleges that as he was driving by a construction site
near Iowa Street and 13th Street, claimant struck a rock which was in the middle of the
street, damaging the oil pan on his 2003 Cadillac Deville.
According to the report of Gus Psihoyos, City Engineer, Engineering Assistant Jane
Smith reviewed excavation permits that were issued for the 13th & Iowa Street area at
during the timeframe of the Welu incident, and found that there were no excavation
permits issued for this time period. Mr. Psihoyos states that he has no reason to
believe that the rock was from a City project and that the rock could have fallen from a
passing truck or arrived there by some other means not within the control of the City.
The Engineering Department's first notification of the rock in the street was when Mr.
Welu filed his claim. Under Iowa law, a city is not liable for damage resulting from a
defect in a street unless the city had actual knowledge or constructive notice of the
existence of the defect and sufficient time prior to the event causing the damage to have
corrected the defect.
It is therefore the recommendation of Mr. Psihoyos to deny this claim. The Legal
Department concurs with this recommendation.
BALtls
cc: Michael C. Van Milligen, City Manager
-Jeanne Schneider, City Clerk
Gus Psihoyos, City Engineer
Dave Welu
SUITE 330, HARBOR VI8N PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040/ EMAIL ba/esq@cityofdubuque.org
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MEMORANDUM
August 17, 2005
TO: Tracey Stecklein, Administrative Legal Assistant
FROM: Gus Psihoyos, City Engineer J:j;;),
1--5.
SUBJECT: Dave Welu Claim
I requested Engineering Assistant Jane Smith to review excavation permits which were
issued for the 13th & Iowa Street area at the time of the Dave Welu incident. According
to her review, there were no excavation permits issued for this time period. I have no
reason to believe that the rock was from a City project.
The rock could have fallen from a passing truck or arrived there by some other means
not within the control of the City. The Engineering Department's first notification of the
rock in the street near the 13th & Iowa Street area was discovered when Mr. Dave Welu
filed his claim. Under Iowa law, a city is not liable for damage resulting from a defect in
a street unless the city had actual knowledge or constructive notice of the existence of
the defect and sufficient time prior to the event causing the damage to have corrected
the defect.
It is therefore my recommendation to deny this claim due to the lack of prior knowledge
of this defect.