Claim by Joan SandersTHE CTTY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE
RE:
Claimant
August 14, 2007
Claim against the City of Dubuque by Joan Sanders
Date of Claim
Joan Sanders
08/07/07
Date of Loss
06/12/07
Nature of Claim
Personal Injury
This is a claim in which the claimant alleges that as she was walking in front of 129
Main Street, she tripped on an unmarked ramp which extends approximately 60 inches
into the sidewalk.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
BAL:tIs
cc: ~llichael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Gus Psihoyos, City Engineer
Joan Sanders
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
C'.aim Form
http://www.cityofdubuque. org/printer_friendly.cfm?PageID= I55
/~l/,~i'
CLAtM AGAINST THE CITY OF DUBUQUE, IOWA ~ ~~y
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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 representation to you as to whether your claim will or will not be paid.
1. Name of Claimant: Joan Sanders
2. Address: 171 Montgomery, East Dubuque, IL 61025
3. Telephone Number:
4. Date of Incident:
563-663-3410
June 12, 2007
5. Time of Incident: approximately 6:15 a.m.
6. Location of Incident (Be specific):
Sidewalk in front of 129 S. Main St.,
Dubuque, Iowa
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.)
See Attached
8. What were weather conditions like? Clear and Calm
9. Give name and address of any witnesses: Mary Imbus, 1001 Maquoketa Dr. ,
Dubuque, Iowa 52003
10. Did police investigate? (If so, give names of officers.)
Yes, Officer Matt Walker
11. Was anyone injured? (If so, give names, addresses, and extent of injuries.)
Yes, See Attached
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.)
13. What other damages do you claim, if any? Undetermined at this time, but
includes medical expenses and pain and suffering
of 2 7/30/2007 1:34 PM
Claim Form . http://www.cityofdubuque.org/printer_friendly.cfm?PageID-155
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.)
Blue Cross/Blue Shield and Medicare are both covering medical expenses
15. What amount do you claim from the City of Dubuque? approximately $50, 000
(undetermined at this time -Claimant is still treating)
16. Why do you claim the City of Dubuque is responsible Failure to properly mark
and warn of newly installed ramp on sidewalk in front of
129 Main St.
17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name
and address.)
No
18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what
amount?
Not Applicable
Dated this ~_ day of ~L~ 20~
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(Signature)
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(Print Name)
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Prepared by: Les M. Blair III, Blair & Fitzsimmons, P.C., 850 White St.,
Dubuque, Iowa (563) 588-1970
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7/30/2007 1:34 PM
ATTACHMENT
Attachment to Question 7:
Injuries include a broken right elbow. Badly bruised knees, palms of hands, chest and
chin. Stiff neck and head ache appeared within a day. Right thumb appeared to have been
extended back and remains very sore at this writing (6-20-2007). Right arm midway between
wrist and elbow is very tender and was looked at by Dr. Pearson on 6-18-2007, who stated the x-
rays taken at the emergency room did not cover that section of the arm and he felt that this was
possibly a sprain.
Attachment to Question 11:
On Tuesday morning at 6:00 a.m. I met my friend at the parking lot of the Diamond Jo to
walk the river walk as we do every morning and evening. The fish flies were very heavy so we
decided to walk to the Main street area via the 3`d street bridge to South Main. At 3`d and South
Main we proceeded south on the east side of Main to the end of Main and proceeded back up the
west side of Main heading north. At 129 Main (Knipples Religious Gifts) an unmarked ramp in
front of the store extends into the sidewalk 60 inches. The south side of the ramp is 4 '/2 inches
higher than the level of the sidewalk. When walking in front of this store I stumbled on the ramp
and I fell face first on the sidewalk. My friend Mary, who was walking on the right hand side of
me (curb side) bent over me and asked if I was hurt. I got up and together we walked back to our
vehicles. I told Mary I would drive myself to Finley Hospital emergency to get x-rays. After
leaving the parking lot I drove south on Main to view the accident site and noted 4 additional
ramps on the west side of Main which were marked and these ramps were much higher and much
more visible. On the east side of Main there were two ramps both unmarked. When at the
emergency room the nurse called the Dubuque City Police since the accident happened on the
city street. Two officers met with me. After learning of the site of the accident one officer left
and the second officer wrote up a report. The officer asked me to sign the report of which he
read to me I signed the report without reading the same. After leaving the emergency room I
again drove South Main Street to view the accident site and noted warning signs in place. (Signs
are approximately 2 foot by 1 foot with a heavy base approximately 2 foot by 1 foot). All 5
ramps on the west side of the street were now marked. The ramps on the east side were still
unmarked.