HomeMy WebLinkAbout38. 14-34
JANUARY 14, 2014 14-34 RESOLUTION
(CARRIED__6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY JEANNEE HAUGEN
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:
Jeannee Haugen DATE OF LOSS: 9/17/2013
(for alleged damages from hitting a pothole with her bicycle)
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,WT 53705-0555
January 7, 2014 877-204-9712
CITY OF OSHKOSH
ATTN: PAM UBRIG -
PO BOX 1130
RECEIVED
OSHKOSH,WI 54902
JAN $ 2014
RE: Our Claim #: WM000702660670 —
CITY CLERA' .
Date of Loss: 09/17/2013
Claimant: Jeannee Haugen, 1343 Ceape Ave
Oshkosh,WI 54901
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 submitted by Ms. Haugen in which she is asserting she
sustained bodily injury(s)when she allegedly hit a pothole with her bicycle and tipped over at
the"corner of Mill and Ceape" on or about September 17, 2013 at approximately 11:20 pm.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this
incident as the City did not have prior notice of the specific condition which allegedly caused this
incident. A municipality has no liability unless it knew, or should have known, of the existence of
the condition and had reasonable amount of time to repair the condition. There are also
arguments for discretionary immunity. Finally, there is contributory negligence on Ms. Haugen
as she was riding her bike at 11:20pm in the dark with no helmet or front light on her bike.
Therefore, in the absence of negligence, absence of notice of the specific condition and
discretionary immunity on the part of the City, as well as contributory negligence on the part of
the claimant, we recommend that the City of Oshkosh disallow this claim pursuant to the
Wisconsin Statute for disallowance of claim 893.80(1g).The disallowance of the claim in this
manner will allow us to shorten the statute of limitations period to six months.
Please send the disallowance, on your letterhead, directly to the claimant at the above listed
address.This 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 me a copy of the Notice of
Disallowance for our file.
Thank you.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515/866-828-6613 fax
okimpton(c statewidesvcs.com
CC: Tim Nickels, Agent