HomeMy WebLinkAbout25. 14-397
AUGUST 26, 2014 14-397 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY MICHAEL CURTIS
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:
Michael Curtis DATE OF LOSS: 3/22/2014
(for alleged injuries from falling on a icy 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.
Statewide Services Inc
Claim division 1241 Jahn Q Hamm
June 2, 2014
CITY OF OSHKOSH
ATTN. PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54003
Via E -mail
RE: Our Claim #: WM000702660711
Date of toss: 03/22/2014
Claimant: Michael Curtis, 1304 Porter Avenue
Oshkosh, W1 54902
Attomey; David Sparr, 103 High Ave
Oshkosh, W154901
Dear Ms. Ubrig:
vn5 F.
RO. Box 5555
Madison, WI 53745 -0555
877 -204 -9712
JUN 0 2014
cf'r ,t, i ----
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 Notice of Injury and Claim dated April 17, 2014, through which Mr. Curtis asserts
he was injured when he allegedly slipped and fell on "an icy sidewalk on property owned by
Virginia Naslund" on March 22, 2014, and is seeking damages in the amount of $250,000,
Please be advised that we recommend that the City of Oshkosh deny this claim pursuant to the
Wisconsin Statute for Disallowance of Claim 893.80(1 g). The disallowance of this claim will
shorten the statute of limitations period to six months. The basis of this denial is that the City of
Oshkosh is not legally liable for the claimant's injuries or damages. Our investigation has
revealed that there is no negligence on behalf of the City as the City had no prior notice of the
condition of the sidewalk. Additionally, the City is entitled to governmental immunity for the
natural accumulation of ice and snow per Wis. StaL 893.83(1). Furthermore, this occurred on
the sidewalk abutting the property of Virginia Naslund. Based on our investigation, it was Ms.
Naslund and/or her contractors who frequently removed the snow in the-lot(s) and dumped it in
the parking lot adjacent to the sidewalk in question. We have witnesses who will testify that Ms.
Naslund did not clear, salt or sand (her) sidewalks.
Please send your disallowance, on your letterhead, directly to the claimant, and her Attorney, at
the above listed addresses. This should be sent certified or registered mail and must be
received by the claimant and her Attorney within 120 days after you received the claim. Please
send me a copy of the Notice of Disallowance for our file.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster 11
855- 828 -5515 / 866 - 828.6513 fax
qkimpton(@statewidesvcs.com
CC: Tim Nickels, Agent
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