HomeMy WebLinkAbout16. 15-449OCTOBER 13, 2015 15-449 RESOLUTION
(CARRIED___ 6-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY BRITTNIE FAULKS
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:
Brittnie Faulks DATE OF LOSS: 6/3/2015
(for alleged injuries from falling at the zoo)
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.
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September 29, 2015
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660794
Date of Loss: 06/03/2015
Claimant: Brittnie Faulks, 1190 Christopher Dr #11
Neenah, WI 54956
Dear Ms. Ubrig:
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1241 John Q. Hammans Or.
P.O. E3ox 5555
Madist�n, WI 537p5-05S5
877-204-9712
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
"Claim" documentation submitted by Ms. Faulks in which she is asserting a claim for damages and
injuries she allegedly sustained when her foot rolled in a"pothole" at/near the elk area at the Menominee
Park Zoo on June 3, 2015.
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 lrnown, of the existence of the condition and had reasonable
amount of time to repair the condition. Additionally, the City/Menominee Park Zoo has a regular
maintenance program in place. 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(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. 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 II
855-828-5515 / 866-828-6613 fax
�kiulpton C� statewidesvcs.com
CC: David Krueger, Agent