Claim of Steven W. Pins
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To:
Mayor Terrance M. Duggan
and members of the City Council
Date:
May 19, 1999
Re:
Claim of Steven W. pins
Claimant
Date of Claim Date of Loss Nature of Claim
Steven W. pins
4/28/99 4/25/99 vehicle damage
This is a claim for damages to the windshield of the
claimant's parked truck, which he alleges it sustained when hit by
a golf ball in the Bunker Hill Golf Course parking lot.
A city is only liable for damage of this nature if its
negligence was the cause of the damage. There is no practical way
that the City can protect vehicles parked in the Bunker Hill Golf
Course parking lot from the possibility of being hit by a golf
ball. The cause of the damage is not the negligence of the City,
but rather the negligence of the golfer. Furthermore, it is the
City's position that a vehicle owner who parks in the parking lot
of a golf course assumes, as one of the ordinary risks of parking
near a golf course, the risk of being hit by an errant shot.
It is therefore the recommendation of the Legal Department
that this claim be denied.
BAL/cg
cc - Mr. Gil Spence
cc - Mr. Steven Pins
196 CYCARF. PLAZA DUlIlJQUR IOWA 52001
TELE 319583-4113 FAX 319 583-1040
e-mail balesq@mwci.net