Claim by Melanie Flesch~;
CLAIM AGAINST THE CITY OF DU~UQUE, 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 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney's Office. 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: (~'~, ~ ~ ~ ~ ~ C F ~ e=Sr
2. Address: ~ 4 ~ C \~cti~c~- Q~.~~ ~ F a~ ~v~~ .~. ~L ~~L. ~~ ~0~1
3. Telephone Number 5~3 - ~y~,- ~ ~5
4. Date of Incident: ~,p,_r.r~ ~. ~~~
5. Time of Incident: ~ ~ X15 0.• t`~l
6. Location of Incident (Be specific):
r
8. What were weather conditions
9. Give name and address of any witnesses:
nth
10. Did police investigate? (If so, give names of officers.
7. Describe the 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.) pp
Accident Account according to Melanie C. Flesch
On Friday March 9, 2007 at 7:55 a.m. I, Melanie Flesch, was traveling on 14`"
Street toward White Street when I made a left hand turn across traffic into the alley that
runs parallel to Central Avenue and White Street. I was trying access my paid parking
space in the St. Mary's Church parking lot. As I entered the alley a white four door
vehicle was stopped in the alley ahead of me. I had to stop with the rear end of my
vehicle out in traffic on 14t" Street because of the location of the white vehicle in the
entrance of the alley. The white vehicle was stopped because a garbage truck owned by
the City of Dubuque was parked in the center of the alley blocking traffic from traveling
down the alley. Please reference photograph 1, 2, and 3 of the general location of the
garbage truck and white vehicle upon my entrance into the alley. I was unable to see the
garbage truck or white vehicle prior to entering the alley due to the large brick building
blocking my view of the alley. Reversing and backing out onto 14'" Street did not seem
like a logical conclusion due to the amount of traffic that is normally traveling on that
road during that time of the day.
The white vehicle then proceeded forward and made a right hand turn into the
first aisle of parking spaces in the Dubuque Bank and Trust private employee parking lot
iii order to move around the garbage truck. I was then able to move forward out of the
line of traffic on 14t" Street. I then proceeded to move around the garbage truck in the
same manner as the white vehicle. As I moved forward to make the right hand turn into
the first aisle of parking spaces the garbage truck moved forward. I sharply turned my
wheel in order to avoid a collision between the garbage truck and myself. As I abruptly
turned to avoid a collision, my car scraped a metal structure that is attached to the
telephone pole at the entrance to the first aisle of Dubuque Bank and Trust parking
spaces. Please reference photograph 4 of the telephone pole and metal attachment.
The garbage truck was close enough that if I had not abruptly turned my wheel
the left front fender of my car would have collided with the garbage truck thus doing
damage to the garbage truck as well. After my car scraped the metal structure on the
telephone pole, I stopped my vehicle, got out and proceeded to look at the right side of
my vehicle. I noticed the scrap and proceeded back to the driver's side in order to move
lny vehicle out of the way in case another employee needed to gain entrance to the aisle
to park. I looked directly at the driver of the garbage truck and he looked directly at me.
f assumed he had heard me scrap my car and that he would remain where he was.
As I moved my vehicle out of the way the garbage truck left. I did not have my
cell phone on me at the time of the incident so it could not be reported to police
immediately. I parked my vehicle and went in to my desk where I called the public
works department for the City of Dubuque. I phoned the public works department (589-
4250) at around 8:10 a.m. I spoke to the secretary and informed her of the incident. She
then had the foreman contact me and I explained the incident to him. He phoned me
from 543-7527. Before he called me back he spoke to the driver of the garbage truck
over the two-way radio and he said he was aware that something had happened because
o f the way I looked at him when I went to check my vehicle. The foreman then told me
that he would have his supervisor contact me.
I was then phoned at around 10:30 a.m. by Paul Francis Schultz, the Solid Waste
Management Supervisor (589-4249). He informed me that the police would need to be
contacted in order for an investigation to be conducted and a report filed. I was to me
him, the garbage truck with the driver, and the police at the location of the incident at
11:45 a.m. After all parties had arrived the police then informed Mr. Schultz and myself
(the driver remained in the garbage truck) that they could not file a report because the
telephone pole was located on private property and there was no damage to the city
vehicle.
The only damage suffered was to the right side of my vehicle in front of the rear
tire where it scraped the metal structure. Please reference photographs 5, 6, 7, and 8.
There is no damage to the pole as you can see by referencing photograph 9. I am seeking
payment of $688.13. This is cost on the estimate done by Keiffer Body Shop of East
Dubuque which was conducted on March 9, 2007 at 1:15 p.m. This amount will fix the
damages to my vehicle only. I am not seeking any other damages and do not wish to get
the driver of the garbage truck in any trouble.
