Minutes, Small Claims Committee

Friday, February 21, 2003, 8:00 a.m.

1. This meeting was called to order at 8:00 a.m.. on Friday, February 21, 2003.

2. Roll Call:

Present were: City Administrator Robert Kufrin and City Clerk Beverly Buretta. Ald. Dick Bolender arrived at 8:10 AM.

Also present was Assistant Street Superintendent Dave Laehn, Police Lieutenant George Artka, and Parks Maintenance Supervisor Mike Roszina.

3. Review of Claims

a. Claim of Taip Lumani in the amount of $1,500.00 for injuries sustained on 8/9/02.

 

No representative appeared on behalf of Mr. Lumani. Prior to the meeting, the Committee members received copies of a claim letter from an attorney firm representing Mr. Lumani, which included a picture of Mr. Lumani that supposedly shows Mr. Lumani’s injury, medical records and a bill from St. Luke’s Hospital. The Committee also received a copy of the police report, a statement from one of the Parks & Recreation dept. employees, and a memo from Tom Mann of CVMIC, the City’s insurance carrier.

 

The Committee discussed the attorney’s letter. Mr. Kufrin provided several pictures and a map of the area in which the incident reportedly took place. Mr. Lumani was not able to say just what had hit him; the Committee thought that any projectile that had entered an open window of a moving vehicle and struck a driver on the right side of his face would have likely remained within the vehicle. The Assistant Street Superintendent said that on the day of the incident he had been called twice by Mr. Lumani, who had apparently returned to his home before calling any City representative. The Parks Maintenance Supervisor stated that the mower used in the area that day was a new mower with a chute and guard that were not modified in any way.

 

Ald. Bolender concurred with the CVMIC position, which is that the burden of proof is with the claimant. There were no witnesses, the employee using the mower stated he was unaware that anything had been struck, and there is no physical evidence to verify what caused the injury. Ald. Bolender moved, seconded by R. Kufrin, to deny the claim and prepare a notice of disallowance for Council approval. All voted aye.

b. Claim of Charles Burrow in the amount of $828.96 for damage to the upholstery of his vehicle by a police K-9 on 2/3/03.

 

Mr. & Mrs. Charles Burrow were present for the portion of the meeting relating to this claim. Prior to the meeting, the Committee members received copies the Burrow claim notice and statement, repair estimates and the police report.

 

Mr. Burrow gave his version of events and the damages he was claiming. After reviewing the police report, the Committee discussed the incident with Mr. Burrow and Police Lt. Artka. Ald. Bolender asked if Mr. Burrow had any pictures of the damage or if the car was available for the Committee to see. Mr. Burrow did not have any pictures, and had not brought the car. In the absence of any evidence, Ald. Bolender moved, seconded by R. Kufrin, to deny this claim. All voted aye.

c. Request of Shirley M. Hintz, 7275 S. Quincy Ave., for reimbursement in the amount of $75.00 for damage to her mailbox on 2/12/03.

 

(This claim was discussed at the beginning of the meeting, prior to Ald. Bolender’s arrival.) No representative appeared on behalf of Ms. Hintz. Prior to the meeting, the Committee members received copies of a written statement from Ms. Hintz and a receipt in the amount of $52.79 from Menards for a mailbox. Ms. Hintz requested reimbursement in the amount of $75.00 for the cost of the mailbox plus cost of a neighbor’s labor for installing the replacement mailbox.

 

D. Laehn reported that when Ms. Hintz contacted Street Superintendent Bill Schaper about the damage, she was told the City would replace the mailbox, and that someone would be there in a short time. Ms. Hintz then said that the neighbor was already in the process of installing a new mailbox. The Committee believed that if she had contacted the Street Division earlier, there would have been no need for a neighbor to handle the installation. It was moved by R. Kufrin, seconded by B. Buretta, that the claimant be reimbursed $52.79 for the cost of the mailbox. Both voted aye.

4. Adjournment

B. Buretta, seconded by R. Kufrin, moved to adjourn at 8:40 AM. All voted aye.