Claim, Hingtgen, Gerald B. Sr.CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
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 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: Gerald Bernard Hingtgen Sr.
2. Address: 1202 Jefferson Ave., Bellevue, IA 52031
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3. Telephone Number: (563) 872 3921
4. Date of Incident: 22 July 2006
5. Time of Incident: 11:50 A.M.
6. Location of Incident (Be specific): Just East of the Hoffman House Drive, but bound on Highway 20.
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.)
See attached report. I'm keeping a daily log of events.
8. What were weather conditions like?
Sunny & clear
9. Give name and address of any witnesses:
2 Passengers riding the city bus ; who officer Jeff Tupper Interivewed at the scene.
10. Did police investigate? (If so, give names of officers.)
Yes, Officer Jeff Tupper.
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
Yes, Judy K. Hingtgen, my wife, same address. Broken right ....
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.)
13. What other damages do you claim, if any?
I have no idea at the present time, however, there will be some.
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?
I have no idea at this time.
16. Why do you claim the City of Dubuque is responsible?
City employee Melvin T. Schumacher, the bus driver, - not stopping in the assured clear distance.
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
Not at this time.
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 17th day of July, 2006.
/s/ Gerald Bernard Hingtgen, Sr.
(Signature)
(Print Name)
(Rev. 1/00 & 7/01)
Ju\. 27, 2006 9:47AM
No, 8414 p, 1
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No,8389 p, 2 J
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CLAllIUGAlNSTTBE CITY OF DUBUQUE, IOWA cC:~
This written flIPort constitUtes your claim against tile Clty of OIlbuqUe, Iowa, You ~,~ ff
should complete II1IS form In full Ind attach any addltlonal inforrnetlon that ~.A ,I. '
supports your claim. /' I Nk1VJ-<-Y'
DIM TSD
JuLn 2006 4:44PM CITY OF DBO LEGAL DEPT
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CiTY OF DBQ LEGAL UE?T
The cfl!llm m\lSt be fllec:I wIt\1 the City Clerk at City Hell, 60 Weet 1311 St..
Dubuque, IA 52001. It will then be referred to the spprcpria18 department for
Investlglltion "nd to ttle City MJdney's Office. Once that Invtetlgetion is
oomplettd. II report and recommendation wHl be submitted to the City CololncU.
YOI.I witI be provided with a ~py of that ttporl IIIId reeormnendation,
11Ie final decision on all oIalm. is made by the CitY Coundl. No employee rI the
CitY of Dubuque he the authoritY to mike any repreteotation to you I. to
whither your claim will or wi! not be paid.
"Neme"","-':~ 8......2 JJ,;,l~ s,.-
2. Address: m/.. ~~':!:J. Ai' ~ S.J1~'hJ~ /, ~ ~..1/J.8-l1
3. Tel~hon.NUmber~t)(rtt - .g'J~j
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7. Describe the accident or oCCllrranCe thlt cluaed Injury Of damage. (Give fUll
det811a upon whleh you balle your claim. If a City employee wit Involv.d" give
the employee's nlme) , .
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8. ~at were westlter conclition6 IIg?
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9. Give name and addrees of any wttnesses:
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10. Old ponce InVB'1'gete? (If 10, give n.mes~ofllcers.)
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Jul. n 2006 4:44PM CITY OF DBQ LEGAL DEPT
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Ju\' 27. 2006 9:41AM CITY OF DBQ LEGAL om
13. Whtt other d'~'1 clC YfJy.;t:ni if any? ~ -;;.
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14. Have yoll _n comp4lllHted for any part or an of.your claim by Iny
~urence cOI71pany'? (If so, glvl name IIl'Id .dcI~'s of lnaurance ccmplll'lY and
~nt paid.)
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17. Have you made any claIm aGainst lII1}'on. else for damlllg- tilt" :..ult: of
7nt?"~ ~lve ~i!l and 8ddl'Ps.)
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18. If the an_ to Question 17 is yM. have you reeelVecl any payment from that
10Uroe, and if so, in what amount?
