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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 . i5~~~E ~~~ 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.