#6 Approve liability claim from Randy DeGarmo
CITY ATTORNEY’S OFFICE MEMORANDUM
January 16, 2012
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Approve a Liability Claim
from Randy DeGarmo in the Amount of $12,000.00.
On December 13, 2009, Randy DeGarmo was a passenger in a vehicle that was
involved in a motor vehicle accident with a City of Janesville snow plow causing
personal injuries to Mr. DeGarmo.
On January 13, 2012, a claim was received from Nowlan & Mouat, LLP for the
personal injuries received by Randy DeGarmo. I have negotiated settlement of
this claim contingent on Common Council approval in the amount of $12,000.00.
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 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 Randy DeGarmo in the
amount of $12,000.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager