Claim by Mary MoyerBARRY A. LINDAHL, ESQ.
CITY ATTORNEY
~UIEMO
To:
DATE:
RE:
Claimant
Mayor Roy D. Buol and
Members of the City Council
March 1, 2007
Claim against the City of Dubuque by Mary V. Moyer
Date of Claim
Mary V. Moyer
02/21 /07
Date of Loss
Nature of Claim
02/12/07 Vehicle Damage
This is a claim in which the claimant alleges that after turning right onto the alley
between Central Avenue and White Street from 15th Street, her vehicle was damaged
after encountering many ruts in the alley.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street & Sewer Maintenance Supervisor
Mary V. Moyer
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@cityofdubuque.org
BARRY A. LINDAHL, ES
CITY ATTORNEY
MEMO
To:
DATE:
RE:
Claimant
Mayor Roy D. Buol and
Members of the City Council
March 1, 2007
Claim against the City of Dubuque by Mary V. Moyer
Date of Claim
Mary V. Moyer
02/21 /07
Date of Loss
02/12/07
Nature of Claim
Vehicle Damage
This is a claim in which the claimant alleges that after turning right onto the alley
between Central Avenue and White Street from 15th Street, her vehicle was damaged
after encountering many ruts in the alley.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street & Sewer Maintenance Supervisor
Mary V. Moyer
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@cityofdubuque.org
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ~~,~ r 1~~Z~
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. 13~' 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:_~+ . Y y ~
2. Address: a 1 _~ S ~u ~~A U Q,'Le
3. Telephone Number: ~ ~(9 3~ 5 c~8 '
5. Time of Incident: I a • ~1~ Prn
~~~~~
4. Date of Incident: ~~~~ ~, -- C~~
6. Location of Incident (Be specific): ~ ~ ~ ~ r, 5 +~' .S ~~
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.)
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8. What were weather conditions like?
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9. Give name and address of any witnesses: Neh~
10. Did police investigate? (If so, give names of officers.)
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
NO
February 19, 2007
Dear City Council Members,
Ai approximately 12:40 p.m. on Monday, February 12, 2007, I made a right turn to go
south into the alley off 15~'street which is located between Central Ave. and White St.
This alley is used daily for employee's to gain entrance to park in paid reserved parking
spots at St. Mary's and also the Conlon Parking Lot. I have a reserved parking spot in the
Conlon Parking Lot. Before I even was fully in the alley I heard a loud noise under my
car on the left side and the front of my car had dropped down from the surface I was
driving on into water. The alley appeared to look like soft deep slush, snow, and water
when I started into the alley. Had I know what I was about to get into I would have never
gone in there. The whole alley was actually thick ice, snow, and water throughout the
first 1/3rd of the alley. Since I could not back up I proceeded very slowly through the
alley to get to my parking spot. It was very rough and with thick ice and ruts. When I
got to my parking spot I looked at the front of my car and found a piece of broken plastic
lying in front of my car. I walked back to see what I hit and I found another large piece
from right front bumper of my car lying on the left side entrance of the alley. I was very
upset as I just bought my new 2007 Impala car only a month ago. I went into work and
told my Co-workers what happened and one of my Co-workers said this problem in the
alley had been going on the previous week and the City had been notified of it. This Co-
worker had in fact called the City Clerk's Office the morning of my mishap because at
least 3 people had gotten stuck in the alley the morning of my incident and one of the
residents that lives in an apartment in the alley told my Co-worker that she had fallen
twice in the alley. The City Clerk's Office replied they were aware of it and it was
supposed to be taken care of the following day. I then called the City Clerk's Office
myself and told her what happened to me. She said again it would be taken care of the
next day. I asked the City Clerk's Office to send me a claim form for my car and she said
the City Council will then decide if they will pay for my damage. I was very upset about
my car and my Co-worker who also parks in the St. Mary's lot went out bought a
disposable camera and went back to the alley to take pictures of the alley for me. When
my Co-worker went back to the alley to take the pictures there was another woman (Kate
Perrin) stuck in the same spot my car was damaged but she was going out the opposite
way I was going. She had to have a tow truck come to get her car out because it was
stuck in deep ice and water. I have pictures of her car in the alley before the tow truck
came. At the time my Co-worker was in the alley, John Klostermann, the Street/Sewer
Maintenance Supervisor, showed up to see the alley. My Co-worker told John about
what happened to me earlier and he also was there when Kate Pemn's car got stuck in the
alley. John gave my Co-worker his card to give to me and also gave this information to
Kate Perring who was stuck in the alley. My Co-worker said John told her to tell me to
send my estimate to him. At the time Kate Perrin was still stuck in the alley, there were
barricades put in the alley at one end which is included in one of my pictures. When I
went to go home at 5:00 pm, there was yellow caution tape, barricades and a large
Backhoe and City of Dubuque truck cleaning up the alley. I have worked for this
cornpany 17 years and have never had anything like this happen in this alley.
