HomeMy WebLinkAbout23. 15-397AUGUST 25, 2015 15-397 RESOLUTION
(CARRIED___ 7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY CHERYL SCHETTL
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:
Cheryl Schettl DATE OF LOSS: 5/7/2015
(for alleged damages from falling on the 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.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO ) SS
CITY OF OSHKOSH )
Statewide Services, Inc,
Claim Division 1241 John Q. Hammons Dr.
P.O. Box 5555
Madison,WI 53705-0555
877-204-9712
August 11, 2015
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH,WI 54903
RE: Our Claim#: WM000702660783
Date of Loss: 05/07/2015
Claimant: Cheryl Schettl, 2365 Parkside Dr
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
"Notice of Injury"dated July 1, 2015 submitted by Ms. Schettl in which she is asserting she sustained
injuries when she allegedly fell on a sidewalk at or near 209 Jackson Street on or about May 7, 2015. In
her Notice, she demands $250,000 for damages.
We have reviewed this claim, and based on the information available to us at this time, 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.Additionally, the demand of$250,000 is five times the statutory municipal cap of
$50,000. Therefore,in the absence of negligence and absence of notice of the condition on the part of the
City, in addition to the demand far exceeding the cap, we recommend that the City of Oshkosh disallow
this claim pursuant to the Wisconsin Statute for disallowance of claim 893.80(lg).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. You
may also send a copy to her Attorney,David Sparr,if you wish.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.
Thank you.
Sincerely,
Ginger Kimpton
Casualty Claims Adjuster II
855-828-5515 /866-828-6613 fax
gkimpton@statewidesvcs.com
CC: David Krueger,Agent