Claim by Neil PitmanTHE CITY OF
DUB E
Masterpiece on the Mis:
BARRY LINDAH
CITY ATTORNE
To:
DATE:
RE:
Claimant
Neil Pitman
MEMORANDUM
Mayor Roy D. Buol and
Members of the City Council
August 1, 2007
Claim against the City of Dubuque by Neil Pitman
Date of Claim
07/31 /07
Date of Loss
07/18/07
Nature of Claim
Vehicle Damage
This is a claim in which the claimant alleges that during a rainstorm that occurred on
July 18, 2007, a sewer backed up causing water damage in claimant's basement
located at 1144 Rosedale Avenue.
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
John Klostermann, Street & Sewer Maintenance Supervisor
Neil Pitman
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 Form
Page 1 of 2
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA l~/C
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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 repres^AIentation tolyou as to whether your claim will or will not be paid.
1. Name of Claimant: - _ !'ie I ~ ~ i 1 N1q~
2. Address: ~ 1~-1 i\`~A'Q. ~tVe~Ue. Sam 1
3. Telephone Number: J~3 - 5~8 _Qg,
4. Date of Incident: ~~ ~~~~~
5. Time of Incident: ~ ~ ~~ ~~
6. Location of Incident (Be specific): ~~~ ~gSE'M~~ o~ M~ ~eS~~P,I~.. 0~,
~'~~ale, venue .
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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8. What were weather conditions likes Y e~~ tai n~ ('~ ~
9. Give name and address of an witnesses:
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10. Did police investigate? (If so, give names of officers.) ~'
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) cD '--
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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.)
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13. What other damages do you claim, if any? SQ2 G~l(.~~
http://www.cityofdubuque.org/printer_friendly.cfm?pageid=155 7/30/2007
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~,'a~nd amount paid.)
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15. What amount do you claim from the City of Dubuque? see a~~01fi~'~eC~
16. Why do you claim the City of Dubuque is responsible? See ol`~AC~1Q(~ .
17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name
and address.) ii``
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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?
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Dated this ~~h day of ~~~~ , 20~~ .
(Signature)
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(Print Name)
print this page
http://www.cityofdubuque.org/printer_friendly.cfm?pageid=155 7/30/2007
7. On July 18th the basement of my residence at 1144 Rosedale Avenue in Dubuque was
filled with over 4 inches of sanitary sewer water. In speaking with the Public Works
department, it was discovered that the City's sanitary sewer line was clogged on the 500
block of West Locust St., which led to the sewer lines backing up all the way to Rosedale.
12. Property damage includes:
a. All flooring and woodwork needed to be extensively cleaned and disinfected by
professionals due to bacterial contamination from the sanitary sewer water.
$747.50
b. Clothing - $300
c. Dehumidifier - $100
d. Electric Water Heater - $300
e. Futon - $250
f. Box Spring and Mattress Set - $150
g. Books - $100
13. Lost wages
a. 4 hours - $75
15. I am claiming $2022.50 from the City of Dubuque.
16. The City of Dubuque is responsible for this damage because it is the City's responsibility
to maintain the main sanitary sewer line. There is no issue with my lateral sewer line.
Regardless of rainfall amount, the sewer should function properly. Since there was a problem
with the sewer line on West Locust, it should be the City's responsibility to compensate me for
these damages. Additionally, I was just assessed over $2000 for a brand new street on
Rosedale, including sewer lines. The fact that the sewer backed up in spite of this indicates
that there was a definite problem with the City's line.
Dubuque Area Steamatic, Inc.
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BILL TO
Neil Pittman
1144 Rosedale
Dubuque, IA. 52001
500 Huff St.
P.O. Box 1164
Dubuque, IA 52004-1164
563-556-5821
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DATE
7/23/2007
P.O. NO. TERMS DUE DATE TECH
Net 10 Days 7/31/2007
ITEM DESCRIPTION SERVICE DATE
'~"" 30185-WATER R Service call: clean up labor 8c equipment placement. 7/19/2007
30184 Equipment Rental: (1) 150 Dehumidifier @ 2 days 7/21/2007
30184 Equipment Rental: Air movers - 1 @ 2 days, 2 @ 1 days @ 25.00 7/21/2007
per unit per day
30196 Anti-microbial application 7/19/2007
Total
Invoice
INVOICE #
15400
REP
CL
AMOUNT
372.50
200.00
100.00
75.00
$747.50
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