File number:             JY05 J008964X
Insured:                   City of Phoenix/Sky Harbor Int'l Airport
Claimant:                 Barbara A. Ibach
Date of incident:     December 24, 2004

Matt:

I have interviewed the police officer, Charles Dykman. He is certain that
the shelf would not stay in an upright position.

He takes strong issue with the story of the maintenance man, Bogardis, so
we have firm and irreconcilable positions taken by two City employees and
no way to reconcile them with certainty.

Dykman told me that he did not interview the claimant, though she was
present -- and in great distress. He spoke with her daughter, Katie. It is
the latter who told him that the shelf had fallen and injured her mother.
He did not ask, nor did Katie say, whether she had actually witnessed the
incident.

He said that he is the one who asked for maintenance to respond, as he was
concerned about the risk to other patrons.

I note that the Fire Department ambulance report says, "Pt. was bending
over to P/U luggage, hit lip on fold down shelf in stall." I have requested
contact with the EMT, even though experience leads me to have little
confidence that the people will recall the incident. Nonetheless, it's
worth a try.

If it meets with your approval, I'll write to the lawyer requesting (1) a
face to face interview, and (2) a medical authorization. It could be
worthwhile to run down the ER personnel and see what they recall about what
the claimant said about the incident. Or would you prefer to await the
opportunity to depose them?

Regards,

Steve Jordan