This statement is true to the best of my knowledge on this day March 14, 2007.
r~~d~M~ c, t. ~, ~,
Melanie C Flesch
~~ ~~f -~7
Barry A. Lindahl, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesgQcityofdubuque.org
March 9, 2007
Melanie Flesch
645 Clinton Avenue
East Dubuque, 1L 61025
RE: Claim Against the City of Dubuque
Dear Ms. Flesch:
THE CITY OF
DuB E
~~:,~~
If you wish to file a claim against the City of Dubuque regarding alleged damage to your
vehicle, we would request that you fill out the attached claim form and mail it to the City
Clerk's Office at the following address:
Ms. Jeanne Schneider, City Clerk
City Hall -City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
Once the claim has been stamped in by the City Clerk, it will be forwarded to the Legal
Department for investigation.
Very sincerely,
~~
Tracey Stecklein
Legal Secretary
Enclosure
cc: Paul Schultz, Solid Waste Management Supervisor
Service People Integrity Responsibility Innovation Teamwork
THE CnY OF ~~
~L1 BL~f?~L.' ~
Public 1Norks Department
925 Kerper Court
Dubuque, Iowa 52001
Phone: (563) 589-4249
Fax: (563) 589-4252
Email: pschultz®cityofdubuque.org
Paul Francis Schultz
Solid Waste Management Supervisor
Prinh•d nn 5090 rrcptfrd pnper v~ith 30"~ pn>f-rnn cumrr con hv~t.
Kieffer Body Shop
20100 US 20 WEST, EAST DUBUQUE, IL 61025
(815) 7473044
Fax: (815) 7473044
Tax ID: 363028967
Damage Assessed By: Randy Beadle
Deductible: 0.00
Claim Number: NA
Owner: MELANIE FLESCH
Address: 645 CLINTON STREET, EAST DUBUQUE, IA 61025
Telephone: Home Phone: (563) 542353
Mitchell Service: 918497
Date: 319/2007 01:20 PM
Estirrwte ID: 3101
Estimate Version: 0
Preliminary
Profile ID: Mitchell
Description: 2001 Chevrolet Monte Carlo LS
Body Style: 2D Cpe Drive Train: 3.4L Inj 6 Cy14A FWD
VIN : 2 G 1 W W 12 E 319293478
Options: CRUISE CONTROL
Line Entry Labor Line ttem
Item Number Type Operation Description
1 801235 BDY REPAIR R SIDE BODY PANEL ASSEMBLY S
2 REF REFINISH/REPAIR R SIDE BODY PANEL ASSEMBLY -S
3 MODIFIED REFINISH WITH FULL CLEAR COAT
4 802084 BDY REMOVE/REPLACE R ROCKER MOULDING
5 801552 BDY REMOVE/INSTALL R REAR COMBMIATKHII LAMP
6 801597 BDY REMOVEIINSTALL REAR BUMPER ASSY
7 AUTO REF ADD'L OPR CLEAR COAT
8 933018 REF ADD'L OPR MASK FOR OVERSPRAY
9 AUTO ADD'L COST PAINT/MATERUU_S
10 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL
* -Judgment Item
# -Labor Note Applies
C -included in Clear Coat Calc
Part Type/
Part Number
Existing
15869285 GM PART
Add'I
Labor Sublet
I. Labor Subtotals Units Rate Amount Amaint Totals 11. Part Replacement Summary
Body 4.4 48.00 0.00 0.00 211.20 Taxable Parts
Refinish 4.7 48.00 5.00 0.00 230.80 ~~ Tax ~
Non-Taxable Labor 441.80 Total Replacement Parts Amount
Labor Summary 9.1 ,µ1.8O
ESTIMATE RECALL NUMBER: 3! 9!2007 13:20:17 3101
UttraMate is a Trademark of Mitchell International
Mitchell Data Version: FEB 07 A Copyright (C) 1994 -2005 MttcheN Intemational
UttraMate Version: 6.0.021 All Rights Reserved
Dollar Labor
Amount Units
2.0* #
C 2.5*
95.37 0.7
0.3
1.4
2.2*
5.00
141.00
4.00 '
6.250%
Amount
95.37
5.96
101.33
Page 1 of 2
~_,
III. Additional Costs
Non-Taxable Costs
Total Additional Costs
Date: 3/ 9/2007 01:20 PM
Estimate ID: 3101
Estivate Version: 0
Prelmmnary
Profile ID: Mitchell
Amount IV. Adjustments
145.00 Insurance Deductible
145.00 Customer Responsibility
I. Total Labor:
11. Total Replacement Parts:
III. Total AddRional Costs:
Gross Total:
IV. Total Adjustments:
Net Total:
This is a pfeliminarv estimate.
Additional changes to the estimate may be required for the actual repair
ESTIMATE RECALL NUMBER: 3/ 9/2007 13:20:17 3101
UltraMate is a Trademark of Mitchell International
Mitchell Data Version: FEB_07 A Copyright (C) 1994 -2005 Mitchell kkernational
UttraMate Version: 6.0.021 All Rights Reserved
Amount
0.00
0.00
441.80
101.33
145.00
688.13
0.00
688.13
Page 2 of 2