Claim Response St Vincent de Paul
.
BAR R Y A. L I N D A H L, E Q.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
December 22, 2005
RE:
Claim against the City of Dubuque by St. Vincent DePaul, filed by Robert
Ridgeway
Claimant
Date of Claim
Date of Loss
Nature of Claim
St. Vincent DePaul
12/22/05
12/05/05
Vehicle Damage
This is a claim in which the claimant alleges that as he was directly following a City of
Dubuque truck which was en route to the Dubuque Metropolitan Area Solid Waste
Agency, a rock flew up from the truck and struck and cracked the windshield of claimant's
vehicle.
According to the report of Paul Schultz, Solid Waste Management Supervisor, the
sanitation driver of truck #3407 was approached at the Landfill by Robert Ridgeway, the
driver of the St. Vincent DePaul van. Mr. Ridgeway claimed that he was directly
following truck #3407 on Highway 20 when a rock flew up from the truck and cracked
the windshield of the vehicle that Mr. Ridgeway was driving. Mr. Ridgeway then
proceeded into the Landfill to report the incident to the driver of the City truck.
Upon Mr. Schultz's investigation, a number of parked City packer trucks had stones
stuck in between the treads on the rear tires. Due to the direct, immediate contact
between the claimant and the City truck driver after the incident, it is the
recommendation of Paul Schultz to approve this claim for the amount of the submitted
quote of $272.82. The Legal Department concurs with this recommendation.
SAUls
cc: Michael C. Van Milligen, City Manager
./.1eanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
St. Vincent DePaul
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
December 21, 2005
TO:
FROM:
SUBJECT:
Barry A. Lindahl, Esq., Corporation Council , '
Paul F. Schultz, Solid Waste Management Superviso(\4::C,
Claim of Saint Vincent DePaul .,~y
The claim to replace a cracked windshield, allegedly caused by a stone
thrown from a tire on Truck #3407 which was heading west on Highway 20 to the
landfill on December 5, 2005 around 11 :30 am, is recommended to be approved
for $272.82.
While the evidence is circumstantial, it seems likely that city truck #3407
could have and did cause the damage. The Sanitation Driver of truck #3407 was
approached at the landfill by the driver on the Saint Vincent DePaul van, Robert
Ridgeway, about 11 :35 am on December 5, 2005. Mr. Ridgeway claimed that he
was directly following truck #3407 on Highway 20 when a rock flew up from the
truck and cracked the windshield. He then went into the landfill to report the
accident to the driver of our truck.
Upon my investigation, any number of our parked packer trucks had
stones stuck in between the treads on the rear tires. Such stones eventually
come out somewhere. Because of the direct, immediate contact between the
Saint Vincent DePaul driver and our driver, I presume that the accident
happened as described.