HomeMy WebLinkAbout20. 19-284 MAY 14, 2019 19-284 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY ATTORNEY DAVID SPARK ON
BEHALF OF ALI ALTAWEEL & HANAN HASAN
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 David Sparr on behalf of Ali Altaweel & Hanan Hasan
DATE OF LOSS:4/20/2018
(for alleged accident with a city tractor)
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, Inc.
Claim Division
April 17, 2019
CITY OF OSHKOSH via email
ATTN: PAM UBRIG
RE: Our Claim #: WM000702660921
Date of Loss: 04/20/2018
ClaimantS: Ali Altaweel 1847 N. Main St. Apt B, Oshkosh WI 54901
Hanan Hasan 1847 N. Main St. Apt B, Oshkosh WI 54901
Attorney: David Sparr, 103 High Ave, Oshkosh WI 54901
Dear Ms. Ubrig:
1241 John Q. Hammons or.
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
Claims submitted by Hanan Hasan (driver) and Ali Altaweel (passenger) regarding the accident they were
involved in with a snowplow when it backed into them at an intersection.
Based on our investigation, we have determined that Hanan Hasan would be the majority at -fault for this
accident. Our driver was actively performing snowplowing operations for the City of Oshkosh, and had
all emergency lights and caution beacons activated. According to our driver, he checked his mirrors and
was not able to see the claimant vehicle stopped closely behind him, so he proceeded to slowly back up
approximately four feet when the back of the insured vehicle struck the front end of the claimant's
vehicle. Wisconsin Statute 346.915(30 states:
"The operator of any vehicle that is not a snowplow land/ that approaches from the rear o['any snowplow
that is engaged in highway winter maintenance snow and ice removal, as described in sub.(1), and is
using latnps described in s. 347.26(7) [and) that is stopped at an intersection shall stop not less than 20
feet from the snowplow azul remain stopped until the snowplow resumes motion. "
According to this statute, the claimant should have kept a distance of at least 20 feet behind our snow
plow. Therefore, based on the claimant's failure to do so, we find the claimant's driver to be the majority
at fault and are we recommending that the City of Oshkosh disallow both the driver's claim (Hasan
Hanan) and the passenger's claim (Ali Altaweel) pursuant to the Wisconsin Statute for disallowance of
claim 893.80(l g). The disallowance of these claims in this manner will allow us to shorten the statute of
limitations period to six months.
Please send both disallowances separately, on your letterhead, directly to the claimants at the above listed
address. These should be sent certified or registered (restricted) mail and must be received by the
claimants within 120 days after you received the claims. You should also send a copy to their attorney,
David Sparr. Please send me a copy of the Notice of Disallowances for my file.