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Claim by Michael for Thelma McGinnisL _/ BARRY A. LINDAHL,~I SQ. CITY ATTORNEY C7 CJ`c~"v M E M o~~,- ~~ ~ °,.,~~ ~~ ~ To: Mayor Roy D. Buol and _ O ;-n Members of the City Council 3'' ~ ©° ® N DATE: April 9, 2007 RE: Claim against the City of Dubuque by Michael & Sue McGinnis on behalf of Thelma McGinnis Claimant Date of Claim Date of Loss Nature of Claim Michael & Sue McGinnis 04/06/07 03/30/07 Personal Injury on behalf of Thelma McGinnis This is a claim in which the claimants allege that a minibus driver neglected to properly secure Thelma McGinnis, who was traveling in a motorized cart, into the minibus. When the driver attempted to turn the corner at John F. Kennedy and Asbury Roads, the motorized cart tipped over, injuring Thelma McGinnis. 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 Jon Rodocker, Transit Manager Michael & Sue McGinnis 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 ~- 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. ~' ~ ti ~~ ~ti~'~'~"~''> ~~,~~,~ ~~~~ 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. ~~ ,g~,~ ~~ a ~ ~ ~~~~u~J~S~ 1. Name of Claimant: ~i t.. .y1;~ t r ~ /'1'C 2. Address: //~~/% it ~' c -~ w~~" 3. Telephone Number ~S~ _=~ -- ,`_~~/~~ ~ 4. Date of Incident: ~.4ti ~ ~~ : ,~C~~ 7 5. Time of Incident: ,~,~~5c~ 'f ,%~ •` ~~'~ ~yI?. 6. Location of Incident (Be 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 name.) 8. What were weather conditions like? 9. Give name and address of any witnesses: /7yI~.e~i,g el ; Flu !~ b~ rcQ _'S~ 7 __ J~ ~ ~_~ '~~~ yft/~l2d.U~ ~r/ ~~ 10. Did police investigate? (If so, give names of officers.) A)~ 11. Was anyone injured? (If so, give names, addresses, and extent of inj __ _ _ . _ .~ 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.) ~r.L)n 15. What amount do you claim from the City of Dubuque? ~T- ~ e i~ JyI i n ~ ~ 16. Why do you claim the City of Dubuque is responsible? ~S'~ ~ ~~ ~A ~ !~ ~ ~~f 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give riame and address.) 2?~j 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? ~~ Dated this ~ day of ~ ri~ ~ 20a~1~f1a~C] ~, ~~ . ~ . ~ ~ - Iii ~~i~ ~~ ;. (Signature) add `~ t Z ~ I 1 N~ ' 9' (Print Name) ~~~~J3~ 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.) ~(,L~ 7. Describe the accident or occurrence that caused injury or damage. Thelma McGinnis was picked-up by the mini-bus from 3046 Asbury Rd, the E-clips beauty salon Friday, March 30, 2007 around 12:45 pm. Thelma was placed on the bus by way of the ramp. After questioning the mini-bus Transit Manager of how long it takes to secure a motorized cart the manager said "between five and seven minutes". A witness said that from the time Thelma was placed on the mini-bus to the time the driver got in his own seat was approximately two or three minutes. On the ride to her residence Thelma told the driver to slow down because she felt he was driving to fast. As a result her motorized cart tipped over going azound the corner of John F Kennedy and Asbury roads. Thelma was taken to the hospital by the mini-bus and treated for a collar bone fracture, scapulaz fracture, and skull fracture. She was hospitalized from Friday (Mazch 30, 2007) afternoon until Tuesday (April 3, 2007) afternoon. Prior to the accident, 'Thelma was living on her own without assistance. Since the accident she has been placed in the Manor Caze facility. According to her doctor, Thelma may never fully recover from these injuries and may never return to her home. Jon Rodocker (Transit Manager) refused to give us the name of the driver or a copy of the accident report. 13. What other damages do you claim if any? Her quality of life is forever changed. She can no long participate in her card clubs, family birthday parties, holiday gatherings, and social outings with her friends and family. Thelma has lost her independence in life. She now is at the mercy of others, to dress her, take her to the bathroom, to use the phone, and to get food and a drink. The life that she once knew is now over. 16. Why do you claim the City of Dubuque is responsible? We believe that the driver neglected to strap Thelma in properly if at all and was driving way too fast to make the turn on Asbury and John F. Kennedy roads. Because of these cazeless actions she now has life altering injuries. The city of Dubuque owns the mini- bus therefore, needs to take full responsibility.