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Home My WebLink About08-387OCTOBER 14, 2008 08 -387 RESOLUTION (CARRIED 6 -1 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY JESSICA PREISSNER INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance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: Jessica Preissner DATE OF LOSS: 8/3/2008 (damage to vehicle as a result of hitting a mailbox) 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. M e, PLEASE PRINT Date of Rep Vame: Nddress: CLAIM FORM CITY OF OSHKOSH, WISCONSIN ATTACH COPIES OF ALL BILLS RETURN TO: x,3,55 City Clerk P.O. Box 1130 Oshkosh, WI 54903 -1130 Da e of Incident / / ,2L Time of Incident: am /pm I Do 4 SLER —Q 'hone Number: "4(]g ncident Location Nuthorities Contacted? ncident Description: _ f Property was Damaged, Describe: g Nitness Name: 4ddress: TOTAL CLAIM: � ��7� Q C Ir\ CLAIMANT SIGNATURE FOR QUESTIONS CALL: CITY CLERK AT 236-5011 OR CITY ATTORNEY AT 236 -5115 OFFICE USE ONLY: Department Copies: City Manager Faxed: / � —q ity Attorn date time initials INSURANCE INFO AT Date Reporte - - c. Policy Number: 70266 Policy Term: Continuous Reported By: Phone #: (920) 236 -5011 Fax #: (920) 236 -5039 CONTACT PERSON: (Available1lday thru Friday 8:00 am — 3:00 pm) KEVIN UHEN JACK REICHENBERGER ROBERT NORTON Superintendent/Street, Superintendent/Water Distribution Sanitation Supervisor Sanitation & Central Garage 757 W. 3�d Avenue 508 W. 4` Avenue 539 Witzel Avenue (920) 232 -5332 FAX (920) 232 -5334 (920) 232 -5393 FAX (920 232 -5386 (920) 232 -5382 FAX (920) 235 -5386 jreichenberger @ci.oshkosh.wi.us rhorton @ci.oshkosh.wi.us kuhen @cLoshkosh.wi.us (water) (garbage / recycling) (street / sewer D 17, 2007 Phone Number: Jessica L Preissner !00 4' Street Fond du Lac W154935 (920) 517 -8418 y Clerk Jessica L Preissner Subject:, Notice of Claim To whom it may concern; My name is Jessica Preissner and I was involved in an accident August 3, 2008, on South Washburn Street. What happened was 1 was traveling from Oshkosh to Fond du Lac and the bridge to get on Highway 41 was closed so I took a right on South Washburn. I had never driven this way before so I stayed in the right lane. Two semis were passing by me in the left lane, heading in the same direction as 1 was. It was raining hard and all of a sudden the right lane ended. In front of me was the mailbox for Hawthorn Inn and Suites. I hit my brakes but it was too late, the mix of rain and gravel caused me to collide with the mailbox, causing $1,666.95 in damage to my vehicle which was purchased 2 days prior. If it wasn't for the negligence of Winnebago County, this accident could have been prevented. When I went in to the Hawthorn to call the police and notify them that I hit their mailbox the woman was not surprised. She told me that this happens on a regular basis but most people just keep driving. After reporting to the police I went back to make sure I didn't miss a sign indicating the right lane ends but when 1 came back through the second time 1 noticed there was no sign not even a merge sign or anything! I believe this is a dangerous interaction and it should be posted immediately! For this I believe that Winnebago County should be liable for not only the damage done to my vehicle but also the mailbox involved and the way this accident will affect my insurance premiums. Attached is a copy of the estimate to fix the damage done to my vehicle. Please contact me as soon as possible to resolve this issue! Jessica Preissne / C � 0 � E IC9EuVED U 11 AUG 13 2008 CITY CLERK'S OFFICE September 11, 2008 MIDWEST City of Oshkosh CLAIMS SERVICE Attn: Pamela Ubrig P.O. Box 1130 1700 A ubur n o n H i lls, court A Oshkosh WI 54902 uburills, Michigan � 48326 (248) 371 -3100 (800) 225 -6561 (248) 371 -3091 fax Re: Program: League of Wisconsin Municipalities Mutual Insurance www.midwestclaims.com Our Insured: City of Oshk Date of loss: 08/03/2008 Our Claim #: W18 136535 Claimant: Jessica Preissner 100 4th Street Fond Du Lac, WI 54935 Dear Ms. Ubrig: Midwest Claims Service, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance who provides the insurance coverage for the City of Oshkosh. We have received a claim in which the claimant feels the City is responsible for the damage'to her vehicle. We have completed our investigation of this claim and recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin statute for disallowance of claim 893.80(1 g). The disallowance of the claim in this manner will allow us to shorten the statute of limitations period to 6 months. The basis of this denial should be that we did not find any negligence on behalf of the City of Oshkosh. Furthermore, if there were a finding of negligence, the City of Oshkosh would be entitled to governmental immunity. Immunity extends where decisions involve the exercise discretion as opposed to profession or technical judgment. D � +' �" I�_• II X11 t S E P 18 2008 I 'CITY CLE RKS S S OFFICE A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.' Please send your denial letter directly to the claimant at the