Pizzimenti vs. City of Dubuque (Nicole Kennedy)THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
BARRY LIND
CITY ATTOR
To:
Ma
Me
r Roy D. Buol and
ers of the City Council
DATE: October 30, 2013
RE: Nicole Kennedy et al. vs. Theresa Rivard and Marco Pizzimenti -
Pizzimenti vs. City of Dubuque
This case arises out of an automobile accident which occurred on January 23, 2010
when an automobile owned by Defendant Pizzimenti and operated by Defendant Rivard
collided with an automobile owned and operated by Plaintiff Nicole Kennedy. The
Plaintiffs alleged that Defendant Rivard failed to stop at a stop sign and collided with
Plaintiff Nicole Kennedy who thereby sustained severe and permanent injuries in the
collision caused by Defendant Rivard.
At the time of the accident, the intersection was a part of a traffic control reconstruction
project. The City had entered into a contract with the general contractor A & G Electric
for the work, including temporary traffic control. The City of Dubuque was named as a
Defendant because it was a City project.
A & G has been defending the case on behalf of the City of Dubuque under the
Indemnity Agreement in the A & G contract.
The case which was set for trial in November has now been settled at no cost to the
City of Dubuque.
BAL:tls
cc: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Les Reddick, Esq.
F: \USERS \tsteckle \Lindahl \Kennedy Nicole vs Rivard & Pizzimenti - Pizzimenti vs City\ MayorCouncil _CaseSettled_103013.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
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TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org