HomeMy WebLinkAbout06. A) Claim- Peggy O'Brien11 1!
M . r!.
Claim Division
May 1, 2017
CITY OF OSHKOSH Via E-mail
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903-1130
RE: Our Claim #: WM000702660767
Date of Loss: 11/25/2014
Claimant: Peggy O'Brien and John O'Brien
46 Eveline Street, Oshkosh WI 54901
Attorney: John D. Claypool
800 North Lynndale Drive, Appleton, WI 54914
Dear Ms. Ubrig:
1241 John Q. Hammon C
P.O. Box 5555
Madison, W1 53705-0555
877-204-9712
We are in receipt of the Notice of Claim dated April 28, 2017, through which Mrs. O'Brien asserts she
sustained bodily injury as a result of an alleged slip and fall on ice at the Oshkosh Celebration of Lights at
Menominee Park on November 25, 2014.
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 the City of Oshkosh is not legally liable
for the claimant's injuries/damages. Our investigation has revealed that there is no negligence on behalf
of the City as the City would be entitled to governmental immunity for the natural accumulation of ice
and snow that exists up to three weeks. This was winter in Wisconsin. Additionally, there is a Special
Events Indemnification and Hold Harmless Agreement between the City of Oshkosh and the Oshkosh
Celebration of Lights which was signed on August 14, 2014, which states that the Celebration of Lights
agrees to indemnify and hold harmless the City of Oshkosh.
Please send your disallowance, on your letterhead, directly to the claimant and her Attorney at the above
listed addresses. These should be sent certified or registered mail and must be received by the claimant
and her Attorney within 120 days after you received the Notice of Claim. Please send me a copy of the
Notice of Disallowance for my file.
Sincerely,
Ginger Kimpton, AIC
Senior Casualty Claims Adjuster
855-828-5515 / 866-828-6613 fax
gkimpton@statewidesvcs.com
CC: Phil Burkart, Agent