Claim Response Sampson, Jessica
BAR R Y A. L I N 0 A H L ,
CITY ATTORNEY
ESQ. & ~
MEMO
To:
Mayor Roy D. Suol and
Members of the City Council
DATE:
June 30, 2006
RE:
Claim against the City of Dubuque by Jessica Sampson
Claimant
Date of Claim
Date of Loss
Nature of Claim
Jessica Sampson
06/28/06
06/27/06
Vehicle Damage
This is a claim in which the claimant alleges that the windshield of her vehicle was
damaged after being struck by a softball at the McAleece Sports Complex.
According to the report of Gil Spence, Leisure Services Manager, Leisure Services does
not have a record of this incident being reported. However, Mr. Spence reports that the
entire complex is fenced and the outfield fence has been raised to 15 feet to make it
more difficult to hit a homerun. He also explains that when people park in the first row
of parking at the complex they should know there is a risk of the vehicle being struck by
a ball.
Mr. Spence reports that the City has never assumed responsibility for vehicle damage in
cases such as this one, and recommends denial of this claim as well. The Legal
Department concurs with this recommendation.
SAUls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
GiI Spence, Leisure Services Manager
Jessica Sampson
)
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@cilyofdubuque.org