I am asking the City Council to please pay for my car damage. I feel the City was well
aware of this problem long before my incident and it was still an ongoing problem when I
went home from work Friday evening, February 16'x'. They could have at least put up a
sign or barricades to prevent people from damaging their cars and getting stuck. I talked
to Sohn Klostermann on Friday February 16'x' to ask him what all I need to do to get my
car repaired. He told me to fill out the claim form and send it back to the City Clerk, with
an estimate, and the City Council will make the decision. John also told me I could put
his name down on my claim form. He did not see my car damage because he came to see
the alley after my incident but he did see the other woman's car and saw the condition of
the alley within an hour or so after my incident.
On Monday February 19~', I took my car to Runde Chevrolet where I purchased the car to
get an estimate on the damage. I had the Service Department and the Body Shop (Mike
Runde), check my car for damage. The Body Shop said the one piece I found broken was
the Cooling Air Deflector from under the left side under my bumper which is on the
estimate. The other piece I found is part of the left side of the bumper. The bumper is
also broken underneath and there are also stress cracks on the bumper which Mike Runde
said could cause the paint to peel off the bumper. I have attached the estimate from the
Service Department to look my car over which was $2$.00 and also the estimate from the
Body Shop to repair the damage on my car which was $944.64 for a total estimate of
$972.64.
Thank you for your time and consideration in this matter.
Sincerely,
Mary V Moyer
2135 Key Way Drive
Dubuque, IA 52002
(563) 588-4477
1-
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780 Rt. 35 N
East Dubuque, iL 61025
1-800-947-$+633
Fax 8i 5-747-7721
INVOICE ORIGINAL
Work Order
#25524
February 19, 2007
Svc.Adv Frett, David J.
Cust.Ph. (563) 588-4477
Tag#
Page 1 of 1
02/19/2007 12:33:05
nr~E
^ rAUTO GROUP.COM
CHEVROLET• BUICK•SUZUK{
FORD•CHRYSLER• DODGE•JEEP
To Eric Moyer Year: 2007 Veh Id: 57108 Unit #:79214939
Make: Chevrolet License #:
2135 Keyway Dr. Model: Impala LTZ Sedan Odo. In: 898
Color: SILVERSTONE-METAL Odo. Out:
Dubuque IA V.I.N.#:2G1WU58R379214939 Next Service:
52002 Date In: 02/19/2007 In Service Date:01/04/2007
Out: 02/19/2007 Cases:1
=xt. War: R/Lab. Rate 70.00
Promised Time: 02/19/2007 12:00:00 / Call When Ready: No
Case: 1 Customer states car hit hole in street and broken parts off around left front corner of car -owner wants
inspected and est. from body shop if needed
Cause:
Quantity DescriptionlCorrection
Customer states car hit hole in street and broken
parts off around left front corner of car -owner
wants inspected and est. from body shop if
needed -Tech Cause:Found front bumper cover
& cooling air deflector broken
Completed by Technician number: 0177
Misc $0.00 Labor $28.00 Parts $0.00 Prepaid Parts Amt: $0.00
Case Total: $28.00
$0.00
Indebtedness is hereby acknowledged for the 'Total Charges" being all or Currency U.S. Dollars Labor: $28.00
the balance owing to repairs, parts & accessories described in this work Parts: $0.00
O order.
Payment Ref: Misc: $0.00
U Expiry Date: Sub Total: $28.00
P/O#:
T Tax: $0.00
02/19/2007 ,_. _
Date Signature
Total: $28.00
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Price Total
$28.00 $28.00
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Damage Assessed By: MIKE RUNDE
Runde Chevrolet Inc.
