Claim by Valerie WillisTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
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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
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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
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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.)
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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).
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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.)
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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?
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16. Why do you claim the City of Dubuque is responsible?
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17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.) 4
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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
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161e (A)///is
(Rev. 7/12)
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(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.