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Home My WebLink About08-385OCTOBER 14, 2008 08 -385 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DISALLOWANCE OF CLAIM BY GENE KENT INITIATED BY: LEGAL DEPARTMENT WHEREAS, the following claim has been referred to the City's insurance carrier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: Gene Kent DATE OF LOSS: 8/8/2008 (damage to vehicle at Market Street & High Avenue) 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. i sEP 0 5 2008 PLEA E PRI CITY CL K -S OFFICE CLAIM FORM Y OF OSHKOSH, WISCONSIN ATTACH COPIES OF ALL BILLS RETURN TO: City Clerk P.O. Box 1130 Oshkosh, WI 54903 -1130 Date of Report: 1 I O2- / tig Date of Incident: 0 3 / D? Time of Incident: : r1v Name: G e- Kt? n + Address: lo( 5 31 S+aVh40 ed vc- - T V rxtoo, I l 'T X, 9 `13 9 5 Phone Number: a 1 0 — a'1 - 35 2 3 Date of Birth: 03 ll?q,. Incident Location: LA%cxh O je. Cad 4'1oVA44 4 S 05W4 11 1- Authorities Contacted? es No Name of Person Contacted: 4 S k ee!S Incident Description: 1-� a h A-oe C L4S LAS} d b5ey -a -d � f � P C � YI fA ir' ti l� � l , � ✓t - » (.o,r, ` �. y n n I V A V� 1411'�'� Lind �a were 1 d as iD✓ta ` re�'f) a-,n A <a4t d; LWWO UCD P QECTIAJ Dire e•Yld O-C f v1u vta 1 eche. 12 i p is iti^C1u cle�� Type of Injury: r)oY) ` If Propert ` y was Damaged Describe: � e' -} 5�a'( rl less s�-ee w C � ( 6eA5 1 k4 3.)a b ) a ✓ll f� i iZ, R _ _ rJ( c0 Y t' 6�lLieo —' w ct,vc G �'I f t S G 1 i rt 5 "t d l la l i er► C' 1 J e �� tt) } N I /e I .r n mL✓� 0&1 1 4 1 a (off ) ! e.n t j Witness Name: Is die h na Phone Number: (Of ay) L4d.a -- a 2.2a Address: _ s it vv ; vin ve- 4Q4 TOTAL CLAIM: $ o �� CLAIMANT SI NAT RE FOR QUESTIONS CALL: CITY CLERK AT 236 -5011 OR CITY ATTORNEY AT 236 -5115 OFFICE USE ONLY: Department Copies: City Manager City Attorney INSURANCE IN Date Reported:_ Reported By: _ CONTACT P Faxed: date time initials Policy Number: 70266 Policy Term: Continuous Phone #: (92 0) 236 -5011 Fax #: (920) 236 -5039 thru Friday 8:00 am — 3:00 pm) KEVIN UHEN Superintendent/Street, Sanitation & Central Garage 639 Witzel Avenue (920) 232 -5382 FAX (920) 235 -5386 kuhen @ci.oshkosh.wi.us (street / sewer) JACK REICHENBERGER SuperintendentNVater Distribution 757 W. 3 Avenue (920) 232 -5332 FAX (920) 232 -5334 jreichenberger@ci.oshkosh.wi.us (water) ROBERT HORTON .Sanitation Supervisor 508 W. 4'" Avenue (920) 232 -5393 FAX (920 232 -5386 rhorton@ci.oshkosh.wi.us (garbage / recycling) ,711na l (,__.2008 OSHKOSH POLICE DEPARTMENT NON- REPORTABLE ACCIDENT FORM LINT.` DATE mm h /v*/Yer TIME /M " ACCIDENT LICHIGHWAY INTERSECTION/RELATEI� PARKING LOT ER c" . (� �. j PREMISE PUBLIC HIGHWAY, NON - INTERSECTION PRIVATE PROPERTY/RD l lp - A LdC LTION °N ESTIMATED Fr N FR om AT OWNERS NAME (Last, Fint MI) ADDRESS (71 MATE UA41JEK VEH YEA MBE MODEL BODY STYLE COLOR VIN NUMBER 4 Ilk DRI4ER NAME(1 - ass; Filstt MI) ADDRESS C1TY) TE ZIP PH NUb1B DRIVERS LICENSE NUMBER STATE EXP. YK RACE SEX BffTHDATE OWNERS NAME as VEHICLE UNIT 1 6 UNIT 2 6 ° MANNER of COLLISION � a DAMAGE 5 6 ° No Collision with Motor Vohicle in rang EXTENT OF EXTENT OF ° 1 2 Rear - End Sides �> same Direction IN DAMAGE: 1 NONE / VERYMINOR / TOWED BY DAMAGE: Rear to Rear ► Sideswipe. Opposite Direction � NONE / VERYMINOR / MINOR TOWED BY Angle (=i Other - OWNER NAME (Last Fast MI) OTHER ADDRESS CITY /STATE /ZIP PHONE NUMBER PROPERTY �,• y DAMAGED (DrscR>PTioN) NAME (Las; First, MI) DOB ADDRESS CITY / STATE / ZIP PHONE NUMBER WITNESS FIRST HARMFUL EVENT WHAT DRIVERS WERE DOING DRIVER FACTORS 1. MOTOR VIII IN TRANSPORT 9. TREE I. GOING STRAIGHT AHEAD 9. HACKING INROADWAY -1. EXCEEDING SPEEDLIMIT. 9. FAILURE TO HAVE CONTROL 2. PARKED MOTOR VEHICLE 10. MAII.BOX 2 MAKING LEFT TURN 10. CHANGING LANES 7 SPEED TOO FAST/CONDITION 10. DRIVFRCONDMCN 3. OTHER OBJECr(NOTFDZED) 11. FENCE 3. MAKING RIGHT TURN 11. OVERTAKING ON LEFT 3. FAIL TO YIE RIGHT of WAY It. OTHERH 4. TRAFFIC SIGN POST 12. DITCH 4. SLOWING OR STOPPING I OVERTAKING ON RIGHT 4. INATTENTIVE DRIVING S. TRAFFIC SIGNAL 13. CURB S. STOPPED IN TRAFFIC 13. MAKING U-TURN 3. FOLLOWING TOO CLOSE 6. UTILItYPOLE 14. EMBANKMENT 6. LEGALLY PARKED 14. TURNING ON RED 6.1I4PROPERIURN 7. LUM LIGHT SUPPORT 15. OTBERFIX® OBJECT 7. ILLEGALLY PARKED IS MERGING 7. DISREGARDED TRAFFIC CONTROL 8.0T'IID2POST 16. UNKNOWN B. PARKING MANEUVER 16. OTHER 8.UNSAFE BACKING' UNIT # 1F/ UNIT # 2 UNIT # I � UNIT # 2 NARRATIVE --. 57 " s'°t'`r °rv'`" C''" 1�:.. as "` . f � ! Y.r'C`"�f i. /^� P (..r'.i "=C✓ l v �' , G f � e.✓' �`N � 1,7 l r`C � /C � �# " . 3 � .¢ asp". � {'� "Y / �c� r" �� I ' L' �/�Y✓� � J � /�" ✓��'" .� p�+ �J�/' � / ,r ,{ .�•. � �� (PRINT] )FFICER NAME - a. S BADGE #-.-s / � AREA DATE OF REPORT BPD FORM # 29 faze^ # MIDWEST CLAIMS SERVICE 1700 Opdyke Court Auburn Hills, Michigan 48326 (248) 371 -3100 (800) 225 -6561 (248) 371 -3091 fax www.midwestclaims.com September 22, 2008 Gene Kent 19531 Stamford Drive Tomball, TX 77375 Re: Program: League of Wisconsin Municipalities Mutual Insurance Our Insured: City of Oshkosh Date of Loss: 08/08/2008 Our Claim # W18 136854 Dear Mr. Kent: 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 are in receipt of the above - stated claim in which you struck a curb that was protruding from the end of a parking lane. Please be advised that we have completed our investigation and will be recommending that the City of Oshkosh deny this claim. After your incident, a City employee went out to the site and found that there was no defect with the curb. Furthermore, please be advised a municipality has no liability unless it knew, or should have known, of the existence of the defect and had a reasonable amount of time to repair the defect. Sincerely, Melissa Reitter Claims Adjuster SEP 2 5 2008 � Y l �� 'R, ItANCE 14 NGS, INC.TM September 22, 2008 City of Oshkosh Attn: Pamela Ubrig P.O. Box 1130 Oshkosh, WI 54902 1700 Opdyke Court Auburn Hills, Michigan Re: 48326 Program: (248) 371 -3100 Our Insured: (800) 225 -6561 Date of Loss (248) 371 -3091 fax Our Claim # www.midwestclaims.com Claimant: Dear Ms. Ubrig: League of Wisconsin Municipalities Mutual Insurance City of Oshkosh 08/08/2008 W18 136854 Gene Kent 19531 Stamford Drive Tomball, TX 77375 Midwest Claims Service, Ind. is the claims administrator for the League of Wisconsin Municipalities Mutual Insurance who provides the insurance coverage for the City of Oshkosh. We received a claim in which the claimant alleged that he struck a curb that was protruding from the end of a parking lane. 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 is that there is no negligence on behalf of the City of Oshkosh. After your incident, a City employee went out to the site and found that there was no defect with the curb. Furthermore, please be advised a municipality has no liability unless it knew, or should have known, of the existence of the defect and had a reasonable amount of time to repair the C Please send your denial letter directly to the claimant at the above - stated address. This denial should be sent certified or registered (restricted) mail 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 me at 1 -800- 225 -6561 (extension 3092). Sincerely i ' Li Imo: L � 1 SEP 25 2008. Melissa Reitter Claims Adjuster cc: HRH Insurance Services A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.- 136854 OSHKOSH CITY OF 09/08/2008 11:07 AM - SJM SENT ACKNOWLEDGEMENT FAX TO INSURED, 09/10/2008 9:10 AM - MLR COVERAGE: D/L occurred 08/08/2008. Policy effective date falls between 02/01/2008 to 02/01/2009 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 CLAIMANT: Gene Kent 19531 Stamford Drive Tomball, TX 77375 210 -275 -3583 FACTS: per loss notice: The claimant alleges that he hit a protruding curb at the end of a parking lane. The claimant was traveling E. on High Ave. (US 45). LIABILITY. Doubtful. DAMAGES: The claimant is seeking reimbursement in the amount of $1,522.88. RESERVE: There is a 10% chance we will pay this claim. At this time, I will post a $152.29 reserve. EVALUATION: From: Reitter, Melissa Sent: Wednesday, September 10, 2008 9:02 AM To: 'Kuhen @ci.oshkosh.wi.us' Subject: New Claim for Gene Kent - Claim # 136854 Importance: High Hi Kevin, The claimant alleges that he hit a protruding curb at the end of a parking lane. The claimant was traveling E. on High Ave. (US 45). 1 need to know when the City first received notice of the protruding curb and when it was fix. Thanks, Melissa MLR 112 09/12/2008 12:48 PM - MLR From: Uhen, Kevin E. [mailto:kuhen @ci.oshkosh.wi.us] Sent: Wednesday, September 10, 2008 10:09 AM To: Reitter, Melissa Subject: RE: New Claim for Gene Kent - Claim # 136854 Melissa, The curb in question is not damaged. It is a permanent design of the roadway. It appears as though the claimant was unfamiliar with the area and was trying to read detour signs when he struck the curb. Kevin Uhen City of Oshkosh Street, Sanitation & Central Garage Superintendent 920.232.5382 MLR 09/22/2008 12:48 PM - MLR EVALUATION: I have sent a letter to the City recommending that they deny this claim. I also sent a letter to the claimant letting him know our recommendation to the City is to deny this claim. FILE CLOSED MLR 212