HomeMy WebLinkAbout09-341AUGUST 25, 2009 09 -341 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY JOHN & ANN TERZYNSKI
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:
John & Ann Terzynski DATE OF LOSS: 3/2/2009
(for injuries from allegedly slipping and falling on the sidewalk)
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.
Y.
N"
,
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig,
August 12, 2009
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
Our Insured:
Date of loss:
Our Claim #:
Claimant:
Fj U ; AUG 17 2009
CITY C
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
3/2/2009
WI8 140988
John & Ann Terzynski: 3812 Red Oak Ct. Oshkosh
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 are in receipt of the above -
stated Formal Notice of Claim in which the claimant sustained bodily injury when he slipped and fell on an
alleged, unnatural accumulation of snow and/or ice on the Jackson Street sidewalk, located directly in front
of the Public Safety Building.
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(lg). The disallowance of the
claim will shorten the statute of limitations period to 6 months. The basis of this denial should be that there
is no negligence on behalf of the City of Oshkosh. To begin, the claimant attorney has not produced any
proof that supports his allegation that this accumulation was unnatural. Should it ever be proven that this
snow /ice was in fact an unnatural accumulation the City would not be considered negligent as the
maintenance staff is very diligent with respect to inspecting, salting and shoveling this particular sidewalk
during the winter months. The care taken to tend to this sidewalk is more than reasonable.
Additionally, our investigation has revealed that it snowed just days prior to the date of loss and that this
alleged snow /ice may have been a natural accumulation. The City of Oshkosh is entitled to governmental
immunity for the natural accumulation of ice and snow, as long as the snow /ice was present for less than 3
weeks.
Please send your denial directly to the claiman t , at the above listed address. This denial should be sent
certified or registered mail and must be received by the Claimant within 120 days after you received the
claim. Please send a copy of the disallowance to Midwest Claims Service.