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Claim by Jacqueline MoellerBARRY A. LINDAHL, ESQ. ~~.- CITY ATTORNEY MEMO To: DATE: RE: Claimant Mayor Roy D. Buol and Members of the City Council March 21, 2007 Claim against the City of Dubuque by Jacqueline Moeller Date of Claim Jacqueline Moeller 03/06/07 Date of Loss 02/13/07 Nature of Claim Vehicle Damage This is a claim in which the claimant alleges that her vehicle, which was parked in front of her residence at 1805 Jackson Street, was struck by a City of Dubuque Police squad car as the squad car attempted to back up. According to the report of Kim Wadding, Chief of Police, an investigation of the alleged accident was conducted and it was determined that claimant's vehicle was struck by a marked patrol unit. The officer driving the patrol unit was cited for unsafe backing. It is therefore the recommendation of Kim Wadding to approve this claim for the amount of the submitted estimate of $129.47. The City Attorney's Office concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Kim Wadding, Chief of Police Jacqueline Moeller 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 THE CITY OF DuB E ~~~~ DATE: March 20, 2007 TO: Barry Lindahl Legal Department FROM: Kim B. Wadding Police Chief RE: Claim against the City of Dubuque by Jacqueline Moeller INTRODUCTION The purpose of this memorandum is to reply to the claim file against the City of Dubuque by Jacqueline Moeller concerning a motor vehicle accident occurring on March 16, 2007 at approximately 6:50 P.M. BACKGROUND On March 16, 2007 at approximately 6:50 P.M. Officer Jamie Karshbaum, while backing her marked patrol unit east on 18t" Street approximately 50 feet west of the intersection of Jackson Street, struck a 1989 Ford F250 pickup truck that was legally parked along the north curb of 18t" Street. The 1989 Ford F250 pickup truck is owned by Jacqueline Moeller, 1806 Jackson Street Dubuque, Iowa. DISCUSSION An investigation of the accident was conducted by Officer Chad Leitzen and reviewed by Lieutenant Jim Lembke of the Dubuque Police Department. As a result, Officer Karshbaum received a citation for unsafe backing (City Ordinance: 32-167). RECOMMENDATION Based upon these circumstances, I recommend payment of the vehicle damage to Jacqueline Moeller in the amount of $129.47 regarding damage to her 1989 Ford F250 pickup truck occurring March 16, 2007. ACTION REQUESTED Action requested is to issue payment to Jacqueline Moeller in the amount of $129.47 for vehicle damage of her 1989 Ford F250 pickup truck occurring March 16, 2007. __ _ _ _ __ -- _ ;,~ ,~ ,~ ~ i~~,~~~ 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 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: 2. Address c 3. Telephone Number ~b~ -- ~~ ; ~3 ~~ 4. Date of Incident: ~ -- `~ ~ ~~ 5. Time of Incident: ~.~~ 6. Location of Incident (Bg specific): _ , 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 Warne.) 8. What were weather conditions like? nrr~=~ 9. Give name and address of any witnesses: l~lc~r-~ ~ ~~ ~-- j ~ o ~~ 0. Did polite investigate? (If so, give names of officers. 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? ~~ 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.) 