above - stated address. This denial should be sent certified or registered mail (restricted) and must be received by the claimant within 120 days after you received the claim. Please send a copy of your denial to our address as stated above. If you have any further questions, please feel free to call meat 1- 800 - 225 -6561 (extension 3092). Thank you. Sincerely, Melissa Reitter Claims Adjuster cc: HRH Insurance Services September 11, 2008 Jessica Preissner 1700 Opdyke court 100 4th Street Auburn Hills, Michigan Fond Du Lac, WI 54935 48326 (248) 371 -3100 (800) 225 -6561 (248) 371 -3091 fax www.midwesfciaims.com Re: Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of loss: 08/03/2008 Our Claim #: W18 136535 Dear: Ms. Preissner: Midwest Claims Service, Inc. is the claims administrator for the League of Wisconsin Municipalities Mutual Insurance who provides the insurance coverage for the City of Oshkosh. We have received a claim in which you feel the City is responsible for the damages to your vehicle. Please be advised that we have completed our investigation of this matter and will be recommending that the City of Oshkosh deny this matter. The basis of the denial is that there is no negligence on behalf of the City of Oshkosh. Furthermore, if there were a finding of negligence, the City of Oshkosh would be entitled to governmental immunity. Sincerely, Melissa Reitter Claims Adjuster 7 F L r V 1 r L cc: City of Oshkosh s SEP 2008 CITY L ED'S 01-AC A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.' 136535.OSHKOS C ITY O 08/14/2008 2 :10 PM - SJM SENT ACKNOWLEDGEMENT FAX TO INSURED, 08/21/2008 10:03 AM - MLR COVERAGE: D/L occurred08 /03/2008. Policy effective date falls between 02/01/2008 to 02/0112009. COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY NO DED. $5,000,000.00 LIMIT INSURED: City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 Kevin Uhen - 920- 232 -5382 - Kuhen @ci.oshkosh.wi.us - Superintendent/Street CLAIMANT: Jessica Preissner 100 4th Street Fond Du Lac, WI 54935 920- 517 -8418 FACTS: per loss notice: The claimant was traveling on South Washburn, in the right -hand lane and struck a mailbox owned by Hawthorn Inn and Suites. The claimant's visible was limited because it was raining and did not know the right lane ended. The Claimant feels that the City is responsible because the City did not have the area marked with a right lane ends sign or a merge sign. LIABILITY: TBD DAMAGES: YZ's Body Shop, Inc. $1,866.95 RESERVE: TBD EVALUATION: From: Reitter, Melissa Sent: Thursday, August 21, 2008 9:35 AM To: 'Kuhen @ci.oshkosh.wi.us' Subject: NEW CLAIM - Jessica Presissner - Claim # 136535 Hi Kevin, I am writing to you regarding the new claim we received from Jessica Preissner. Jessica hit a mailbox while traveling on South Washburn. Apparently, the right lane ends on South Washburn Street by Hawthorn Inn and Suites and she was not aware the lane ended. Jessica feels that the City is responsible for the repairs to the vehicle because the area was not properly marked with a right lane ends sign or merge sign. Is the area by the hotel supposed to have a sign? Who is 1 \2 responsible for putting up the sign? Has the City ever had complaints about this area? Please e-mail me back A.S.A.P. Thanks, Melissa I s/w Jessica and she advised that she was traveling 25 to 30 MPH per hour. Jessica adivsed the the City put up a sign, indicating that the right lane ends. TO BE DONE: - investigation MLR 09110/2008 11:54 AM - MLR From: Strong, Christopher K. [mailto :CStrong @ci.oshkosh.wi.us) Sent: Thursday, August 21, 2008 11:39 AM To: Reitter, Melissa Cc: Uhen, Kevin E.; Maxwell, Greg Subject: RE: NEW CLAIM - Jessica Presissner - Claim # 136535 Hi Melissa, I'm the Director of Transportation for the city, and the sign shop is part of my department's area of responsibility. We received a copy of the claim. Upon field investigation, we determined it would be consistent with our sign practices to install a sign to warn drivers in that type of location. Our field investigation confirmed that no sign was present. We therefore installed a new sign at that location. To my knowledge, we have received no complaints about the lack of signage in this area. I hope this helps. Please feel free to contact me if you need additional information. Thanks, -Chris - -------------- - - - - -- _ ---- - ----- Christopher Strong, P. E. Director of Transportation City of Oshkosh PO Box 1130 Oshkosh, WI 54903 -1130 E -mail: CStrong @ci.oshkosh.wi.us Phone: (920) 232 -5342 I have sent a letter to the City recommending that the City deny this claim. I also sent a letter to the claimant. The basis of this denial should be that we did not find any negligence on behalf of the City of Oshkosh. Furthermore, if there were a finding of negligence, the City of Oshkosh would be entitled to governmental immunity. Immunity extends where decisions involve the exercise discretion as opposed to profession or technical judgment. I s/w Jessica and advised her that we are recommending that the City deny this claim. FILE CLOSED MLR 212