Claim by Allied Insurance re Lauren SchmidtTHE CITY OF
DUB E
Masterpiece on the Mississippi
BARRY LIND
CITY ATTOR
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: November 21, 2007
RE: Claim Against the City of Dubuque by Allied Insurance on behalf of Lauren
Schmidt
Claimant Date of Claim Date of Loss Nature of Claim
Allied Insurance 11/19/07 09/20/07 Wrongful Death
This is a claim involving an incident that occurred at approximately 2:30 p.m. on
September 20, 2007. Claimant alleges that while its insured, Lauren Schmidt, was
attempting to cross Pennsylvania Avenue near Hempstead High School, she was struck
by a vehicle and died as a result of the injuries.
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
Gus Psihoyos, City Engineer
Les Reddick, Esq.
Lisa Delaney, Allied Insurance
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
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Allied
Insurance
a Nationwide° company
IP6~'Ir[~r 10, 2007
City of Dubuque
Attn: Roy Buol
50 W 13th St, Dubuque
Dubuque, IA 52001
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fax: 563-589-0890
Des Mom Regional Offi~
3820 109th St., Dept 2004
Des Moines, L4 50391-2004
(S15J 508-7288
800-532-1212
F,qX (5151508-8532
F.4X800-562-4339
RB: Our Inured: Lauren Schmidt
Claim Number: 14742914
Date of Loss: 9-20-07
Dear Mayor Buol:
Please allow this correspondence to serve as formal notice of a claim against a municipality pursuant to
Iowa Code Section 670.5. Iowa Code Section b70.2 states that every municipality is subject to liability
for toots including those acts of employees within the scope of their employment.
Iowa Code Section 670.5 requires that we place a municipality on notice of a claim within 60 days of the
date of loss as well as provide information on place, time, and amount of damages. This notice is in
regard to an accident that occurred in Dubuque, Iowa on September 20, 2007 at approximately 2:30 P.M.
The accident occurred on Pennsylvania Avenue across from Dubuque Hempstead High School in
Dubuque, Iowa. The circumstances surrounding the accident are as follows. Our insured, Lauren
Schmidt, was attempting to cross Pennsylvania Avenue with a number of other students. Our
investigation has revealed that a driver of a stopped bus operated by the Dubuque School District
negligently waived what is believed to be four students (including our insured) across Pennsylvania
Avenue. Two of the students made it safely across the street while our insured and another student were
struck by an unseen vehicle traveling on the outside lane opposite to the parked bus. Our insured died as
a result of the injuries.
We are unable to determine the extent of injuries or damages at this time and likely that amount will only
be determined at the time of trial or settlement.
Allied Insurance believes that the City of Dubuque bears a significant portion of fault for this accident, as
the speed limit in this area exceeds the limit allowed in a school wne. This letter shall serve notice of the
claim against the City of Dubuque as well as any potential subrogation claim by Allied Insurance
If you have any questions, please contact cue at 319-350-7287. Thank you.
R yours,
Li Delaney, ARM, AI
Special Claim Representative II
Allied Property and Casualty Insurance Company
deianeL 1(ri,nation4iide.com
CC: Jeffrey Wahers, Attorney at Law
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Allied
Insurance
a Nationwide® company
IQO~S't~r 10, 2007
VIA US Mail & facsimile
City of Dubuque
Attn: Roy Buol
50 W 13th St, Dubuque
Dubuque, IA 52001
fax: 563-589-0890
Des Moines Regional Office
3820 109th St., Dept. 2004
Des Moines, /A 50391-2004
(515) 508-7288
800-532-1212
FAX (515) 508-8532
FAX 800-562-4339
RE: Our Inured: Lauren Schmidt
Claim Number: 14T42914
Date of Loss: 9-20-07
Dear Mayor Buol:
Please allow this correspondence to serve as formal notice of a claim against a municipality pursuant to
Iowa Code Section 670.5. Iowa Code Section 670.2 states that every municipality is subject to liability
for torts including those acts of employees within the scope of their employment.
Iowa Code Section 670.5 requires that we place a municipality on notice of a claim within 60 days of the
date of loss as well as provide information on place, time, and amount of damages. This notice is in
regard to an accident that occurred in Dubuque, Iowa on September 20, 2007 at approximately 2:30 P.M.
The accident occurred on Pennsylvania Avenue across from Dubuque Hempstead High School in
Dubuque, Iowa. The circumstances surrounding the accident are as follows. Our insured, Lauren
Schmidt, was attempting to cross Pennsylvania Avenue with a number of other students. Our
investigation has revealed that a driver of a stopped bus operated by the Dubuque School District
negligently waived what is believed to be four students (including our insured) across Pennsylvania
Avenue. Two of the students made it safely across the street while our insured and another student were
struck by an unseen vehicle traveling on the outside lane opposite to the parked bus. Our insured died as
a result of the injuries.
We are unable to determine the extent of injuries or damages at this time and likely that amount will only
be determined at the time of trial or settlement.
Allied Insurance believes that the City of Dubuque bears a significant portion of fault for this accident, as
the speed limit in this area exceeds the limit allowed in a school zone. This letter shall serve notice of the
claim against the City of Dubuque as well as any potential subrogation claim by Allied Insurance
If you have any questions, please contact me at 319-350-7287. Thank you.
R ec yours,
Li Delaney, ARM, AI
Special Claim Representative II
Allied Property and Casualty Insurance Company
delaneL 1:"a~nationwide.com b~ ~8,~~~gnQ
CC: Jeffrey Walters, Attorney at Law
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