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Jul. 27. 2006. 4:44PM CITY OF DBQ LEGAL DEPT
tll J L. , I "::0"1:1 1 "': .1.1 S63~o:ll"+l::Io~ DIM T50
No.8414 P.3
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Highway 20 Accident Report
Date: 22 July 2006 at 11:50 AM. Gerald B. Hingtgen Sr. Driver and owner of the Dodge 3500
Ram Van with handicap lift. for my wife Judy who is totally disabled due to a stroke on 15 Nov
2001 which took her right side and speech plus on Dialysis for the last year and a half. I am. also
45% disabled from a construction accident in 1984. We had just left Bishops Cafeteria which is
our custom sometimes, after visiting the fanners market on Iowa street or shopping. I was taking Judy,
my wife, to dialysis at the Tri States Dialysis Center at 1500 Delhi Street, Dubuque, Iowa.
The weather was sunny and clear. Pulling out fronllhe Bishops and Shoppins Center patIcins lot
onto Wacker drive toWd HiibWay 20 I noticed the city bus at a distance to the north. He
followed me to Highway 20 S1op~ behind me. I have.. babit of slowillg down gradually and
stoppUJa ,lowly with Judy on bolU1i in her Ehlct who>el chair. In fact I have a larJe Ilillll. on the
bade 24" x 9" with black letters on bright yellow lllating "WHEELCHAIR ON BOARD, SLOW
TURNS, SLOW STOPS". Aftu beiD& booked at and followed too closely especially in the
winter, I had this sip! specially made aud applied to the baclt end in 2002, bellides t hive
Hendill3p plates. All to avoid someone ealllina an. accident by following to closely. When we
neced the inta:scctlon of Kennedy Road aDd Highway 20 we had to stop again bcbind several
vehicles who were stopped at the lite and lIgiIln the bUB stopped behind IIIC. The lite ebanpd an.d
we proceeded in ihe outsldo east bound lane All.d agai:D. tbencw li1e at University and Hiibway 20
was ted with Deady a dozen vehiclllll in front 01' l1li. I slowly braGd u usualleavin& plenty of
distance betWeen US and the vehicles iJi 1ioI1t and a.croa11y had to COIDe to a complete stop just
past the Hoffman HOllIe dri'\'e. Then KABOOOOMMMM. jlllit like an. elq)lolion. Evetytbing
100.. was flyiDB a:round. My foot apparclntly still on the brake was pushed even harder forward
'oeI:ause of the forc:e of Judy and left ann of hlOr wheel chair which st\'UCk ha(d on the back of the
ddvers seat breaking the lat.ch.Ulg mecbaDism wbId1 kept us from plowini lato the vehicle iD
Etont She then tipped foIWard face down at the base of the motor cover betWeelI the seats with
the 170 LB elect wheel chair still stl:llpped to her waiJt on top of her. Thll fort;c of the impact sent
the> bll!1erjes off the unit to the b$ek of the van.. The right scat base broke a latge cltuIlk out of the
front footrest of the EIC41t wheekbair lIS well. The force actuslly turned eac;h seat sllghtly towuds
the side doors somehow. I than 1nst1nctively tumid tho st=ill& wheel with my hands and elbows
llIld drove off onto the shoulder still pinned betweeD the scat and steering wheel ..eina the ted
flash of the vehl.ole in front of us and berely Dlissing it. I pushed the elect wheel chair back
enouah to wlule around to try and hold my wife's head up off the floor somewhat end that is
whOIII lAW it was the Dubuque City BUll that !wi rear ended US and was also off on the shoulder
behind me. I bad neVl!J been able to lift her up before when she hsd eccidOllltly sUpped to the
floO!: at home without help li'om tbe Bcllt\VUC Pollee Dept. but I tried to right her llIlYhoweven
with my bid. back. The bus driver in the ~time was standini outside looking at the daIllllill to
the bill bumper not interested whatllOeVer in our welfare. The windows were open and I hollered
as loud u I could "You Stupid &&%$&.# set over here and help us". At that he came to the side
doO!: end just stood. there. Again I hollered .. OpeD the god. damn door set in here and help lift
that wheel chair off my will:". He complied and tOgethlOr - able to li1'l back. \.IIlSI1llp her seat
belt and I was able to lift her boclc into the chair bruised and bleeding. She is on a blood thinner
'Which makes her bleed ellSUy lIDd 1 was also very COD~~ that the Cath line in her right breast
which is used for dialysis could be damaged causing her to bleed. to death fast. Upon inlpection
the Cathline seemed okay _ I than buckled her back in the elect wheel chair and put the batteries
Jul. 27. 2006 4:44PM CITY OF DBQ LEGAL DEPT
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No,8414 P. 5
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back in the unit but it would not work I 'tried to find. my cell phone to call 911 as it is iRt 11p fot 1
IIwnber dialiDg but I coulcln't find it so I holl=<! at the bus driver to "caI1 it in for Christ Sake
don't just stand thore". 1 ~ found my cell phone in the *k end of tile VlIIl as the conteDts of
my pocbts bad been scattered aaoss the floor oftke mended va. The hit was so violent tba1
my cell phol\ll ~)' loft my pocket in the iiout and flew fully eight (8) feat to the ~. Even.
an Ur vent on the ceiling neat tho ftont M& found in the btek. 111 0IIll sense - were fort\1l1lllll to
be m a high 3/4 toll van as m.y bumper and the bus bumper mAtched. Had we bem in a amll ell'
or vlll1 the bus WOIIld have w.at totally over U8 IIDll I would not be writing this now. Bowcvet
since the bumpers mBIdled it severely damaged the rear end bcD.4l1l8 the emnded portionl.n at
the bottom and popping tho ~ on the sides. The class m trailer bitch bolted to the limnc also
helped keep the force from badly bucldllli the rear eDd but 1raI1Sfctrin8 the force to the framo of
tile vehicle. The bumper lllOuntB actually cut clean through !he bumper. This severe foNe
howtvet' caueed the qine to lurch back"lcaving marks in the inside of the motor cover where
the manifolds OOII1e off the back of the motor and brolc.e both rear motor mounts as they are not
intended to counter linear force but torqllO. 1biJ force put a bard IinMr IIhock on the tJ;lIft....I9!lloll
and torque converter shaft howevcr which may CI\IISC tbIlIIllo go bad shortly, the traClSlI1ission
mounting is a1~o broke. The shaft Bbows over, balfl.llch of travel from the force of the hit.
Anything banging by stT8pS underneath was subject to a lot of movement. For Olle the tall pipe
IIId muffler IIId caul.ytic collverter. The SCIIIl1r in the catalytic converter may not be working
properly all the eoginc runs rough 011 idle. Of course 1lIJmY seul.llP could be off as well. There Is
also evidence of movelllent in!iont ofthc radiator as the dust snows the mark whOJ:D the tubber
gelcet was betwecIl the hood fpmewodc aDd the lWiiator but is now dropped down oul of place.
The QiI tiller cap was broke In ba1fby catching the front frI1IIework mCllllltini bar on tb.e way
back duriDi the initial hit. l had to have the certified persO!l inspecting the vehicle today help me
crank up the Spllfe tire tiP- as it was also 1008e, in doini so we had trouble gettiDa the handle
011 as the hole beneath the rear door is slightly bent to lbe tight by the force on the b&cIc ODd and
the reat door is bODt out nearly V. inch. Besides the rough idle there is a slight scraping noise
which wall never heard before. lhle nolle is probably tho misaliJnlllDl1t caused by the brokeo.
motor and. ttIIDsmission mounts. This V sn was always serviced regularly at Brad Deery Motors In
Maquoketa and. kept in top shape as It is the only vehicle we have and is needed three times a
week for the trip to Dubuque for dialysIs and. aUo doctor visits, dlalylil howevcr is a life or death
issue. Our usage is 95% medical.
When OffIcer JdfTupper arrived on tho ~_ tho bus driver Melvin SchumlKlber compWned
that his btaIces fened.. My question is how come they worbd back on Wackcr and Highwl<y 20
snd Kennedy and Highway 2.0 ?'I??? Then wbm I was ebout to leave to followthe 3I1IbI1l&nCe to
Mercy as I had determined that I oou1d at least get my vall. that far, the bus driver was about to get
In to drive off aaaIn .lso but Officer Tupper told him in no uucertaln terms that he WBS nol
driving or drivina an tdIllafe public tr8IlSpOrt vehicle IIUi that Melvin SchlUDiCker .bould Qall tIw
mamteD8rlco shop to have it towed in and bis two plISSO.IIgerJ put on mother bUll. OffiCIlC Tupper
lIillO interviewed those two passengers. The b\19 driver Melvin Scbuma.cbr had just iOt throuih
saying the brakes had failed not I S min. earlier. I tried to take pictUreS before I left but apparently
my digital camera bad aottcP. damaged hangiD& from the riSht seat and wolJId not work. 1 then
l~ behind the ambulance for Mcrey Hospital as Judy cannot.poIk for berselt'because of the
previous ~ke.
