HomeMy WebLinkAbout04. B) Claim- MoxonStatewide Services, Inc,
Claim Division
July 25, 2017
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
215 CHURCH AVENUE
OSHKOSH, WI 54903
RE: Our Claim #: WM000702660872
Date of Loss: 04/23/2017
Claimant: Renee Moxon, 351 W. 6' Avenue, Oshkosh, WI 54902
Attorney: Miller & Ogorchock SC, Attn: Patrick Miller
740 North Plankinton Ave Suite 310, Milwaukee WI 53203
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" documentation submitted by Renee Moxon through her
Attorneys Miller & Ogorchock, SC in which she is asserting a claim for injuries and damages as a result
of a fall near the end of the river walk which allegedly caused the gate to fall on top of her.
Based on our investigation, we find no liability or negligence on behalf of the City of Oshkosh. First,
based on the information known to us, it doesn't make sense "how" this accident happened. Second, City
officials deny having any prior knowledge of the gate being unsecured until they received notice of this
incident. Finally, recreational immunity would apply to this claim as the claimant was engaged in an
outdoor activity undertaken for the purpose of exercise, relaxation or pleasure. Therefore, based on the
above, and in the absence of liability on behalf of the City of Oshkosh, we recommend that the City of
Oshkosh disallow this claim pursuant to the. Wisconsin Statute for disallowance of claim 893.80(l g). 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, and her attorney, at the above
listed addresses. These 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 my file.
Thank you.
Sincerely,
Ginger Kimpton, AIC
Senior Casualty Claims Adjuster
855-828-5515 / 866-828-6613 fax
gkiMpton@statewidesvcs.com
CC: Phil Burkart, Agent
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I JUL 2 5 2011
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