HomeMy WebLinkAbout20. 17-482 SEPTEMBER 26, 2017 17-482 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY ATTORNEY MICHAEL LIM ON
BEHALF OF PARENTS OF LOGAN LEFEBER
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:
Attorney Michael Lim on behalf of Parents of Logan Lefeber DATE OF LOSS: 06/19/2017
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.
Claim Division
September 12, 2017
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
215 CHURCH AVENUE
OSHKOSH, WI 54901
RE: Our Claim #: WM000702660895
Date of Loss: 06/19/2017
Claimant: Parents of Logan Lefeber, 233 Oak Manor Drive, Oshkosh, WI 54904
Attorney: Attorney Michael Lim @ Reff, Baivier, Bermingham & Lim, SC
217 Ceape Avenue, PO Box 1190, Oshkosh WI 54903-1190
Dear Ms. Ubrig:
1241 )ohn Q. Hammons Dr.
P.O. Box 5555
Madison, W1 53705-0555
877-204-9712
Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance,
which provides the insurance coverage for the City of Oshkosh. We are in receipt of the Notice of Claim and
Claim For Damages documentation submitted by Attorney Michael Lim on behalf of his clients, Joseph and
Tammy Lefeber and their minor child, Logan Lefeber in which they are asserting a claim for at least $70,000 as a
result of an injury that Logan sustained at Jefferson Elementary School when he "fell violently to the ground from
an improperly located and equipped stepping stool'.
Our investigation has revealed that the City of Oshkosh was not negligent or liable for this incident as this did not
occur on City property. This incident occurred on the private property of the Oshkosh School District. The
respondeat superior theory would not be relevant because the employees of the school/district are not employees
of the City of Oshkosh. Therefore, in the absence of negligence on the part of the City, we recommend that the
City of Oshkosh disallow this claim pursuant to the Wisconsin Statute for disallowance of claim 893.80(lg). 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 his attorney at the above listed
addresses. This should be sent certified or registered (restricted) mail and must be received by the claimant within
120 days after you received the Notice of 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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CITY CLERK'S OFFICE