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Home My WebLink About29119 / 77-12� c 0 Septc�mber 15 , 19 7 7 PURPOSE: PAYM�3VT OF CLAIMS INITIATED BY: CITY ADMINISTRATION � 12 �so�rrzorr HE IT RESOLVED by the Con�n Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to gay the follawing claims: HOLLIS B. FISHER 19 East Nevada Avenue Oshkosh, WI 54901 DAI,E RUEDINGER 2790 Jackson Drive Road Oshkosh, WI 54901 LARRY ��tK 1325 Jacksan S-treet Oshkosh, WI 54901 ANG"r,LIIvE A. BINDER 11.0 ��'eSt )_7th A��en�aP Oshkosh, WI 54901 $199.85 $343.15 $103.32 $250.00 1 �� L �ti � ! � 1 � �� Nioney for this purpose is hereby appropriated from Account No. 087690, Clairns for Damages Acc�unt. - 12. - � �� , VERNOti A. SWANSON '��j�',�'� �e,°�:`�� .k"�. ;y�&�' p,sf.�.� ��t�,za r,.a^y^ae wa �:��" _ _ .k_.f. - �;',`. �., ,,,F� � � 1� . SWANSON LAW OFFICE ATTOKNEYS AT LAW 808 OREGOti ST. OSHKOSH, 45IS. 5�901 July 5, 1977 John Pence ,,,, .. City Attorney 215 Church Avenue Oshkosh, Wisconsin 54901 _ RE: ollis Fisher '> lain of 5/15 7 Dear Mr. Pence : / \ � �.�t �' �l. PH T� BO�''0 5•6fi90 J U L 6- 1977 :C�.T_x ATTORNEY'S :OFFICE ., _ �ry _ . � - '�J �l � 1 : .� �= % ,c� - . - . � - � �-. �� This claim involves a motorcycle operator whc, struck a hole in the road at Libbey and Harrison. This was new pavernent which was dug up by the City Street Department. Apparently the excavation was filled in with gravel. Rain apparently caused settling and there was a holP develo�ed which was n�t readily observable to a user of this highway. There were no sub-c�ntractors involved and no danger or warning signs erected by the City crews. t�'e feel that there was negligence on the part of the City crews in not anticipating that settling could occur. Shortly after these accidents occurred this area was blacktogped and subse - quently has been paved over. There were at least two other accidents at this site. Hollis Fisher, 19 E. Nevada Street, Oshkosh, preser�ts this claim for damage to his 1976 Kawasaki motor bilce which he purchased recently for $3,295. There was only 2,000 piles pn it, tag �agnesiun wheels and our adjustor has inspected the wheel and the damage appears to be in order. We recommen3 that the C�uncil approve g�.yment of this clain in the amount of $199.85. Very truly yours, � SWAN N LAW OFFI CE . � ��it,��-�-�-�-� � By: Ve rnr�n A. Swanson VAS/js Enclosure -, ` � ; , _ _ ___�_____ VERNON A. SWANSON SWANS�N LAW OFFICE ATTORNEYS AT LA1i' 808 OREGON ST. OSHKOSH, WIS. 54901 August 17, 1977 John W. Pence City Attorney . 215 Church Avenue Oshkosh, Wisconsin 54901 _ __ __ . -_ In Re: Claiman � Angeline A. Binder � Date of Claim: June 2, 1977 The C laimant : Angeline A, Binder, 110 West 17th Avenue Oshkosh, Wisconsin age 75 54901 POSTAL BOX 602 TELEPHONE (4l �) 235•6690 Mrs. Binder was a cdstumer at the Woolworth Company at the inter- section of Main and Washington Avenue, weather was good and the streets were dry. About 3:30 p.m. she walked out the front doar of the Woolworth's building, made a right turn and started walking east on Washington Avenue, carring her purse �and sma11 packages, when� her foot caught on the walk. She fell foreward, stri�king her knees in the process and also her right elbow. She immediately reported this to the manager of Woolworth Comp- any, who directed her to file a claim against the City of Oshkcs h. She drove to City Hall and =eported immediately to the City Clerk. She saw Dr. Nyal Scheurmann, who took g-rays of the knee and placed the arm in a sling. There are pictures of the scene enclosed which clearly show a de- fect in the sidewalk, showing a 12 inch rise on the southside of the sidewalk going up to flush at the north end of the sidewalk. She apparently was walking on the southside nearest the building. This is a case of Divided Liability insofar so the Case Law�seems to indicate that it is a question in fact for the Jury, as to whether or not this is negligence an a sit�ion of 12 inch. The expenses involved here we=e: X-rays Dr. Scheuermann Pain pills S tocl�ngs Sweater Hairwash I.roning and Cleaning Total $102.00 60,00 2. 