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Claim by Eileen GeraghtyTHE CITY OF C 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 November 7, 2007 Claim Against the City of Dubuque by Eileen Geraghty Date of Claim Eileen Geraghty 11 /01 /07 Date of Loss 09/27/07 Nature of Claim Personal Injury This is a claim in which the claimant alleges that due to poor lighting, claimant tripped on a step as she was exiting South Veranda #5 at Eagle Point Park, resulting in a broken wrist and facial abrasions. 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 Gil Spence, Leisure Services Manager Eileen Geraghty 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 l ~, 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 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 Clair~tar~t. Eileen _Ceraght~ 2. Address: 1397 Main ~ Apt #3 Dubuque , TA s ?~~~ 3. Telephone Number 4. Date of Incident: sept 27 , 200 5. Time of Incident: 8.3o P M 6. Location of Incident (Be specific): Ea le Point ark South V ranc~a #~ Just outside _door, r,arn- in. ri ht o x' There is no li ht at t is location. 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.) A~ Harr i Finn' ahnvo nl ai mant m}SSe~-}cr4ii2 5~2~ h}~-r riot haV l ng the Fianafr t r,~ a ~~~ t A trip to the emergency rnnm (.MPrc~)_~pn- firmed that her wrist was hrnken i n_ ~ = 1 ar-a~ Claimant will not be able to work or drive for at least 6 weeks. 8. What were weather conditions like? ,r Was a nice packet-wearing au umn evening. 9. Give name and address of any witnesses: Alvina Connolly, 1940 Unas st., Don & nPlnrPS Wiederholt, 1905 Rhomberg, Mary Lou Brannon, 40 Stetmore St. 563-582-6226 10. Did police investigate? (lf so, give names of officers No; it was not reported. 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Fi 1 PPn C'p~-~h_t~~ ~.~~ ~~}~}~ ~~-~ recei yPCi 7 hrnkPn hnnr~~ lri right wrist ("shattered bones" ; n the wnrcls~ C>~ ll~. Schemmel . ) Also severe facial abrasions and bruises. 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.) Eyeglasses were broken (FramPS anc~ 1PnsPa_1 Klauer Optical invoice iS atta~hPr9_ 13. What other damages do you claim, if any? RPimbnrSPmPnt for lost wa~es• l~ hour~,~, Si @$7.00 per hour. $504.00 Po~anCa._1086M4i~~5t. ~'~ 690-c~~'~~ 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.) No. Medical charges will be filed with Medicare and HMO at Medi c-al A~Gnr-i atPS ~ 1 jinn As~nr~i atP~ Tlr ~ Tliih,iniiP K~nn~ 15. What amount do you claim from the City of Dubuque? Reimbursement for eye glasses 5438.60 ReimbursPmPnt for lost wac,~,es 504.00 Total 5942.60 16. Why do you claim the City of Dubuque is responsible? Pavilion was not properly lighted. __ 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes,' give name and address.) 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 ~~U--~,~-ez ~ 200 aj . 'dl '~,~hngna (Signature) _ ~'~ ~~ fed I - RON LQ Eileen Geraghty (Print Name) n~~~~~~~~