Loading...
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 Service People Integrity Responsibility Innovation Teamwork