#7 Liability claim from Kevin Oleston
CITY ATTORNEY’S OFFICE MEMORANDUM
January 29, 2010
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Kevin Oleston in the Amount of $50,000.
On December 5, 2008, Kevin Oleston was involved in a motor vehicle accident at
the intersection of Lodge Drive and Milton Avenue in Janesville, Wisconsin. He
alleges that the City failed to maintain a traffic signal causing an accident and
personal injuries to him.
On April 3, 2009, a claim was received from Attorney Steven T. Caya on behalf
of Kevin Oleston for medical expenses, wage loss, and pain and suffering in the
amount of $50,000.
After investigating this incident, and with the concurrence of the City’s Insurance
Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC),
it has been determined that the City should deny this claim.
Resolution 89-1175, establishing our claims administration procedure, states in
section 4.3a:
The City Claims Administrator shall review, investigate, verify and
within ninety (90) days of receiving such claim, prepare and forward
a written recommendation to the Common Council for its review,
consideration, and action each and every claim in face amount
greater than Five Thousand Dollars ($5,000).
I recommend that the City Council deny by consent and authorize the
Administration to deny the claim received from Kevin Oleston in the amount of
$50,000.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
J:\Finance & Administration\Finance Administration\Risk\Claims-Word\City Council Memos\Kevin Oleston.doc