Claim by Cheryl FullerTHE CITY 0
DUB
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: August 27, 2014
RE: Claim Against the City of Dubuque by Cheryl Fuller, filed by Attorney
Jeffrey Walters
Claimant Date of Claim Date of Loss Nature of Claim
Cheryl Fuller 08/26/14 10/11/13 Personal Injury
filed by Attorney
Jeffrey Walters
This is a claim in which claimant alleges that she was injured after tripping on an
uneven portion of sidewalk in front of 1684 W. 3rd Street.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Attorney Jeffrey Walters
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 tsteckle@cityofdubuque.org
David L. Clemens
Jeffrey L. Walters
Jennifer A. Clemens -Conlon
Sarah E. Stork Meyer
Nathan D. Runde
Jeffrey E. Hiatt
Attorneys at Law
August 26, 2014
2080 Southpark Court
Dubuque, IA 52003
Tel: (563) 582-2926
Fax: (563) 582-2998
www.cwcmlaw.com
City Clerk
City Hall
5o W. 13th Street
Dubuque, Iowa 52001
RE: NOTICE OF CLAIM
Our Client: Cheryl K. Fuller
Date of Incident: 10/11/2013
Dear City Clerk:
Please be advised I represent Cheryl Fuller. Ms. Fuller was a pedestrian walking on the
public sidewalk located in front of 1684 West 3rd Street, Dubuque, Iowa, on October 11, 2013,
when she tripped on an uneven portion of the sidewalk. This sidewalk was in disrepair in that
there was a rise between the slabs of concrete in excess of 2 inches, where Ms. Fuller tripped. I
have enclosed a claim form, a copy of the Police Report, photocopies of pictures taken of the rise
in the sidewalk at the location where Ms. Fuller tripped, as well as Ms. Fuller's medical records,
medical bills, and out of pocket expenses. Ms. Fuller suffered broken ribs, collapsed lung and
abrasions to her right arm, right knee and head. Ms. Fuller has substantial medical bills and is
still being treated for her injuries at this time.
If you should have any questions or have anything you wish to discuss, please do not
hesitate to give me a call. Thank you.
Sincer
Enclosures
cc: Cheryl Fuller
effrey L. Walters
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 W. 13th St., Dubuque, IA 52001. It
will then be referred by the City Council to the appropriate department for investigation.
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 15 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: Ch- 1 K. Fuller
2. Address: 905 Battles Drive -- Ma
3. Telephone Number:
4. Date of Incident:
5. Time of Incident:
oketa Iowa 52060
563/212 657
October 11, 2013
6:00 p.m_
6. Location of Incident (Be specific):
1684 W. 3rd St., in front of Austin Heal residence,
proprty owned by Tina Medel Pimental
7. DESCRIBE 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.)
The sidewalk slabs were uneven with over a 2 inch rise between sec io
caused Claimant to triand fall causinbodil in
8. What were weather conditions like? Clear and D
9. Give name and address of any witnesses: Katie Fuller - 1390 W. 3rd St. Dubu. e IA
10. Did police investigate? (If so, give names of officers.)
Yes - Officer Michael T. Hernandez (Bad.e C4) - Cit of Dubu. e Police De t.
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
Yes - Cheryl Fuller, 905 Battles Dr. Ma. oketa IA 52060. Several broken ri
scrape on right hand; right wrist, ,knee, and head.
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.)
None.
13. What other damages do you claim, if any? Bodily injury including, but not limited
to past and future medical bills; pain sed_suffering, loss of full use of body; loss of
earnings; and out-of-pocket expenses.
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.)
Mediral insnranre through_ Wellmark RC•/RR
15. What amount do you claim from the City of Dubuque?
Payment of all past and future medical bills, plus additional damages yet to be
determined.
16. Why do you claim the City of Dubuque is responsible?
Under I
I.• • • 1. . 1 -
was in safe condition, and is liable as the rise between sections was in excess of 2".
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
Yes - home owner, Tina Medel Pimental at 3358 Tibev Ct., Dubuque, IA is on notice of a
claim.
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
No.
Dated at Dubuque, Iowa this 2 I day ofw"` 20
de V, 4
Cheryl K. Fuller
(Rev. 7/12)
(Signature)
(Print Name)
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