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Claim by Valerie WillisTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL 4J-,o To: Mayor Roy D. Buol and Members of the City Council DATE: February 12, 2013 RE: Claim Against the City of Dubuque by Valerie Willis Claimant Date of Claim Date of Loss Nature of Claim Valerie Willis 02/08/13 02/02/13 Vehicle Damage This is a claim in which claimant alleges that her parked vehicle was struck by a City of Dubuque snowplow truck. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager John Klostermann, Street & Sewer Maintenance Supervisor Valerie Willis OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL tsteckle @cityofdubuque.org CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ' This written report constitutes your claim against the City of Dubuque, Iowa. You should (1( complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: k r )/ ///)/ 2. Address: 3742 A770_;7) Si / 6) [,7 Pr 6 3. Telephone Number: ( evn 4. Date of Incident: 2/2//3 5. Time of Incident: / 6 :39' a,r-v, 6. Location of Incident (Be specific): / k)V-i4k Id K1 byobtA;e1/ 10 60L-eri 01-T 441K- g7L. 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) 5re 8. What were weather conditions like? 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 17)(5 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) (-/ is ck_ Ack 071-/-7 Se-e cked es4'/)-Yrk_. 13. What other damages do you claim, if any? thvt-e_ 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 15. What amount do you claim from the City of Dubuque? /6,3. it 16. Why do you claim the City of Dubuque is responsible? See ck 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 4 (-0 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this 5 - day of TO9KV giA/60.,z2-6L 161e (A)///is (Rev. 7/12) , 20 /3 . (Signature) (Print Name) Giork's Office 50 ‘AL 13th St riA 52001 7. DESCRIBE ACCIDENT OR OCCURANCE THAT CAUSED INJURY OR DAMAGE. At 10:40am, I left my residence at 372 Main Street and proceeded to walk to my car which was parked on W. 4th Street in the angle parking next to the Holiday Inn between Main Street and Iowa Street. Upon approaching my vehicle, I watched as a city plow truck parked in the angle parking spaces behind my vehicle. As I approached my car, the driver got out of the truck and told me "You can't leave yet" with which I asked why and he said "Because I hit your car and I've already called the police and they are on their way ". We then examined the damages, got our information ready for the responding officer and waited for their arrival. At that time, Paul Davis (the truck driver) admitted to me that it was his fault for hitting my car, that he has worked for the city of 25+ years, that this was his first accident while on the job, that he was currently working overtime and was driving another employee's truck so he wasn't as familiar with it and didn't notice that the side plow on the truck was down. While he was removing snow on W. 4th Street the side plow hit the back bumper of my car while it was parked causing damage to it. Soon after the responding officer (Danielle Basten) arrived, took our information and completed a police report (which is attached for your reference). Upon the officer's arrival, Mr. Davis then reiterated to the officer that the accident was his fault and that I was legally parked. Also while the officer was there, the city foreman arrived took pictures of my license plate and damages, apologized for the accident and then left. Upon being given back my information, 1 proceeded to get in my car to leave. I am unsure of whether the driver was cited or not. After speaking with and giving information back to Mr. Davis the officer then left, Mr. Davis left and then I proceeded to leave. 16. Why do you claim the City of Dubuque is responsible? The City of Dubuque is responsible because a city worker, driving a city vehicle while on the job caused damage to my vehicle while it was legally parked. The city worker, Paul Davis, admitted to me and the responding officer that it was his fault that my vehicle was damaged and that I was legally parked when the accident occurred. Mr. Davis, Officer Danielle Basten and the city foreman all told me how to contact the City so that my damages could be taken care of.