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Claim by John TschiggfrieTHE CTTY OF DUB E Masterpiece on the BARRY LiNo CITY ATTOR MEMORANDUM To: Mayor Roy D. Buol and Members of the City Council DATE: December 12, 2007 RE: Claim Against the City of Dubuque by John Tschiggfrie Claimant Date of Claim Date of Loss Nature of Claim John Tschiggfrie 12/03/07 11/09/07 Property Damage This is a claim in which the claimant alleges that a City of Dubuque refuse truck struck and damaged claimant's mailbox and post. According to the report of Paul Schultz, Solid Waste Management Supervisor, the sanitation driver operating the truck and causing the damage reported the accident to the Solid Waste Management Supervisor immediately after it occurred. Lead Sanitation Driver Dave Sitzmann investigated the accident, took photos and determined that the damage was caused by the sanitation driver. It is therefore the recommendation of Paul Schultz to approve this claim for the amount of the submitted invoice of $77.37. The City Attorney's Office concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Paul Schultz, Solid Waste Management Supervisor John Tschiggfrie 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 THE CTTY OF Dubuque DUB E 1 1 Masterpiece on the Mississippi s 2007 TO: Barry Lindahl, Esq., Corporation Council FROM: Paul F. Schultz, Solid Waste Management Supervisor ~`` :; SUBJECT: Claim of John Tschiggfrie r DATE: December 11, 2007 The claim and estimate is recommended to be approved as filed for $77.37. John R Tschiggfrie submitted a claim alleging that on October 9, 2007,. our refuse truck #3401 backed into and destroyed the mailbox and supporting post in front of 421 Banak Court. The location of the mailbox was in a tight cul-de-sac. The Sanitation Driver operating the truck and causing the damage reported the accident to the Solid Waste Management Supervisor immediately after it occurred. Lead Sanitation Driver Dave Sitzmann investigated the accident, took photos and left information at the claimant's residence on how to file a claim. 7_ CLAIM AGAINST THE CITY OF DUBUQUE, IOWA' ~ l/ G~ 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 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation wilt 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: -~ ~ !'1 ~'y ~. ~ ~ ~ ~~ J ~ J Fr ~~ 2. Address: "~- ~ ~ ~ A ~/ ~ I~ ~~ u ~r r 3- ~ S6 3. Telephone Number: ~ 6 ~ ~ ~~ 4. Date of Incident: ~ j_ ~ ~~' ~ ,~ 5. Time of Incident: 1 J ~ 3 ~ ~~ , ~'~ f 6. Location of Incident (Be specific): ~= IZ a N ~ J ~' ~{~ ~ ~ ~ ltl,~ /C C o'~ V~ T 7. DESCRIBE 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.) ~ ~ ,~ o ~ CITY G1~213~/~' Ty2kCjs p2r~rN Qy Q~ G~c r~j~Tno S ~k~9' T1,1~ ~c'kx2 F.~,- ~~ 'Tllr 7RU,cK /~ ~,~ ~-~~~d~~: ~ 1tiY M~ir~ i~ vX f ti~ ~~~ ~ !~~"fil:v'y ~ti~ T ~iN 8. What were weather conditions like? ~ r `' 9. Give name and address of any witnesses: N ~ ~ ~ 10. Did police investigate? (If so, give names of officers.) /V U 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). IV 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.) ~'1~1L ~~X ~ti~ ~u„f'T' ~ff~atG'zY 13. What other damages do you claim, if any? ~V aN~ 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.) ~'~ 15. What amount do you claim from the City of Dubuque? ~~~.3~ 16. Why do you claim the Ci~ of Dubuque is responsible? ~ T7 c A+E'uASr 'Frtuc~ ~~ TNk ~~ r~r;~ ~o nY MI~~z Is~x ~ ^,~ ~arT 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) /V U 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this a ~ day of ,~/ ~° y~~ atC? 20 0 ~ . f ~"~.~~ir~~ (Signature) ~'~v l~!y ~, ~f c ~ 15 5 F n I~ (Print Name) (Rev. 1 /00 & 7/01) VI ';~n~nur~Q a~r~~ v ~,~r~~ ~I+~ ~ 0 ~~ bid ~- 030 LO U.~itl:~~~cl _ _ ___ ;, ~,~~t VEHICLE ACCIDENT INFORMATION ,>>~~~~ ~, DATE: ~ ~' ~ TIME: I L • ~ ~ f AM~PM When exchanging information for vehicle accidents under $1,000 and the Police Department is not called, the following information is needed to complete Vehicle Accident Reports. City Vehicle Description: Vehicle # ~ ~ ~ ~ ~ Name of Driver ~') ~ ~*-~ ~ ~' ~~~ r C.i Description of the Accident ~ ~~~r ~; ~ ~ S G~c: c k. ~ ~n.~ ~~ r u ~ ~ ~t c ..1 U ~~ C ~ lCl l t~ ~ \ ~' : L'l ] ~ ` ~r L1 ~ ~~i t~ C i` ~ . ~ l o`~(r .~-.. ~ - ~ _ C ~, Estimate of Damage $ ~~ ~ ~ ~ ~' Other Vehicle Description: Year Make VIN # Name ~ Address of Driver Model License Plate Name & Address of Owner Driver License Number Insurance Carrier Is the Vehicle Drivable Description of Damage to Vehicle Estimate of Damage $ (over) **If this accident or damage IS NOT investigated by the Police Department** The City vehicle driver's Supervisor or Manager MUST complete this page North Use arrow to Indicate direction ACCIDENT DIAGRAM **Position vehicles or objects in the diagram at the point of collision I / 4Ws Y T -Intersection V S Lt / No Intersection t~S VeLicle Intersection Y - Intersection / Symlwl ~ City Vehicle labeled #1 tither Vehicle labeled #2 Contributing f7~eckApplicaLtcBares CireumstanCes Briefly Describe Circumstance (s) Yes No Road Surface Conditions Road Defect Weather Conditions Driver's vision Obscured Fixed Ob'ect Struck Pedestrian Involved ACCIDENT /DAMAGE PHOTOS ATTACHED: YES _ NO _ (If not, reason: ) NOTL: ALL ACCIDENTS AND DAMAGE MUST BE Pr1GTOGRAPffED NARRATIVE: Completed By: Job 'Title: VVV vv ^ . ~-~ -- MA Kx 1'~M pu1Zl~2~ RkPA~r~s ro /~zc~t~~ ran r ~. 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