#6 Deny liability claim from John J BarryCITY ATTORNEY’S OFFICE MEMORANDUM
January 7, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
John J. Barry in the Amount of $50,000.
On July 18, 2010, John J. Barry was injured as a result of an accident that
occurred on West Court Street near the intersection of South Locust Street in the
City of Janesville, Wisconsin. While driving his moped, John J. Barry alleges that
he struck a pothole which caused him to lose control of his moped resulting in
injury. He alleges that the City failed to properly construct, repair and/or maintain
the city street at that location causing him subsequent injuries.
On November 16, 2010, a claim was received from Attorney Steven T. Caya on
behalf of John J. Barry 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 John J. Barry in the amount of
$50,000.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager