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Claim by Diane UnsenMasterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MEMORANDUM a To: Mayor Roy D. Buol and Members of the City Council DATE: August 13, 2013 RE: Claim Against the City of Dubuque by Diane Unsen Claimant Date of Claim Date of Loss Nature of Claim Diane Unsen 08/12/13 Ongoing Vehicle Damage This is a claim in which claimant states that the wheel bearings and tires on her vehicle were damaged over time due to claimant driving over broken pavement located in the alley directly in front of her garage door which claimant alleges was caused by City of Dubuque refuse trucks during weekly pick -up. 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 Diane Unsen 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 complete this form in full and attach any additional information that supports your claim. The Cairn must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 5200t 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 submifted 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: Diane Unsen 2. Address: 2240 Prince Street Dubuque, IA 52001 3. Telephone Number: (563) 582-8079 4. Date of Incident: 2008 - 08/2013 5. Time of Incident: See letter 6. Location of Incident (Be specific): Garage at intersection of two alleys behind E. 22nd Street and Prince Street. 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) See letter 8. What were weather conditions like? See letter 9. Give name and address of any witnesses. See I — family and possibly neighbors 10. Did police investigate? No 11. Was anyone injured? No o c: 0 w 0 CA) nal 0 Fri 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.) Damage was done to ball bearings and tires of my vehicle — see letter. 13. What other damages do you claim, if any? Wheel bearings and tires — see letter. 14. Have you been compensated for any part or all of your claim by any insurance company? No 15. What amount do you claim from the City of Dubuque? (See receipts and estimates.) 16. Why do you claim the City of Dubuque is responsible? Because the ditch was dug by City of Dubuque's garbage and recycling trucks — see photo evidence. 17. Have you made any claim against anyone else for damages as a result of this incident? No 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? NA D ted at Dubuque, Iowa this (Rev. 7/12) (Print Name) August 12, 2013 I was driving my Scion XD on HWY 20 on Tuesday August 6 when I heard a humming noise coming from the bottom, left, front, driver side of the car. 1 had the car test driven on Wednesday August 7 by Eric Ender of Ender's Diagnostic Center located at 2098 Central Avenue in Dubuque, Iowa. Mr. Ender said the wheel bearings on the driver side sounded bad and needed replacing. The bearings normally last through approximately 70,000 miles; my car is a 2008 and has only 29000 miles on it. Mr. Ender said that bearings can go bad from things like potholes or running over curbs. He replaced one set of bearings on Friday August 9 and Monday August 12, 2013, as he mentioned it was not safe to drive the car for much longer. The week of July 14-20 the Dubuque Streets Department had vehicles in our alleys located behind the 500 block of E. 22nd and Prince Streets. The crew was filling in potholes, so I asked the crew supervisor if they could also fill in the ditch caused by the garbage trucks in front of my garage. My garage sits at the intersection of these two alleys; the garbage and recycling trucks drive past my garage each week on Monday mornings. They pass several times each week within two to four feet of my garage and garage door. I have included pictures which show exactly where the trucks' tires are in the ditch. The weight of these trucks has created a deep ditch in front of my garage, and so each time I drive in and out of my garage, my car must drive and bounce in and out of this ditch (just like driving over a curb — by the way, I have never driven over a curb). Eric Ender said this ditch has contributed to the deterioration of the wheel bearings and tires of my car. Mr. Ender pointed out that the edges of all of my tires are chewed up from bouncing through this ditch. I also cringe with each snow storm, as I have gotten stuck on numerous occasions in this ditch and have had to be pushed or pulled out of it. My tires are worn from spinning to get out of this ditch in the winter, and from bouncing through the ditch. Since my garage is located at the intersection of these two alleys, I have blocked it during these times while waiting for assistance to move my car. I have been late for work and appointments because of this ditch. (This is a very small and low-to- the-ground vehicle, so it gets stuck easily in this ditch — see picture.) I am requesting that the City of Dubuque reimburse me for the wheel bearings I had replaced on August 9 and 12; also the four tires that have excessive wear (all four because they have been rotated several times over the years). I have included the bill for the wheel bearings already replaced, and the bill for the tires. P . se consider and a prove this claim as soon as possible; I would like to replace the tires before winter. Diane Unsen 2240 Prince Street Dubuque, Iowa 52001 58!.8079 is Ender Ender's Diagnostic Center 2098 Central Avenue Dubuque, Iowa 52001 (563) 556-9541 Confidential This communication and any attachments may contain information which is confidential and privileged by law and is for the use of the designated recipient. If you are not the intended recipient, you are hereby notified that you have received this communication in error, and that any review, disclosure, dissemination, distribution or copying of its contents is prohibited. Please notify City of Dubuque immediately by telephone at (563)- 589 -4120 of your receipt of these items and destroy the communication and any attachments immediately. Further disclosure of this information may violate state and federal restrictions. Confidential information may include the following: 1) Social Security Number(s) 2) Medical /Health Information 3) Personnel /Disciplinary Information 4) Bank Account Information 5) Financial Information 6) Credit Card Numbers If any documentation you desire to submit to the City of Dubuque contains any of the items above this cover sheet must be attached directly to the confidential information and indicate the type of information that is included. include the following protected information: /Social Security Number(s) Medical /Health Information Personnel /Disciplinary Information , hereby certify that the attached documents ✓Bank Account Information Financial Information Credit Card Number(s) I understand that this information may be distributed within the City organization or to agents of the City for processing and I hereby authorize the City to act accordingly taking all precautions to protect my information from unnecessary distribution.