71 1.50 15.00 6. 00 I0.00 $197. 21 � p :.. 5 ':: _-'. . � � � F -2- � conferred with you earlier, and discussed the questionable Iia- bility and the advisability of maintaining controll. It was ad- visable to obtain a release if possible for a nomial figure. We were able to obtain such a release for the total of $250.00, in- cluding inconvenience, pain and suffering, and any possible future damage. The release is enclosed, and we recommend payment of the amonnt o 250.00 o Mrs, Angeline A. Binder. VAS�CS Enclosures Very truly yours, SWANSON LAW OFFICE 1 . � -, .. i �' _. � � � ', ; :��,i�/�-lt—L �/ �� ;✓ By: Vernon A, Swanson �_ ; ;- � >. �, �,.o, � WT ' �ATIEMT i I �� m �- e- �r i � n e � ( , � ` � 4 , - � +� t :<h t � �' ;t:"�,�y�•; �'.G�t `?��^�` '�,�'3 �+�r`�*Y--'; r�.=-a c VF:RNON A. Sl4�NSON SWANSON LAW OFFICE ATTORIv'EYS AT LAW 808 OREGOti ST. OSHKOSH, WIS. 54901 August 2, 1977 John Pence City Att�rney 215 Chureh Avenue Oshkosh, Wisconsin 54901 �,-_ --__-- --________ In Re �Dale Ruedinge � Claim of 5/15/Z7� Dear Mr. Pence : POSTAL BOa 6p2 TELEPIiOt�IF; (-�1-�1235•fiii90 This is an<,ther loss involving the excavati�n to intersection of Libbey and Harrison Street. The concrete was broken up and a 6 to 8 inch hole was covered over with gravel which apparently settled and damaged sev- eral motorcycles which passed over that area. We feel that there was neglzgence �n the City street department in iailing to pr�perly fill, and failing to up any warning signs. Damage in this case, estimated at $343.15, was inspected to the front wheel of a new motor bike and appears to be in order. We recommend payment of this claim. Very` truly yours, SWANSON LAW OFFICE � �,% �.�,�-l>-�..�/ , By: Vernon A. Swansan VAS/cs _ , .. . , . � . t'' �A�z.,�+ t' �, �. � �.e ..�,r, r r � �7 �t N�4.:..Y K^_ . . . . . _ . . ... H « � '�"4",, 7 .,�t_� 'L f ,°i"� .��,,�.'�" �P:, _ , �+,�m Y+{/� . � +; Yr!l: �'f;RNON A. SWANSON SWANSON LAW OFFICE ATTORNEYS AT LAW 808 UREGO\ ST. OSHKOSH, WIS. 54901 July 14 1977,y, IRECEi�V�� J�hn Pence JUL 15 1977 City Att�rney 215 Church Avenue �;�-�`-,T A7"I`pRNE_Y.'S Oshk�sh, Wisconsin 54901 U�FICE '-- ._-��,�. RE:�.arry Clark � '•, Clain �f 5/ 7 Dear r�Ir. Per_ce : PUSTAL BOX 602 TELEPHONE �41�f) 235-G6�0 This is annther claim inv�lving a�otnrcycle nperator stril:ing a hole nn the street at Libbey and Harrison. This taas a neta pave�ent and had been dug up by the City and filled in with gravel. Apparently the gravel settled une�pectedly creating a h�le which was readily observable to the user o= the hzbhway. There were at least two �ther inci�ents at this spot in the same day. There wex� n� warning signs p�sted or lights. We feel that there was negligence on the part of the City crew nnt anticipating that the settlang would occur. Sh�rtly a�ter the incident tize area was black-tnpped and has mw been paved �ver. Claimant is Larry Clarlc, 132� �disconsin Street of Oshkosh, who presented a claim �n May 19 for $42.83. C�ntact with him, hoiaever, indicates that this was for a tire wnich was actually n�t daraaged in the incident. He also presents a bill frnrn national Cycle & Repair Co. in the am�unt of �103.32. This is #'or replacement of the aluminura t�*heel or tire rim and i� is ielt that this replace�ent is ��arranted. We rec�mmend that the Counsel anprove pa��ent of this claim in the anount nf $103.32. Very trul�� yours, St7�S.t�SO ' L�W OFFICE � J � ,� �j `� By: Vernen A. Swans�n VAS/js E nclosure N c--I � :�'� tyml ... �� _.� ' .c'� � � Q1 � i�r ^C�_ FY W1� ✓ Or- ^M W/''� i�i � � -1-� � • O tf� v-I � .�-� •ri � cti r-I r--I O U � N 4-r (� O �^ W � � di O E-i � O � 1-� O � .-� � `I �^` W � � �^, W 4'{ �f � cd U m � ti � 1"� Y \ � T^"'1 W �^, W � � N C/2 �\1 �� r� H � � � v-I U �