HomeMy WebLinkAbout16. 14-262
JUNE 24, 2014 14-262 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MARY SIDLO
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:
Mary Sidlo DATE OF LOSS: 4/10/2014
(for alleged sewer backup)
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.
Ms. Pamela Ubrig, City Clerk
City of Oshkosh
PO Box 1130
Oshkosh, WI 54902
RE: Mary Sidlo v. City of Oshkosh
Claim No, WM000702660713
D /L; 04/10/14
Statewide Services, Inc. administers claims for the League of Wisconsin Municipalities
Mutual Insurance, which provides liability insurance for the City of Oshkosh.
Statewide Services has completed its investigation and determined that there is no
negligence or liability on the part of the City of Oshkosh. Our investigation has revealed that the
sewer backup at issue occurred in the lateral, rather than originating in the mains serviced by
the City. Furthermore, the invoice from Empty Sewer & Drain, (the company called to clean the
line after the initial backup) states that the service provided was cleaning out "roots and baby
wipes." The tenant at the subject property, Joy Boushele has confirmed that she has two young
children residing at the home, and that they may have flushed such wipes down the toilet. We
have also contacted the owner of Empty Sewer and Drain, and he confirmed that he believes
the blockage at issue was contained within the lateral. As such, we see no negligence on the
part of the City of Oshkosh. We are therefore recommending that the City disallow the claim.
We recommend that the City disallow this claim pursuant to the Wisconsin Statute for
disallowance of claim, 893.80(1g). Disallowance in this manner will shorten the statute of
limitations period to six months. Please send your 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 letter for our file.