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Reedsburg council approves denial of $4,500 claim from resident who fell at sidewalk work
Summary
The Reedsburg Common Council voted to deny a $4,500 claim from resident Julie Wittenbach, who said she fell while attempting to pass through a barrier at a sidewalk construction site; staff and the city insurer recommended denial.
The Reedsburg Common Council voted to deny a $4,500 claim from resident Julie Wittenbach after city staff and the city’s insurer recommended denial.
Max, a city staff member who reviewed the incident, told the council that Wittenbach reported she was walking from a parking area behind a building toward South Webb while sidewalk construction was under way. “She fell and broke her hand,” Max said, and he said the contractor for the work had denied her claim. Max said the barrier at the work site was present and that the contractor’s work had left broken concrete in the barrier area.
The council’s discussion focused on whether the claimant had attempted to walk through a construction barrier. Max said the insurer (referred to in the meeting as Sidmick) recommended denying the claim and that his recommendation matched the insurer’s. A motion to deny the claim was made by Common Council member Becker and seconded by Common Council member Moon; council members voted in favor and the motion carried. The council directed staff to send a denial letter to Wittenbach.
The claim arose from sidewalk work near South Webb; the claimant said she had been walking through an alley behind a building to reach a business called May Vision when she attempted to go through the barrier. City staff described the barrier as substantial and intended to block pedestrian access to the work zone. The council record did not include an itemized roll-call vote for the motion.
No ordinance, statute, or additional legal authority was cited during the open discussion. The insurer’s recommendation and staff’s account formed the basis for the council’s approval to deny the claim.
The council did not take additional action on sidewalk safety at that meeting beyond approving the denial; any further policy or construction changes would require a separate agenda item.
