#5 Liability claim from Kathryn and Michael Davis
CITY ATTORNEY’S OFFICE MEMORANDUM
March 8, 2010
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Approve a Liability Claim
from Kathryn and Michael Davis in the Amount of $9,759.77
On January 11, 2008, Kathryn and Michael Davis were involved in a motor
vehicle accident with a City of Janesville Police Department squad car causing
personal injuries to both of them.
On November 17, 2009, a claim was received from Pitman, Kyle & Sicula, S.C.
for the personal injuries received by Kathryn and Michael Davis. I have
negotiated settlement of this claim contingent on Common Council approval in
the amount of $9,759.77 ($6,044.31 for Kathryn Davis and $3,715.46 for Michael
Davis).
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 approve 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 approve by consent and authorize the
Administration to approve the claim received from Kathryn and Michael Davis in
the amount of $9,759.77.
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\Davis, Kathryn & Michael - Revised
Offer for Council Approval.doc