File #: SC-1920-8    Version: 1 Name: Special Claim from Paul Zuck
Type: Special Claim Status: Passed
File created: 12/4/2019 In control: City Council
On agenda: 12/10/2019 Final action: 12/10/2019
Title: SPECIAL CLAIM SC-1920-8: SUBMITTED BY PAUL ZUCK IN THE AMOUNT OF $2,407.27 FOR DAMAGE HIS VEHICLE RECEIVED WHEN IT WAS STRUCK BY TIRE DEBRIS FROM A CITY VEHICLE TRAVELING FROM INTERSTATE 35.
Attachments: 1. City Council Staff Report, 2. City Clerk memo, 3. Notice of Tort Claim, 4. Damage Estimate

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SPECIAL CLAIM SC-1920-8:  SUBMITTED BY PAUL ZUCK IN THE AMOUNT OF $2,407.27 FOR DAMAGE HIS VEHICLE RECEIVED WHEN IT WAS STRUCK BY TIRE DEBRIS FROM A CITY VEHICLE TRAVELING FROM INTERSTATE 35.

 

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BACKGROUNDA claim was filed by Paul Zuck in the amount of $2,407.27 for damage his vehicle received when it was struck by tire debris on August 13, 2019, while traveling behind a City truck on an Interstate 35 exit.

 

DISCUSSIONThis incident was investigated by Tony Mensah, Street Superintendent, who found on August 13, 2019, a City Street Maintenance tanker truck was traveling on Interstate 35 on the way to obtain street tack oil.  As the City truck began to exit onto Interstate 40, an inside passenger-side tire blew out and released tire debris onto the highway.  Mr. Zuck was traveling behind the City truck at the time and his vehicle was subsequently struck by the tire debris.

 

Mr. Zuck submitted three (3) estimates to repair the front end of his 2004 Chevrolet Silverado, with the lowest estimate being $2,407.27.  Since Mr. Zuck’s vehicle is valued at approximately $2,740, payment of the repair cost is appropriate. 

 

As indicated above, there appears to be possible negligence on the part of the City in this matter and consequently potential liability on the City.  The claim of Mr. Zuck, in the amount of $2,407.27, appears reasonable.

 

RECOMMENDATIONBased upon the above and foregoing, it is the recommendation of the City Attorney’s office that the claim of Paul Zuck, in the amount of $2,407.27 as set forth above, be approved.