#5 Liability claim from Brian Wolnick
CITY ATTORNEY’S OFFICE MEMORANDUM
February 16, 2010
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Brian Wolnick in the Amount of $30,000.
On July 29, 2009, Brian Wolnick was involved in a slip and fall accident at
Rockport Pool in Janesville, Wisconsin. He alleges that the City failed to
maintain the Pool, particularly the diving board, causing personal injuries to him.
On November 20, 2009, a claim was received from Attorney Steven T. Caya on
behalf of Brian Wolnick for medical expenses, pain and suffering, and loss of
society and companionship in the amount of $30,000.
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 Brian Wolnick in the amount of
$30,000.
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\Brian Wolnick.doc