Jul. 27, 2006 4:44PM CITY OF DBQ LEGAL DEPT
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Upon arriving at Mercy I immediately took care of the admitting data. 1 r;arry a copy of her mecls
and allergies in tho back orber wheel chairs and keep a copy on file at hoIl1e at all times. I gav" a
copy to t!lll EMT on the SlleIle wbich was given to the ~ personal at the hospiUlJ. In filet
my own mcdioal historY IIld meds ... in p1astill bottles in the Refrigerator. Van. in the file at
bome and at my sisterS home in Dubuque who works at Marcy HospUal as wdl in case I was ever
_ble to comlllUllic;ak my exlsting problems all well. Oflic",," Tupper brought & fol:lD for me to
sign at the ho.tal but becalISe of & pmpph SIIItiDg tbatl- ti8ble for any1biD& the City of
Dubuque's Insurance would not pay 1 would not sign It. Officer Tupper said that was okay and
left. Officer Tuppct api1I arrived at Mo:n:y with the Drlver Information Sheet accornpanyillg this
report. At that time he told me that the City Mab1tel\e11C8 people w<:IIl out to ww tile bus in but
fouDd the brakes wmGd and they drove it back to the garage iDs1e&d of towlllj it. S(lrouch for
tbe blUe failure story. I demanded tba1 the bus be impounded until an indepc11dent in~r
lovkecl it over and Officer Tupper said it was. No chatpl were filed on the lICCident scene but it
S\1fC appears that the bUll driver, Melvin Schum~ needs to be cbIqed wllh FAILURE TO
STOP IN nm ASSURED CLEAR DISTANCE as per the forgoing tcsIimon'Y. If the brakes w..re
faulty then the City needs to be eh8rged WITH ALU>WlNG UNSAFE PUBUC
lRANSPORTATION TO BE USED. Also the bw; driver should have lII\derJODe breath. drui
and. bloo4 testll. I believe that thi$ is m....nAtoty in tbesc kind of cases now. Officct Tupper again
stopped up a third time with the mcdloal rei.... form for \hi police Dept which I did siga. copy
atlachc:d.
Judy ICCeived a chest,. arm and finger X ray and Cat Scan 00 orc1eJs ofEmergmcy DoctOr Tami
Sue 0udcDkauf. 11le internal injuries tound were a cracked rib on her left aide and aev.-.
bruiliq ofber l&ft breast, a fraeNRCl allier on her left and only U8eful hand which was sptinto:d,
a broken right wrist on hu right 81m which hurt bed even 1hough it was her sttolce arm. A
temporary cast was ~W:ed on it. She also had. some skinnell and bleeclina spots. Judy also
ClDlllplalned of paill.llI her neck which would be \UII1eI8t&ndablc considering she was resting on
her tace on the floor qf the van with the top other bead against lbe mottlt covet. However beiDa
Saturday Judy is to see Dr. Edwin ~a, Mc:dica1 Associates on Mcmday. We finally left
Metcy using one ofMel'CY'S wheel cbaIts and went to Tn State Dialysis at 3:30 PM. for dialysil5
until 6:30 PM. and thell slowly limped home to BcU-. Judy was very sore m'''itlg it hard for
me to tnIII8fer her as we usually did Ullma the standin& tIBnSfer pivot method. 1 was sure because
of the accident and lifting her up into the wheel chair I woulr.i have problems with my baclc: in the
moming which I did thiJ moming and had to wear my back belt all day Sunday anr.i condnue
doq so while ttanSfetriq. batlJlni, c1otbin; 8!Id cbanginil her as we had previously done. If my
fifth thoracic disc slips out I go downlike someone beiDa shot.
I mlDlled to contact my InsUl1llJ~ Co. Allstate Ins. and received my claim No 233 455 3853
before they closed up shop at 2:00PM Sat. The weekday Ph No. II 1 (800) 776 43Z0 Bxt 2270. I
will follow up Monday.
LQI
July 23 2006
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