Number
030760
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing settlement and cancellation of the City of Milwaukee's subrogation claim against Debra Bett for payments made pursuant to the City's Basic Health Plan.
Analysis
This resolution authorizes the settlement of a subrogation lien arising under the City's Basic Health Plan in the lawsuit entitled Debra Bett v. Judith A. Sdoukos, et al., Dane County Case No. 02-CV-1938.
Body
Whereas, The above-captioned case concerns a personal injury action, Dane County Case No. 02-CV-1938, seeking compensation for injuries sustained by plaintiff Debra Bett in an automobile collision occurring on May 7, 2000; and
Whereas, As a result of injuries sustained as a result of that accident, the City of Milwaukee has made payments on behalf of Debra Bett for treatment of such injuries pursuant to its Basic Health Plan in the amount of $4,839.82; and
Whereas, The City of Milwaukee has a subrogation claim against Debra Bett as a result of such payments; and
Whereas, Allstate has tendered its policy limit of $25,000 to Debra Bett in settlement of her claim against Judith A. Sdoukos; and
Whereas, Ms. Bett's special damages total $16,001.11 and her past and future pain, suffering and disability, when combined with the past special damages, clearly makes the Allstate Policy limits inadequate to fully compensate Ms. Bett, and it is unlikely that a court would find that Ms. Bett was made whole by this settlement; and
Whereas, Under these circumstances, the release of the City of Milwaukee's subrogation claim reflects the legal liability of the parties and is a fair and equitable resolution of the City of Milwaukee's subrogation claim;
Whereas, The Common Council wishes to cancel this claim; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that an authorized representative of Wisconsin Physicians Service Insurance Corp...
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