Claim by Michael ElliottBARRY A. LINDAHL, ESQ
CITY ATTORNEY
MEMO
~~-1~°
To: Mayor Roy D. Buol and
Members of the City Council
DATE: May 17, 2007
RE: Claim against the City of Dubuque by Michael Elliott
Claimant Date of Claim Date of Loss Nature of Claim
Michael Elliott 05/14/07 March 2007 Property Damage
This is a claim in which the claimant alleges that the gutters and down spout on
claimant's garage were damaged while a City of Dubuque refuse truck was attempting
to turn to exit the alley behind 301 South Grandview Avenue.
According to the report of Paul Schultz, Solid Waste Management Supervisor, the type
of tire tread marks left in the alley behind 301 South Grandview resemble those of a City
refuse truck. Additionally, it would be unlikely that any other high profile truck would use
that alley.
It is therefore the recommendation of Paul Schultz to approve this claim for the amount
requested on the claimform, of $195.00. The City Attorney's Office concurs with this
recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Michael Elliott
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
Masterpiece on the Mississippi
MEMORANDUM
May 15, 2007
TO: Barry A. Lindahl, Esq., Corporation Council
FROM: Paul F. Schultz, Solid Waste Management Supervisor
SUBJECT: Claim of Michael K. Elliott
The claim and estimate is recommended to be approved as filed for
$195.00.
Michael K. Elliott submitted a claim alleging that one or two of the City's
solid waste collection trucks on two occasions in March and/or April 2007 made
too sharp a turn exiting the narrow alley behind 301 South Grandview striking the
garage downspout and damaging the gutter.
Upon investigation, none of the three collection trucks servicing that alley
could remember getting close to or damaging the gutter and downspout.
However, the type of tire tread marks cutting the corner and the fact that it is
extremely rare for any other high profile truck to use that alley has lead me to
conclude that it was almost certain that one of our collection trucks caused the
damage.
Claim Form
Page 1 of 2
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
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This written report constitutes your claim against the City of Dubuque, Iowa. You should com lete this form in~~
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full and attach any additional information that supports your claim.
The claim must be filed with the City Clerk at City Hall, 50 West 13~h 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. G. d ~ ~ JC ~ ~~ 1\l, ~~t d '~/
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2. Address: _ 3 ~ ~ S ('t-ru r~ GF ti ! C~~.' ~7' U '~- ,
3. Telephone Number:
4. Date of Incident:
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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.)
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10. Did police investigate? (If so, give names of officers.) ~ z ~-~
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) ~ ~~
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12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates
of da ~ es or describe basis for ascertaining extent of damage.)
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13. What other damages do you claim, if any? //c.ti ~i~
http://www.cityofdubuque.org/printer_friendly.cfm?PageID=294 5/7/2007
Claim Form
Page 2 of 2
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.)
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15. What amount do you claim from the City of Dubuque? ~ ~•Sy
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16. Why do you claim the City of Dubuque is responsible? ,lam (~; S
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17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name
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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 L , 2p Ci~
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