#6 Liability claim from Donyil Anderson, Jr. and Skylar Hosey
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 brought
on behalf of Donyil Anderson, Jr. and Skylar Hosey in the amount of
$2,000,000 ($1,000,000 each).
It is alleged that on August 9, 2008 Stacey Hosey died as a result of actions taken by
Donyil Anderson. That evening he was arrested, processed, and released by
Janesville police in a separate unrelated incident.
On November 30, 2009, a claim was received from Attorney Jack Hoag representing
the maternal grandparents of Donyil Anderson, Jr. and Skylar Hosey (Stacey
Hosey’s children) alleging negligence by the City of Janesville. The claim alleges
that the children have been deprived of her companionship and her economic
contributions to their futures and demand satisfaction in the amount of $2,000,000
($1,000,000 each).
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 on behalf of Donyil Anderson, Jr. and Skylar Hosey in the
amount of $2,000,000 ($1,000,000 each).
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\Donyil Anderson, Jr. -- Skylar Hosey.doc