Claim Response Lopez, Anthony
BAR R Y A. L I N D A H L, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
lot\~
MEMO
,.....,
, )
To: Mayor Roy D. Buol and
Members of the City Council
DATE:
January 5, 2006
./
RE: Claim against the City of Dubuque by Andrew Lopez
Claimant
Date of Claim
Date of Loss
Nature of Claim
Andrew Lopez
12/02/05
09/11/05
Vehicle Damage
This is a claim in which the claimant alleges that while he was attempting to park his 2002
Chevrolet Tahoe in front of Mary Frances Residence Hall of Clarke College, the "sidewall
of his new tire" was punctured due to a piece of defective curb that had been cut to
facilitate storm sewer replacement.
According to the report of Gus Psihoyos, City Engineer, the City Engineering
Department was not involved in any storm sewer repair/curb cut activity in front of Mary
Frances Hall of Clarke College, nor do Engineering records indicate any issued permit
for work in the public right-of-way by a private party during that timeframe. Additionally,
based on review of the submitted photo, the City does not install that type of drainage
tile nor does the City perform or allow such a curb cut.
It is therefore recommendation of Gus Psihoyos to deny this claim. The City did not
perform the curbcut, issue a permit for the curbcut, and had no prior knowledge of this
defect. The Legal Department concurs with this recommendation.
BAUls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Gus Psihoyos, City Engineer
Andrew Lopez
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuqueorg