Claim Response Kuhle, ChristineBARRY A. LINDAHL, ESQ.
CORPORATtON 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 Christine Kuhte
Claimant
Date of Claim
Date of Loss
.Nature of Claim
Christine Kuhte 02/25/02 01114/02
Vehicle Damage
This is a claim in which the claimant states that while attempting to back into the
driveway of her residence at 2180 Carter Road, where she currently rents, her muffler
caught onto the cement and was bent. Claimant states that the street, at 1880 Carter
Road, has sunk 3 % to 5 inches, causing the damage to her muffler.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, he
responded to the phone call made by Ms. Kuhle on January 16, 2002. Mr. Klostermann
inspected the area and found the curbing to be out of grade, but that the major defect was
with the ddveway approach located between the sidewalk and curb, which is the property
owner's responsibility. As a temporary fix, Mr. Klostermann had a crew cover the
approach area with cold mix asphalt. Since then, Mr. Klostermann spoke with Steve
Clewell, property owner of 2180 Carter Road, and agreed to a joint repair project in the
spring. The City would replace the curbing and Mr. Clewell will replace the driveway
approach and necessary walk.
It is Mr. Klostermann's recommendation, based on his inspection of the site, to deny the
claim. He believes the area that caused the damage to Ms. Kuhle's vehicle was the
ddveway approach, which is the responsibility of the property owner. The Legal
Department concurs with his recommendation.
BAL/tls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John K]ostermann, Street/Sewer Maintenance Supervisor
Christine Kuhle
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 & Maintenance Deparmxent
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
(319) 5894250
(319) 5894252 FAX
March 1, 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. Christine Kuhl.
I am not aware of the previous calls that Ms. Kuhl refers to in her claim. I did respond to
her call to our office on January 16, 2002. I inspected the area and found that the
curbing is out of grade, but the major defect is with the driveway approach located
between the sidewalk and curb. The driveway approach and part of the sidewalk, which
is the property owner's responsibility to maintain, had undermined and settled. In order
to help Ms. Kuhl get through the winter, I had a crew cover the approach area with cold
mix asphalt as a temporary fix. Since then 1 have talked to Steve Clewell, the property
owner, and he has agreed to a joint repair project in the spring. The City would replace
the curbing and Mr. Clewell will replace the driveway approach and necessary walk.
Based on my inspection of the site, I believe the area that caused the damage to Ms.
Kuhl's vehicle was not the curbing, but the driveway approach, which is the
responsibility of the property owner. Therefore, it is my recommendation to deny the
claim.
If you need any additional information concerning this claim, please contact me.
,~h~,cerely, .
Street/Sewer Maintenance Supervisor
Service People Integrity Respor~sibility lrmovation Teamwork