Claim by Allied_Ryan GlaserTHE CITY OF
DUB E
Masterpiece on the Mississitini
BARRY LINDA
CITY ATTORN
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: December 10, 2007
RE: Claim Against the City of Dubuque by Allied Insurance on behalf of Ryan
Glaser
Claimant
Allied Insurance
Date of Claim
Date of Loss
Nature of Claim
12/04/07
09/20/07
Personal Injury
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, Ryan Glaser, was
attempting to cross Pennsylvania Avenue near Hempstead High School, he was struck
by a vehicle and suffered multiple injuries as a result of the accident.
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.
Kevin C. McClain, Allied Insurance
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Allied
Insurance
a Nationwide® com any
N~vr 28, 007
City of Dubuque
Attn: Roy Buol
50 W 13th St, Dubuque
Dubuque, IA 52001
VIA US Mail & facsimile
fax:563-589-0890
<_ l' ~/~
/ Deb Moines Regional Office
3820 109th St., Dept. 2004
Des Moines, lA 50391-2004
(s1s~ sob-288
800-532-1212
FAX (515) 508-8532
FAX 800-562-4339
RE: Our Inured: Ryan Glaser
Claim Number: 14T44046
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 aze as follows. Our insured, Ryan Glaser,
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 pazked bus. Our insured suffered multiple injuries as a result
of this accident.
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 319-232-2392. Thank you.
Sincerely,
evin C. McClain
Special Claim Representative I n °
Allied Property and Casualty Insurance Company ~~ v ~
Mcclaik 1 @nationwide.com ~ ~; n ~'l-I
~ Vii;
- ~
~
i~"'1
_
e `"
C -~ <'
~' N
~ N
W