NUMB:
991680
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution authorizing cancellation of a portion of the City of Milwaukee's subrogation claim against Judith Davis, for payments made pursuant to the City's Basic Health Plan.
ANLS:
________________________________________________
-Analysis-
This resolution authorizes cancellation of a portion of the City of Milwaukee's subrogation claim against Judith Davis, for payments made pursuant to the City's Basic Health Plan. ________________________________________________
BODY:
Whereas, Judith Davis commenced a personal injury action against Raymond Mahnke, American Family Mutual Insurance Company, Heritage Mutual Insurance Company and Allstate Insurance Company, seeking recovery for injuries sustained in an motorcycle collision occurring on October 12, 1996; and
Whereas, As a result of the injuries allegedly sustained as a result of that accident, the City of Milwaukee has made payments on behalf of Judith Davis for medical care and treatment pursuant to its Basic Health Plan in the amount of $14,734.82; and
Whereas, The City has a subrogation claim against Judith Davis as a result of such payments; and
Whereas, Judith Davis has offered to settle this subrogation claim for $4,000.00, and the difference between the original claim and the settlement is $10,734.82;
Whereas, this settlement reflects the legal liability of the parties and is a fair and equitable resolution of the City of Milwaukee's subrogation claim; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the subrogation claim of the City of Milwaukee against Judith Davis arising out of medical treatment for injuries allegedly sustained as a result of the October 12, 1996 motorcycle collision is hereby cancelled in the amount of $10,734.82, and the City Attorney is authorized and directed to enter into a release and settlement of said claim.
DFTR:
City Atty.
EHT
2/14/00
28291