HomeMy WebLinkAbout18. 20-283 JUNE 23,2020 20-283 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MICHAEL NORTON
INITIATED BY: LEGAL DEPARTMENT
WHEREAS,the following claim has been referred to the City's insurance carrier which has
recommended disallowance.
NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of Oshkosh that
the proper City officials are hereby authorized and directed to disallow the following claim against
the City of Oshkosh:
Michael Norton DATE OF LOSS: 01/10/2020
(for alleged injuries from falling at South Park)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by
certified mail of the disallowance and the fact that the claimant has six months from the date of
service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution
and notice of disallowance to the appropriate insurance carrier for the City of Oshkosh.
Statewide Services,_Inc,
Claim Division 1241 John Q.Hammons Dr.
P.O.Box 5555
Madison,W153705-0555
877-204-9712
June 4,2020
CITY OF OSHKOSH Via E-mail
ATTN:PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702661035
Date of Loss: 01/10/2020
Claimant: Michael Norton, 1029 South Main Street Apt#B, Oshkosh WI 54902
Dear Ms.Ubrig:
Statewide Services,Inc.administers the claims for the League of Wisconsin Municipalities Mutual
Insurance,which provides the insurance coverage for the City of Oshkosh.We are in receipt of the Claim
documentation Mr.Norton submitted in which he asserts he sustained bodily injury as the result of an
alleged slip and fall on a memorial tree marker when he was walking through South Park on the evening
of January 10,2020.
Please be advised that I am recommending the City of Oshkosh deny this claim pursuant to the Wisconsin
Statute for Disallowance of Claim 893.80(lg).The disallowance of this claim will shorten the statute of
limitations period to six months.The basis of this denial is that the City of Oshkosh is not legally liable
for the claimant's injuries or damages. Our investigation has revealed that there is no negligence on
behalf of the City as the City is entitled to governmental immunity for the natural accumulation of ice and
snow on sidewalks. However,on this particular evening,for whatever reason,Mr.Norton made the
decision to veer off the walkway and walk through the snow-covered grassy area with numerous trees.
This incident did not occur on the walkway,but rather it occurred in the grassy area as a result of a
decision Mr.Norton made to cut through the park.For this reason,we believe Mr.Norton would be the
negligent party/person for this incident.
Please send your disallowance,on your letterhead, directly to the claimant at the above listed address.
This should be sent certified or registered mail and must be received by the claimant and her Attorney
within 120 days after you received the Claim documentation(April 2,2020).Please send me a copy of the
Notice of Disallowance for my file.
Sincerely,
Ginger Kimpton
Senior Casualty Claims Adjuster
855-828-5515 phone/866-828-6613 fax
gkimpton@statewidesvcs.com RECEIVED
JUN 0 4 2020
CC: Sherri Regenwether,Agent
CITY CLERK'S OFFICE