Claim Response Rath, RandyBARRY A. LINDAHL,
CORPORATION COUNSEL,
ESQ.~
C ITY'~ DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
Februa~ 26,2002
RE:
Claim Against the City By Randy Rath
Claimant
Date of Claim
Date of Loss Nature of Claim
Randy Rath 01/15/02 01/09/02
Vehicle Damage
Claimant states that his parked vehicle was damaged when hit by a City garbage truck,
driven by sanitation driver, Al Hakanson.
According to the report of Paul Schultz, Solid Waste Management Supervisor, he
investigated the accident when contacted by the crew and took clear photos. The claim
originally listed three types of damage: "bumper bent', "fender with a hole in it', and
"rubber taken off tire'. Mr. Schultz feels that the second type of damage listed, "fender
with a hole in it', is the only damage that could have been caused by this accident.
Therefore, it is his recommendation that this portion of the claim be approved for payment
in the amount of $662.10. The Legal Department concurs with this recommendation.
BAl_/tls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Randy Rath
SUITE 330, HARBOR VIEVV PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MWCI.NET
Operations & Ma~tenance Department
925 Kerper Boulevard
Dubuque, Iowa 520ffl-2338
(319) 5s94250
February 20, 2002
TO:
FROM:
SUBJECT:
Barry A. Lindahl, Esq., Corporation Council
Paul F. Schultz, Solid Waste Management Supervis~:~
Claim of Randy Rath
Claim and estimates should be denied as filed.
I investigated the accident when contacted by the crew and took clear
photos. The claim originally listed three types of damage: "bumper bent. fender
bent with a hole in it. rubber taken off tire."
The "bent bumped' damage was recommended to be denied. If the
bumper was ever bent, the force bending it came from the opposite direction.
than this accident would have applied. The claimant has apparently dropped
this part of his original claim.
The "fender bent with a hole in it" damage by our truck and driver is
acceptable. Originally there is no breakdown estimate for the cost of this
specific repair. The new claim has two vendor estimates for fender repair
with the Iow being $662.10 including tax. I would approve this portion of
the claim.
The "rubber taken off fire= damage was originally recommended to be
denied. There was indication of a slight "smudge" on the fire'caused from the
rear step of truck 3404. However, there was no apparent damage to the tire.
The original claim was not specific as to what damage was requested to be
repaired or replaced. Upon further submissions by the claimant, both
vendors listed estimates for a front suspension alignment. My
investigation did not show sufficient force to cause the need for front-
suspension realignment from this accident. I would deny this portion of
the claim.
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