HomeMy WebLinkAbout24. 16-296JUNE 14, 2016 16-296 RESOLUTION
(CARRIED 6-0 LOST________LAID OVER________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY JOSEPH GIBSON
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:
Joseph Gibson DATE OF LOSS: 5/10/2016
(for alleged damages to his tire from hitting at pothole)
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.
Statewide Services, Inc.
Claim Division
June 3, 2016
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660831
Date of Loss: 05/10/2016
Claimant: Joseph Gibson, 542 Grove Street
Oshkosh, WI 54901
Dear Ms. Ubrig:
JUN 0 3 X016
Via E -mail
1241 John Q. Hammons Dr.
P.O. Box 5555
Madison, WI 53705 -0555
877 - 204 -9712
We are in receipt of Mr. Gibson's claim documentation in which he is asserting damage to his tire when
he allegedly hit a pothole in a construction zone on Bowen Street on May 10, 2016.
Please be advised that we recommend that the City of Oshkosh deny this claim pursuant to the Wisconsin
Statute for Disallowance of Claim 893.80(lg). The disallowance of this claim will shorten the statute of
limitations period to six months. The basis of this denial is that we have determined there is no negligence
or liability on behalf of the City as the main contractor for the construction project is De Noble
Construction. The City of Oshkosh Street Department was not involved in this construction project.
Additionally, the City did not have prior notice or knowledge 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.
Please send your disallowance, on your letterhead, directly to the claimant at the above listed addresses.
This should be sent certified or registered 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 my file. Thank you.
Sincerely,
Ginger Kimpton, AIC
Senior Casualty Claims Adjuster
PO Box 5555
Madison, WI 53705
855- 828 -5515 / 866 - 828 -6613 fax
gkimpton@statewidesvcs.com
CC: David Krueger, Agent