HomeMy WebLinkAbout16. 17-236 MAY 9, 2017 17-236 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY PEGGY O'BRIEN
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:
Peggy O'Brien DATE OF LOSS: 11/25/2014
Attorney John D. Claypool
(for alleged injuries from fall on ice at the Oshkosh Celebration
of Lights at Menominee Park)
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.
Clai-ti D • i
May 1, 2017
CITY OF OSHKOSH
ATTN: PAM UBRIG
PO BOX 1130
OSHKOSH, WI 54903-1130
Via E-mail
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. Hammons Dr.
P.O. Box 5555
Madison, WI 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
gkiml)ton@statewidesvcs.com
CC: Phil Burkart, Agent
RECEIVED
MAY 01 2017 J
CITY CLERIC'S OFFICE