Rt. 780 ,Hwy 35 North, East Dubuque, IL 6102E
(815)747-3011
Fax: (815) 747-2552
Tax ID: 36-4320504
Accident Date: 2/19!2007
Deductible: UNKNOWN
Owner: ERIC & MARY MOYER
Address: 2135 KEYWAY, DUBUQUE, IA 52002
Telephone: Home Phone: (563) 588477
Mitchell Service: 910565
Description: 2007 Chevrolet Impala LTZ
Body Style: 4D Sed
VIN: 2G1 WU58R379214939
Color: SILVER
Date: 2/19/2007 12:26 PM
Estimate ID: 1362
Estimate Version: 0
Preliminary
Profile ID: CUSTOMIZED
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Drive Train: 3.9L Inj 6 Cyl 4A FWD
Line Entry Labor Line Item Part Type/
Item Number Type Operation Description Part Number
1 001705 BDY REMOVE/REPLACE FRT ADD W/FOG LAMPS
2 900500 BDY * REPAIR TINT COLOR Existing
3 900500 BDY * REMOVE/REPLACE FLEX ADDITIVE New
4 900500 BDY * REPAIR ****** UNSEEN DAMAGE OPEN *****"***** Existing
5 000036 BDY REMOVElREPLACE FRT BUMPER COVER 89025047 GM PART
6 AUTO REF REFINISH FRT BUMPER COVER
7 W/ FOG LAMPS
8 000633 BDY REMOVE/REPLACE COOLING AIR DEFLECTOR 10346635 GM PART
9 AUTO REF ADD'L OPR CLEAR COAT
10 AUTO ADD'L COST PAINT/MATERIALS
11 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL
* -Judgment Item
# -Labor Note Applies
C -Included in Clear Coat Calc
Dollar Labor
Amount Units
0.3 #
0.5"
5.00 * 0.0*
0.0*
359.39 2.0 #
C 2.9
58.36 0.6 #
1.2*
123.00
2.05
Add'I
Labor Sublet
I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount
Body 3.4 48.00 0.00 0.00 163.20 Taxable Parts 422.75
Refinish 4.1 48.00 0.00 0.00 196.80 Sales Tax C4 6.750% 28.54
Non-Taxable Labor 360.00 Total Replacement Parts Amount 451.29
Labor Summary 7.5 360.00
ESTIMATE RECALL NUMBER: 2/19/2007 12:25:50 1362
UltraMate is a Trademark of Mitchell International
Mitchell Data Version: JAN_07_V Copyright (Cj 1994 - 2005 Mitchell International Page 1 of 2
UltraMate Version: 6.0.020 All Rights Reserved
~ Date: 2/19/2007 12:26 PM
Estimate ID: 1362
r Estimate Version: 0
Preliminary
Profile ID: CUSTOMIZED
III. Additional Costs Amount IV. Adjustments Amount
Taxable Gosts 123.00 Customer Responsibility 0.00
Sales Tax ~ 6.750% 8.30
Non-Taxable Costs 2.05
Total Additional Costs 133.35
I. Total Labor: 360.00
II. Total Replacement Parts: 451.29
lll. Total Additional Costs: 133.35
Gross Total: 944.64
IV. Total Adjustments: 0.00
Net Total: 944.64
This is a preliminary estimate.
Additional chan ges to the estimate maybe req uired for the actual repair.
ESTIMATE RECALL NUMBER: 211 912007 1 2:25:50 1362
UltraMate is a Trademark of MitcheN International
Mitchell Data Version: JAN_07_V Copyright (C) 1994 - 2005 Mitchell International Page 2 of 2
UltraMate Version: 6.0.020 All Rights Reserved
n~ECrrvoF ~ Public Works Depaztment
~:: z 925 Kerper Court
~. * _. ~ J ~ ' ~L~D !. , ~- Dubuque, Iowa 52001-2405
cc . ~~ (563) 589-4250 office
~ilh.~g.~6bt~i (563) 589-4252 fax
(Q/ /// jklosterQcityofdubuque.org
John Klostermann
StreetjSewer Maintenance Supervisor
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