Claim by Joseph Healey_AppealTHE CITY OF
DUB
Masterpiece on the Mississippi
BARRY LI
CITY ATTO
EY
MEMORANDUM
To: Ma • Roy D. Buol and
Members of the City Council
DATE: April 22, 2013
RE: Joseph Healey Appeal of Claim Denial
This is a claim for $7,285.31 for damage to the sanitary sewer lateral at 668 University,
owned by Joseph Healey. The claim was filed on December 7, 2012 and was referred
to Public Entity Risk Services (PERS). Based upon the investigation by PERS, the
claim was denied on January 14, 2013. PERS concluded that there was no evidence
that the City or the contractor who performed work for the City for the 2004 street
reconstruction project caused the damage alleged by Mr. Healey.
Mr. Healey appealed the denial of the claim to the City council and the City council
referred the claim to the City Attorney's Office. It is our recommendation that the denial
be affirmed.
Based upon several meetings with City staff from the Engineering and Water
Departments, including a meeting with Mr. Healey and his excavation contractor, Drew
Cook, the following appears to be the sequence of events relating to this claim:
1. Mr. Healey's property is located at 668 University Avenue. In 2002, the old lead
water service serving Mr. Healey's property developed problems. Mr. Healey
had a private contractor connect a new water service to the water main in
University Avenue and abandoned the old lead service.
2. In 2004, the City reconstructed University Avenue. At the time of the project, Mr.
Healey's property was served by a clay sanitary sewer lateral which was
originally installed in 1913.
3. As a part of the reconstruction project, the City replaced the storm sewer main
which was located approximately perpendicular to and above Mr. Healey's
sanitary sewer lateral. The City also installed a new water main to serve several
properties on University Avenue. The new water main was connected to the old
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 balesq @cityofdubuque.org
water main. The connection was in close proximity to Mr. Healey's sanitary
sewer lateral.
4. No problems were reported to the City by Mr. Healey following the 2004 street
reconstruction project other than a sanitary sewer backup on one occasion in
2006. The cause of that backup was never determined and no claim was filed by
Mr. Healey at that time.
5. On December 7, 2012, Mr. Healey filed the present claim alleging that the work
to the City water main in 2004 caused damage to his sanitary sewer lateral. The
sewer had backed up and in attempting to determine the cause of the backup, he
discovered that the lateral was obstructed. Mr. Healey retained Drew Cook
Excavating to repair the damage to the sanitary sewer lateral and when the area
was excavated for the repairs, Mr. Healey claims that he noticed the proximity
between the damaged sanitary sewer lateral and the City's water main repair
from 2004. He came to the conclusion that the work done by the City to the
water main in 2004 caused the damage to his sewer lateral.
6. Following several more meetings with City staff, we are unable to determine that
the City work on the water main in 2004 was the cause of the damage to Mr.
Healey's sanitary sewer lateral. Although the City work to the water main could
have caused the damage, the damage could just as easily have been the result
of the fact that the water service line was damaged in or prior to 2002 and may
well have caused undermining of the almost 100 year old clay sanitary sewer
lateral, eventually resulting in its collapse. The damage to the sanitary sewer
lateral could also have simply been the result of the age of this clay sanitary
sewer lateral by itself.
Based upon the information available to me, I am unable to conclude that the cause of
Mr. Healey's damage was any conduct on the part of the City or the City's contractors.
I would recommend that the original denial of the claim be affirmed.
BAL:tls
Enclosure
cc: Gus Psihoyos, City Engineer
Robert Green, Water Department Manager
Brenda Snyder, PERS
F: \USERS \Laserfiche Legal \Claims \H \Healey Joseph\ MayorCouncil _AppealOfClaimDenial_042213.doc
2
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 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 West 13th St., Dubuque, IA 52001. It will then be referred to
the appropriate department for investigation and to the City Attorneys Office. 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: TO / S C° %J%- ect / f° c.j
2. Address: 2.c-F6 c r 6' S c kj /\
3. Telephone Number: 3 3 "— `f 9 S S 5 g-
4. Date of Incident: l2 ` .- — 0 f l
5. Time of Incident:
6. Location of Incident (Be specific): S°14411- Wes1 corner or u rit v ( 1 a1 n CA- cc! i'7
(,(a ( b U,nive.r 5--; fy
7. Describe the 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? C lea 1`
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9. Give name and address of any witnesses: �,/ 0 h Yl U)C 1 k
\TcarniC' 0a1 @ 5'63 b 5%2 -9515
10. Did police investigate? (If so, give names of officers.)
()
11. Was anyone injured? (If so, give names, addresses, and extent of injuries.)
No
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? Street-- k e pal rt
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.)
No
15. What amount do you claim from the City of Dubuque? '7 a 0 h . 3
16. Why do you claim the City of Dubuque is responsible? 15 C' c ctbt 5 P i 1 1./ a S
cl G `% 51 -rdeI- Re UCt;`c i
17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and
address.)
No
18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount?
Dated this 7 day of 1 e C ( P1 -b e , 20 1 Z.
(Sig t fe) fif
�Jos'erkt E tie
(Print Name)
Barry A. Lindahl, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001 -6944
(563) 583 -4113 office
(563) 583 -1040 fax
balesq @cityofdubuque.org
Joseph Healey
2586 Crissy Drive
Dubuque, IA 52001
Dubuque
All-America Cil
111111
2007
April 15, 2013
RE: Your Claim Against the City of Dubuque
Dear Mr. Healey:
THE CITY OF 4
DUB
Masterpiece on the Mississippi
After several meetings with City staff members, and the meeting with you, as well as a
meeting with Drew Cook and John Welch, we are unable to conclude that the damage to
your sewer lateral was the result of any work on the part of the City of Dubuque.
The damage to the sewer lateral could have been the result of the age of the lateral which
we understand was installed in 1913, or the leaking lead service line which was replaced in
2004 may have undermined the sewer lateral, or the work done by the City on the City
water main in the vicinity of your sanitary sewer lateral. We have not seen any evidence
which would allow us to conclude what the cause of the damage was with any confidence.
Attached is a draft of a Memorandum I intend to submit to the City Council for the May 6,
City Council meeting.
You are certainly welcome to provide any additional information to the City Council for that
meeting and to ask the Council for an opportunity to address the matter. You also have the
option of taking your claim to Small Claims Court if you so choose.
Please stop in at your convenience and pick up your original file.
Thank you for your cooperation with our investigation of this matter.
Very sincerely,
BAL /tls
Enclosure
cc: Gus Psihoyos, City Engineer
arry A. Lindahl, Esq.
ity Attorney
F: \USERS \Laserfiche Legal \Claims \H \Healey Joseph\ Healey _ClaimDetermination_041513.doc