HomeMy WebLinkAbout29. 17-433 AUGUST 8, 2017 17-433 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY MARK BRADISH
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:
Mark Bradish DATE OF LOSS: 6/19/2017
(for alleged damages due to water shut off during construction)
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
Claim Division
VIA E-MAIL ONLY
August 11, 2017
City of Oshkosh
Attn: Ms. Pamela Ubrig, Clerk
P.O. Box 1130
Oshkosh, WI 54903
RE: Our Claim #: WM000702660880
Date of Loss: 05/01/2017
Claimant: Mark Bradish
1219 Bay Shore Dr.
Oshkosh, WI 54901
Loss location: 1219 Bay Shore Dr.
Oshkosh, WI 54901
Dear Ms. Ubrig:
1241 John Q Hammons Dr.
P.O. Box 5555
Madison, WI 53705-0555
RECEIVED
AUG 14 2017
CITY CLERK'S OFFICE
As you know, Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance,
which provides the insurance coverage for City of Oshkosh. We are in receipt of the above -captioned claim involving costs
Mr. Bradish incurred for the repair or replacement of plumbing fixtures.
We have completed our investigation, and we recommend that the City disallow this claim pursuant to the Wisconsin Statute
for disallowance of claim 893.80(1 g). The disallowance of the claim in this manner will shorten the statute of limitations
period to six months.
Our investigation determined that the damage to Mr. Bradish's plumbing fixtures may have occurred on account of a build-
up of pressure in his water line—often called a "water hammer"—which resulted when City staff was required to shut down
and then turn on the water main servicing his home multiple times as the City worked to replace the water main. After
speaking with the City Water Distribution Manager, Mr. Bob Johnson, there is no evidence that City staff failed to perform
any required ministerial duties—or mandates -in the process of turning the water main off and then back on; and absent any
ministerial duties that must be followed, WI statute 893.80 affords the City discretionary immunity for their "governmental"
action in replacing the water main for the public welfare. Therefore, we recommend that claim be disallowed.
I have enclosed a sample Notice of Disallowance for your use, should you choose to use it, or you may use your own. Please
send your disallowance, on your letterhead, directly to the claimant at the above listed address. This 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 copies of the letters for our file.
Thank you for your attention to the above, Pamela, and please do not hesitate to contact me with any questions.
Best regards,
Douglass A. Dethe
Casualty Claims Specialist
Office: 608-828-5503
Fax: 800-720-3512
E-mail: ddetliegstatewidesvcs.com
Cc: Phil Burkart, Agent