Appeal of Claim by Aaron Wallingr t-, r•' .•r. r• it
10/22/2013
Aaron Walling
135o W 5th St
Dubuque, IA 52001
City Clerk's Office
5o W 13th St
Dubuque, IA 52001
To Whom it May Concern:
13OCT25 PMI2 :30
City Clerk's Office
Dubuque, IA
I'm writing in to appeal the denial of a claim that I submitted to the City of Dubuque. The claim
was in reference to the condition of the road on Chavenelle Drive which resulted in damage to
my vehicle- damaged tires and rims. (See enclosed claim for specific damages and claim
amount).
I recently spoke with the adjuster for the city who informed me that my claim was denied based
on the fact that the city did not know that the road was damaged. I would like to appeal this
claim and have it brought to the city council on the November 4th meeting- based on the
following reasons:
1). As you can see in the enclosed pictures, this section of Chavenelle Road has had
serious issues based on all the patch work that has been required. It is clear that this section of
the road has needed constant repair but has merely been fixed with "band aids."
2). I called the city immediately and city workers arrived at the scene immediately and
confirmed that the road was in need of repair and immediately put another "band aid" on the
road in the location that caused damage to my vehicle.
3). Although I understand that certain immunities apply that grant exclusion for liability
to the city for certain damages, I believe that this could have easily been prevented had the city
actually repaired the road when it needed it rather than continue with patch work when it clearly
needed to be resurfaced at the very least.
4). I'm not asking for an amount beyond what is due to me based on the damages. I'm
simply asking for what is due to me as a law abiding, tax - paying citizen of Dubuque, IA. I'm not
trying make out on this deal. I just want what it due to me based on the damages caused. See
enclosed invoices and estimates for repair.
Please reconsider the decision made by the adjuster for the city (who by the way clearly did not
have the documentation I submitted (with pictures and explanations), and has never seen the
(
CUIILLLL10i1 mum' 1 also aUUCU 1110F picLU1C� �C11l;lUJCLLf Llial S-- UN UiC overall
condition of the section of Chavenelle Road which clearly indicate that patchwork is excessive
and the street needs to be fixed, not patched.
Thank you for your consideration. I look forward to hearing from you.
Best Regards,
Aaron Walling
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: f-f�
lAileik
2. Address: 12) cU S
3. Telephone Number: C(a
4. Date of Incident: it) /01 i,5
5. Time of Incident: /,? : yc2 ,
6. Location of Incident (Be specific): Gtr ve /4e //' ,/h1
1k l '
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.)
"Rio Pre c e v`f S kze-f
„ — Affel
8. What were weather conditions like?
Slt1''� �V
�- ; .v1—z
OV/YCC4S ir- (r.
10
9. Give name and address of any witnesses:
sa4-k55
I (
11/42y1-e.-1
10. Did police investigate? (If so, give names of officers.)
A1J
-'G 3 4 :rY ,S /47
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
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?
S
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.)
Al
15. What amount do you claim from the City of Dubuque?
•
/i-oL :1I CC'P G, h
Y? o;,�r��I t S7ii rI�
1 16. Why do you claim the City of Dubuque is responsible?
Awi��� Lo i rat ?1 rui�f f
Cl�l� �htj (Uoit jS �1Ctirl� niof
"11, i'L^ C 5 c'-e ri !'c= Crl ^Ce
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
;V
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 tR day of d,
4 1t1/7U / A.1(7
(Rev. 7/12)
,20/ ?.
(Signature)
(Print Name)
1
IA