15. What amount do you claim from the City of Dubuque? ~ /~~. ~ '~ 6. Why do you claim the City of Dubuque is responsible? ~ ~~ i - ~ 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amoutat? ~,f^i Dated this ~_ day of ~ , 20~. C? ©`~ c_ cj' ~ ~. cv C7 v 0 -., rn w ~~ ~3 ( rint me) 1 Driver fnformatioh Exchange Report Dubuque Police Department 563-589-4410 Driver's Name -Last First Middle ~ Suffix Date of Birth U KARSHBAUM JAMIE SIMPSON I 08/10/1979 ~ -:~idress City State Zip Phone ' ~ ?70 IOWA ST (563) 589415 x '~ LDUBUQUE IA 52001 y - -- - - Driver s License Numb Female 024XX4147 _ _ -- ---- - --- _^- -,- -- . er Class Std ateTEndorsements Pestrdions Insurance Co. Name Insurance Co. Phone # C ~ IA NONE NONE IOWA COMM. ASSUR. POOL (563) 589410 x ,,li,++~ •; .; ~,r company Name ~ ~ Insurance Policy # ICAP 0300 - _ - - Ov:rer's Name -Last -~- 'First Middle Suffix CITY OF DUBUQUE CITY _~D _ _ Address State Zip City 50 W 13TH ST _ -_--- - _ __ _ _- -DUBUQUE IA 52001- _-- _ v','a No. ~ ~ --- V r Year ~ Make Model Style Vehicle C-+~`~~-iurahu~ ~ 2FAHP'1W44X134629 ~ I 01 2004 FORD CROWN VIC POLI 4D L erase Plate # State Year Most Damaged Area Approximate Cost to RapaA - 00 $200 83072 . IA 2007 ; 05 -Rear _ - ~ _ _ Dri~ers Name -Last _ _ __ - _ ~-- First Middle ~~.!ifix Date of Birth r n, -.,ldrsass ~ City ° ~ Zip Phone ~A ~ ~ ------ -- -- -~-_ --r_ _~ -- --- - t,,l+er"s License Numb r er Class State i Endorsernentsl Restr~utr, =s' Insurance Co. Name Insurance Co. Phorr= p IA 'NONE V NONE " ~ _ ;ner Comp ,ray Name r Insurance Policy # .1, . ~ s Na,ne - _ast First I Suffix Middle T -_____ - .":OELLER JACQUELI ~ NE - r _ ~ M __ -_ S ±: e s _ tuft S~Ct`:~ON ST __ _ _ r-ity DUBUQUE State Zip IA 52001- -- -- _ r, Year Make Model I Style ~ Jehicle : `__ - 2F r HF 1br±dKCA81460 ~ORD 1989 ~ F250 ;. PK 02 - --- ale # _ Slate ~Yea~r - - ~ Muot Darn. ged Area ~~ Appro<ima[e Coo ., - - r. n _. _ to ?I r1nR i 01 -Front $50.p0 _ _ __ Accident occ.,rrad J,ithir, ~r~~p:,rate limits of (crty) yu;,~,r . Dubuque-2100 - _ -- - - L 1~7H ST ~- I Y-Coordinate ~ rP',c ~~04709046 _-- -._-. __ - _ Y___ ".r ~ursi e of uty -~Direc'u _. _ nearest Ci~y r c ! T t _ , ~r - a~ ~ .r, r,; N/A" ~ „NIA " of 'N!A' ~ el Di e tion rav "N!A" I 1 : rcr ~:a - aet. or Highv,a, ---- - At Intersection with: ~ 8TH ST "N/A" - - _ I Direction 'Distance " " 1 Direction " Milepost .tuber " " SJFt , 7 W N/A and N/A of N/A -,.f~ ia'„=- _ c ~_'ya r arca rainy - '18TH AND JACKSON raft,<<~ - - T E C AD g Bad e No. 20A ~Lav~ Enforcement ,~- ' ~•+ ,+e + ,+ _ ~e+,t r_e 01 07 9430 03/05/2007 'u N ~ Ac. d~ 18 50 Hrs LEi N. Z H , . __- - Printed At: Dubuque % ~hce Departrn.ent 03/09!2007 07:09 PM Page ~ Form #: 01-07-9430 • BUTCH VALENTINE ESTIMATE TERRY VALENTINE Valentine Bros. Body Shop 375 EAST 9TH STREET DUBUQUE, IOWA 52001 PHONE (563) 556-3484 Name ~J ~ off ~+(' ~! ~ L'`G1 '~ ~' Date ~ '~ f~ ~ ~7 Address /z~ Phone L ,.~ -- Model ~~,~~ l ` 0'/f /~' /=~~,~D~ License No. Estimate of Material and Labor Required Material Labor _ Z r ~~ ~c > ,S .~~ ESTIMATE SHEET AND REPAIR ORDER Totals ~~C.J This estimate is based on our inspection and does not cover additional material or labor which may be required after the work has been started. After the work has started, damaged material which was not evident on first inspection may be dis- ~ covered. Naturally this estimate cannot cover such contingencies. This estimate is ''~ _ 7 '~ for immediate acceptance. Grand Total ~ ms wrR hurnvr~saw or