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Claim Response Weber, BernardBARRY A. LINDAHL~~"~F-./SQ. CORPORATION COUNSEL, CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: April 8, 2002 RE: Claim Against the City By Bernard Weber Claimant Date of Claim Date of Loss Nature of Claim Bernard Weber 02/27/02 November 2001 Property Damage This is a claim in which the claimant states that his garbage can was crushed after a City refuse truck ran over it. According to the report of Paul Schultz, Solid Waste Supervisor, the Lead Sanitation Driver investigated the accident when contacted by the crew and took clear photos. The photos are consistent with damage caused by a refuse truck. Therefore, it is Mr. Schultz's recommendation that the claim be approved in the amount of $12.99. The Legal Department concurs with his recommendation. BAL/tIs cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Paul Schultz, Solid Waste Supervisor Bernard Weber SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 /FAX (563) 583-1040 /EMA[L BALESQ~MWCI.NET APR-08-02 MON i2:32 PM DUBUQUE PUBLIC WORKS FAX:563 589 4252 PAGE t 925 Kcrt~r Boulevard (319) ~1394Z52 Eft X L~8,, 2002 TO: FROM: SUBJECT: Barry A. Lindahl, Esq,, Corporation Council Paul F. Schultz, Solid Waste Management Superviso'~ Claim of Bernard Weber Claim and estimate should be approved as filed. The Lead Sanitation Driver investigated the accident when contacted by the c~'ew and took dear photos. Normally, a refuse crew cannot ddve over a container since, up until the present, crews load from the rear and drive forward. However, a one-person, sideloader crew usually collects this section of alley. Given the shape of the alley, an empty solid waste container could have roiled under the rear tires and got crushed. The photos are consistent with damage. caused by a refuse truck. I apologize for losing track of the paperwork on this accident and have contacted Mr. Weber in this regard.