HomeMy WebLinkAbout33876 / 86-27Aprit 17, 19tl6
(CARRIED LOST
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PURPOSE: AUTHORIZE SETTLEMENT WITH GROVE MANUFACTURING
RE: FIRE DEPARTMENT LADDER
INITIATED BY: LEGAL DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper
City officials are hereby authorized and directed to settle a lawsuit between
the City of Oshkosh and Grove Manufacturing in the amount of $27,000 and in
accordance with the attached letter.
I SUBkITTED BY
...� �
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2
Resol. #27
f
THOMAS E. HUGHES
HENRY C.MhTHEW50N
EDMUND C CARNS
LAW OFFICES OF
HUGHES, MATHEWSON & CARNS
1621 CONGRE55 AVENUE
P.O. BOX 82i
OSHKOSH, W[SCONSIN 54902-0823
' (414) 231-8200
Mr. John Pence
City Attorney
P. 0. Box 1130
Oshkosh. Wisconsin
Re
Dear John:
We have
ants in the
and it doesn
March 19, 1986
54902-1130
City o£ Oshkosh vs.
Grove Manufacturing Co.
HEMiY P. HUGF[ES 1951-1968
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received an offer of settlement from the defend-
above matter. At this point we are at $27,000
't appear they will go any higher.
If the case were to be settled at this juncture, my ex-
penses to date are S4728.94. Attorney's £ees would be
$5500.00 and the City would net out $16,721.06.
Based upon projected additional costs to try the matter,
we would have to get a net verdict in excess of $36,000.00 to
arrive at the same figure as outlined above.
There are a number of problems involved for us, two of
which are the proper measure of damages, which the defendants
claim is at $11,000.00 figure rather tha❑ the $65,000.00 figure.
Plus they claim we have a much newer iz3der which did not have
the depreciated value of the one that fractured. I view
these as not major problems, but, however, confusing ones.
The more important problem is that
body put in an improper hydraulic valve
pointing to either the City or American
- 43a -
Grove claims that some-
To that they are
If they hang the
Resol. #27
Mr. John Pence
March 19, 1986
Page 2
wreath on American's door, we would not recover anything be-
cause of their bankruptcy.
I am also moderately concerned about what a jury's
attitude would be in April after having read all this product
liability garbage in the periodicals.
After you have had a chance to review this letter, would
you please contact me so we may discuss this matter.
Very �fuly yours,
/� �
Thoma E. Hughes
TEH:bv
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