Claim Appeal - Kuhle, ChristineDear Sir,
I would like to present my case in front of the next City Council meeting.
The case pertains to damage done to my car due to someone not doing their
job in a timely manner. Please grant me time to present my case.
Thank you
Christine Knhle
BARRY A. LINDAHL, ESe.
CORPORATION COUHSEL, 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 Kuhle
Claimant
Date of Claim
Date of Loss
Nature of Claim
Christine Kuhle 02/25/02 01/14/02
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 driveway 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
driveway 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 Klostermann, Street/Sewer Maintenance Supervisor
Christine Kuhle
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, Ia 52001.-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET
Operations & Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
(319) 5894250
(319) 589~1252 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 ddveway approach located
between the sidewalk and curb. The ddveway 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 I 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 Mrl 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.
Street/Sewer Maintenance Supervisor
Service People Integrity Responsibility Lrmovation Teamwork
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA '
This written report constitutes your claim against the City of DUbuque, Iowa. You should
complete this form in full and attach any additional information that supports your claim.
The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001.'
It will then be referred by the City Council t0 the appropriate department for investigation.
Once that investigation is completed, a report and recommendation will be submitted to the
City Council. You will be provided with a copy of that report and recommendation.
THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE
OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO
YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID.
1. Name of Claimant:
2. Address:
3. Telephone Number:
4. Date of Incident:
5. Time of Incident:
6. Location of Incident (Be specific):
7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give
full details upon which you base your claim. If a City employee was involved, give the
employee's name.)
8. What were weather conditions like?
9. Give name and address of any witnesses:
10. Did police investigate? (If so, give names of officers.)
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
1~). Was any damage done to property? (If so, describe property and the extent of damages.
Attach estimates of damages or describe basis for ascertaining extent of damage.)
13. What other damages do you claim, if any?.
14. Have you been compensated for any part or all of your claim by any insurance
company? (If so, give name and address of insurance company and amount paid.)
15. What amount do you claim from the City of Dubuque?
16. Why do yOu claim the City of Dubuque is responsible? -~--- ~'~C~.C~ e_c~\~,~<~ CL~-~C~
17.~ave you made any clamm against anyone else for damages as a result of this incioent? ~
(If yes, give name and address.) ~
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
Dated at Dubuque, Iowa this .~- day of
(Signature)
--(Print Name)
(Rev. 1/00 & 7/01)
Kurt s Auto ESTIMATE #
1750 Radford Rd.
Dubuque, IA. 52002
Phone - 563-557-5021
ESTIMATE FOR SERVICES
Kuhle, John
2180 Carter Rd.
Dubuque, IA 52001
Home 563-583-8309 Ext home -- Office 563-590-8302 Ext cell
Cust Id: 70
Part Description / Number
Qty List Extended
1 t.00 134.40 134.40
Shop Supplies 5.00
Estimate Date: 02/20/2002
1989 Mercedes-Benz - 190E
Lic #: Odometer In: 0
Unit #:
VIN #:
Labor Description Extended
replace muffler 26.99
replace muffler
Hazardous Matexials 3.00
Parts: $139.40 Labor: $ 29.99 Tax: $10.16 Total: $179.55
I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees
permission to operate the vetdcle described for testing and/ur inspection. Express mechanic's lien is hereby acknowledged on above vehicle
to secure the mount of repairs thereto. SMOG: I understand that I can have emission service and/or adjuslments done elsewhere. I hereby
waive this right.
TEARDOWN ESTIMATE: I understand that my veblcle will be reassembled within days of the date shown above ifI choose not to
authorize the service recommended. All parts removed will be discarded unless instructed otheawise: Save all parts . NOT
RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT 13I CARS IN CASE OF FIRE, THEFT OR ANY OTHER
CAUSE.
SIGNATURE .................................................................................................
Neuwoeh~er, Tesha
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Date ......................................... Time .........................
Ku~ s Auto
1750 Radford Rd.
Dubuque, IA. 52002
Phone-563-557-5021
INVOICE
001432
INVOICE
Print Date: 03129/2002
1989 Mercedes-Benz - 190E
L2.6, In-Line6, VIN (Not Avail
Lic #:
Unit #:
Vin #:
Hat#: Ref#:
Kuhle, John
2180 Carter Rd.
Dubuque, IA 52001
Home 563-583-8309 Ext home --- Office 563-590-8302 Ext cell
CustID: 70
Part Description / Number Qty List Extended Labor Description Extended
check wh"ing 18.00
Odometer In:
exhaust clamp
exhaust clamp 1.00 1.00 1.00
muffler
44286 1.00 134.40 134.40
Shop Supplies 5.00 5.00
cheek wiring
replace muffler 26.99
replace muffler
Hazardous Materials 3.00
[ Technicians: Please, Select ]
Org. Estimate $199.69 Revisions $0.00 Current Estimate $199.69 Additional Cost Revised Estimate
[ Payments - ]
Labor: $47.99
Parts: $140.40
Sublet: $0.00
Sub: $188.39
Tax: $11.30
Total: $199.69
Bal Due: $199.69
I hereby authorize the above r~pair work to be done along with the necessary material and hereby grant you and/or your employees
permission to operate the car or track herein described on street, highways or elsewhere for the purpose to testing and/or inspection. An
express mechanic's lien is hereby acknowledged on above car or truck to secure the mount of repairs thereto. Warranty on parts and labor is
one years or 12,000 miles whichever comes first. Warranty work has to be performed in our shop & cannot exceed the original cost of
repair.
SIGNATURE.; ...............................................................................................
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Date ......................................... Time .........................