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Claim Response - Chapman, JoeBARRY A. LINDAHL, E:.~S .~ CORPORATION COUNSEL,C~Y OF DUBUQUE MEMO To: Mayor Terrance M. Duggan a~d Members of the City Council \1 DATE: January 14, 2002 RE: Claim Against the City by Joe Chapman Claimant Date of Claim Date of Loss Nature of Claim Joe Chapman 12/21/01 12/11/01 Property Damage The Claimant states that a City refuse collector threw his Rubbermaid trash container onto the ground, cracking it. According to the report of Paul Schultz, Solid Waste Management Supervisor, he spoke with the crewmember who had collected the claimant's refuse that day. The employee indicated that he did not recall anything specific about this collection setout. Staff then investigated the alleged damage, spoke to the customer, and took a photo of the fresh crack. The description of the cause of the damage appeared possible, but rare for newer Rubbermaid containers. Mr. Schultz recommends that this claim be approved for payment. The Legal Department concurs with this recommendation. BALJtls Cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Paul Schultz, Solid Waste Management Supervisor Joe Chapman SUITE330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET CITY OF DUBUQUE, IOWA MEMORANDUM December 27, 2001 TO: FROM: SUBJECT: Jessica Mullen, Legal Department Patti F. Schultz, Solid Waste Management Supervis~ Claim of Joe Chapman Claim is acceptable as filed. I spoke with the crewmember collecting this customer who did not recall anything specific about this collection setout. One of my staff investigated the alleged damage, spoke to the customer, and took a photo of the fresh crack. The description of the cause of the damage appears possible but is rare for newer Rubbermaid containers. The estimate of the replacement cost for the damage is within a high range for refuse containers.