Claim Response DeVenuta, DeboraCORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
March 6, 2002
RE:
Claim Against the City By Deborah S. DeVenuta
Claimant
Date of Claim
Date of Loss
Nature of Claim
Deborah S. DeVenuta 02/13/02
02/1 2/02
Vehicle Damage
This is a claim in which the claimant states that while attempting to park along the south
curb in front of 966 Rush Street, the street collapsed causing her right front wheel to
drop through the pavement, damaging the subframe of the vehicle.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, his
records indicate that this incident was the Operations and Maintenance Department's first
knowledge of a possible pavement defect. A crew responded to the call and barricaded
the hole the night of the incident. The hole was dye tested the following day and no
defects were found in the sanitary or storm sewer system.
Mr. Klostermann states that undermining of a street is not a visible defect that would be
detected during a routine inspection. Therefore, it is his recommendation to deny the
claim due to lack of prior knowledge concerning this defect. The Legal Department
concurs with his recommendation.
BAI_/tls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street/Sewer Maintenance Supervisor
Deborah S. DeVenuta
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCLNET
Operations & Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
(319) 589-4252 FAX
February 26, 2002
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Ms. Deborah DeVenuta.
Ms. DeVenuta's car was damaged when it was parked in front of 966 Rush Street. A
two foot by two foot section of street collapsed which caused her right front wheel to
drop through the pavement.
Our records show that this incident was our first knowledge of a possible pavement
defect. That night a maintenance crew responded to the call and barricaded the hole
for the night. The hole was .dye tested the following day and no defects were found in
the sanitary or storm sewer system.
Undermin ng of a street is not a visible defect that would be detected during a routine
inspection. It is therefore my recommendation to deny the claim due to the lack of prior.
knowledge concerning this defect.
If you need any additional information concerning this claim, please feel free to contact
me.
Sincerely,
Street/Sewer Maintenance Supervisor
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