#7 Authorize to accept liability claim brought on behalf of Colin CabelkaADMINISTRATIVE SERVICES MEMORANDUM
December 8, 2011
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Accept a Liability Claim
brought on behalf of Colin T. Cabelka in the amount of $25,000.
On May 4, 2010, an accident occurred between a bicycle ridden by Colin T.
Cabelka and a City of Janesville garbage truck resulting in personal injuries to
Mr. Cabelka.
On October 25, 2011, a demand was received from Habush Habush & Rottier
S.C. for the personal injuries received by Colin T. Cabelka in the amount of
$53,000.00, which was denied at the November 14, 2011 Council meeting. I
have since negotiated settlement of this claim contingent on Common Council
approval in the amount of $25,000.00.
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 accept 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 accept the claim received on behalf of Colin T. Cabelka in the
amount of $25,000.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager