HomeMy WebLinkAbout20. 15-453OCTOBER 13, 2015 15-453 RESOLUTION
(CARRIED___6-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY TIMOTHY MAHONEY
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:
Timothy Mahoney DATE OF LOSS: 5/29/2015
(for alleged injuries from falling into a manhole)
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 25, 2015 r
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CITY OF OSHKOSH ` ���' 2 g 2015
ATTN: PAM UBRIG �
PO BOX 1130 �t'T'1'Ci EI23�'S OFFICE
OSHKOSH, WI 54903 ����"----Y`�`�-�"'
RE: Our Claim #: WM000702660781
Date of Loss: OS/29/2015
Claimant: Timothy Mahoney, 8 Butte Des Morts Court
Appleton, WI 54914
Dear Ms. Ubrig:
1241 7ohn Q. Nammons Dr.
i?Q. Box 5555
Madisan, WI 53705-�555
877-�Q4-9712
We are in receipt of the "Notice of Injury and Claim far Damages" submitted by Mr. Mahoney and his
Attorney, John Miller Carroll, in which he is asserting he sustained injuries when he allegedly tripped and
fell in a manhole near Fretello's parking lot in Oshkosh, WI on or about May 29, 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 actual or constructive 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, because tbis "manhole" was not
located in an area intended for pedestrians or public use, the City is not expected to have knowledge of
this grass way. 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. You
may also send a copy to his Attorney, John Miller Carroll. 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
gkilnpton@statewidesvcs.com
CC: David Krueger, Agent