HomeMy WebLinkAbout09-340AUGUST 25, 2009 09 -340 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY NICOLE SCHETTLE
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:
Nicole Schettle DATE OF LOSS: 5/22/2009
(for alleged scratch by a monkey while visiting Menominee Park Zoo)
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.
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August 12, 2009 . _
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City of Oshkosh n ' '°
Attn: Pamela Ubrig
215 Church Ave.
MIDWEST P.O. Box 1130
CLAIMS SERVICE Oshkosh, WI 54903 -1130
1700 Opdyke Court
Auburn Hills, Michigan
Re: Program:
League of Wisconsin Municipalities Mutual Insurance
48326
Our Insured:
City of Oshkosh
(248) 371 -3100
Date of loss:
5/22/08
(800) 225 -6561
Our Claim #:
NVI8 136163
(248) 371 -3091 fax
Claimant:
Nichole Schettle: 802 West 6"' Ave., Oshkosh, WI
www.midwestclaims.com
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 are in receipt of the above -
stated Formal Notice of Claim filed on behalf of claimant, Nichole Schettle. The claimant alleges that she
sustained bodily injury and personal injury when she was allegedly scratched by a Rhesus monkey at the
Menomin6e Park Zoo on May 22, 2008. The claimant's attorney alleges that the City of Oshkosh was
negligent with respect to caging the monkey.
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. Our investigation has revealed that the caging is
adequate as the USDA confirmed that the cage for the Rhesus Monkey meets their standards.
Additionally, it should be noted that in order for Ms. Schettle to have sustained the injury she alleges, she
must have either hopped the concrete barrier and/or leaned over the concrete barrier with her arm
outstretched in an attempt to touch this monkey. Her attorney has not thoroughly explained how his client
became scratched. It seems clear that Ms. Schettle would be found to be more than 50% comparatively
negligent which would bar her claim. Lastly, should a degree of negligence ever been found on behalf of
the City of Oshkosh, the City may be entitled to recreational and/or municipal immunity defenses.
Please send your denial directly to the claimant 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 denial letter to our address as stated above.
Sincerely,
Jessica Lowther,'SCL
Senior Claims Adjuster
CC: WILLIS HRH
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'