HomeMy WebLinkAbout16. 14-112
MARCH 11, 2014 14-112 RESOLUTION
(CARRIED___6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY BRENNAN WENDT
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:
Brennan Wendt DATE OF LOSS: 1/29/2014
(for alleged damages to his vehicle from hitting a pothole)
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 nc.
Claim Division 1241 John Q. Hanmmons or.
P.O. Box 5555
February 25, 2014 Madison, w[ 53705-0555
877-204.9712
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660682
Date of Loss: 01129/2014
Claimant: Brennan Wendt, 3210 E Canary Street#2
Appleton, WI 54915
Dear Ms. U brig:
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 have
been notified of the incident in which Mr. Wendt sustained damage to his 2012 Kia Optima when
he allegedly drove over a pothole at or near Jackson Street on January 29, 2014.
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 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. Based on our
discussions with Bob Johnson, the City had no knowledge that a pothole existed near the area
where the water main break occurred on 1125114. The City completed the water main repairs
and restored the road to grade or slightly above-grade condition on 1/27/14, which was 2 days
prior to the date of loss. The City had no knowledge of the existence of any other potholes in the
area until a co-workers mother called to report one on 2/3114, which was 5 days after this
incident.
Therefore, in the absence of negligence and absence of notice of the condition on the part of
the City, 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 11
855-828-5515/866-828-6613 fax
gki_mpton(c statewidesvcs.com
CC: Tim Nickels, Agent