Claim Response Higley, Joan
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BAR R Y A. L I N D A H L, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
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MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
RE:
September 9, 2005
Claim Against the City of Dubuque by Joan Higley
DATE:
Claimant
Date of Claim
Date of Loss
!~ature of Claim
Joan Higley
08/30/05
08/26/05
Property Damage
This is a claim in which the claimant alleges that City refuse crew ran over her garbage
can near 750 Southern Avenue on August 25, 2005.
According to the report of Paul Schultz, Solid Waste Management Supervisor, the three
sanitation drivers working the Southern Avenue route all deny running over any
containers or lids on Southern Avenue on Friday, August 25, 2005. Mr. Schultz reports
that Ms. Higley's claim is stated as a circumstantial speculation "appeared to be only
vehicle in the area at the time" as opposed to a direct observation of an eyewitness.
Because there is no evidence that the sanitation crew caused the damage to claimant's
garbage can, it is the recommendation of Paul Schultz to deny this claim. The Legal
Department concurs with this recommendation.
BAL:tls
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cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Joan Higley
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SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
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MEMORANDUM
September 2,2005
TO:
Barry A. Lindahl, Esq., Corporation Council
FROM:
Paul F. Schultz, Solid Waste Management Supervisor
SUBJECT:
Claim of Joan Higley
The claim and estimate is denied.
The three Sanitation Drivers collecting on Southern Avenue all deny
running over any containers or lids on Southern Avenue on Friday, August 25,
2005. Ms. Higley's claim is stated as a circumstantial speculation "appeared to
be only vehicle in the area at the time" rather than a direct observation of an
eyewitness. Many other vehicles use this section of Southern Ave at this time of
day.
There is no concrete evidence that any of our crews caused this damage.
Therefore, we regret that we cannot honor this claim.
Crews have been reminded to return containers up above the curb on the
boulevard especially on these steeply sloping streets.