Appeal of Claim by Frank Vlach_Recommendation Copyright 2014
City of Dubuque Consent Items # 16.
ITEM TITLE: Appeal of Claim by Frank Vlach
SUMMARY: City Attorney recommending denial of the appeal of a claim against the
City by Frank Vlach for vehicle damage.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur
ATTACHMENTS:
Description Type
❑ Staff Memo Staff Memo
❑ Claim by Frank Vlach Supporting Documentation
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDA
CITY ATTORN Y
To: Mayor Roy D. Buol and
Members of the City Council
DATE: November 30, 2015
RE: Frank Vlach Claim Denial
Claimant Date of Claim Date of Loss Nature of Claim
Frank Vlach 09/24/15 09/22/15 Vehicle Damage
This is a claim submitted by Frank Vlach III, 2551 Elm Street, for damage his vehicle
sustained when he struck a retaining wall in the alley behind his property. Mr. Vlach
alleges that the damage was a result of the Green Alley Project in the alley. There is a
retaining wall behind his property. He claims before the Green Alley Project, when he
backed out of his garage, the tires from the vehicle would hit the retaining wall. After
the Green Alley Project was completed, the alley is lower and the retaining wall is still
there so now the bumper of his car hit the retaining wall. Photographs of the alley
before and after the Green Alley Project are attached.
Mr. Vlach's claim was denied by Public Entity Risk Services (PERS). PERS concluded
that the City was not at fault. PERS also noted that the retaining wall that Mr. Vlach
backed into is not owned by the City, but rather is owned by a neighbor whose property
abuts the alley behind Mr. Vlach's garage.
Mr. Vlach is appealing the denial of his claim to the City Council.
I agree with PERS' denial of the claim for this reason:
Under Iowa law a motorist has a duty to maintain a proper lookout. Proper
lookout means being watchful of the movements of one's own vehicle as
well as the other things seen or seeable, and involves the care, prudence,
watchfulness and attention of an ordinarily, careful and prudent person
under the circumstances. McClenahan v. Des Moines Transit Co., 257
Iowa 293, 296, 132 N.W.2d 471, 473 (1965). The common law duty to
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
keep a proper lookout requires a lookout not only to the front and sides but
also to the rear. See Duffy v. Harden, 179 N.W.2d 496, 500 (Iowa 1970).
In my opinion, the retaining wall was there before and after the Green Alley Project was
completed and was there to be seen by a careful driver. Mr. Vlach's obligation was to
maintain a proper lookout at the time he was backing out of the garage. I do not believe
there was any conduct on the part of the City which would make the City legally
responsible for the damage to Mr. Vlach's vehicle.
BAL:tIs
Attachment
cc: Frank Vlach III
Michael C. Van Milligen, City Manager
Brenda Snyder, PERS
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA C hJJJJ�'
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. 13'" 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 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 \WII+LL_NO�TnBE PAID.
1. Name of Claimant: Cr I `(\�Q(�� V lQ-CA,rl --X-
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2. Address: 25 J �c-� �JC `(�(�� /,,`(,�-1 • T�` � a 2 W I
3. Telephone Number: 3�� ` J (0 I ' q L�, 1
4. Date of Incident: O /a 0 1
5. Time of Incident:
G. Location of Incident (Be specific): /T IYI,IX lief of J�) S�,
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.k
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8. What were Weather conditions lik✓±? 5AAxkxu� C UO,1.
9. Give name and address of any witnesses: R 1C IN
10. Did police investigate? (If so, give names of officers.)
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11. Was anyone injured? (if so, give names, addresses, and extent of injuries).
12. Was any damage done to property? (if so, describe property and the extent of
damages. Up -
estimates of damages or describe basisforascertaining a ntpt of
damage.) 0-" - / 10A CO.A bV Y4QA ��' J(-(-� UV
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13. What other damages do you claim, if any? `-� i
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.)
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15. What amo do you claim f m the City ofrun
ue?
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the City of Dubuque is respons
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17. Have you made any claim against anyone=else Y �t of t 's inc de�d?� A
(if yes, give and and address.) c� b 0.0.4u �R�nk
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18. If the answer to Question 17 is yes, have you rec ivee d any payment from that source,
and if so, in what a ount?
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Dated at Dubuque, Iowa this O J day of 20/
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( 17 .�/. & 1 mH Name)
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