Item Coversheet

City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
March 21, 2017
DATE:March 21, 2017
CONTACT PERSON:Nick JeffersonDOCUMENT #:
SECOND PARTY/SUBJECT:Jennifer DitchPROJECT #:
CATEGORY/SUBCATEGORY 011 Lawsuits / 001 State Court
CIP PROJECT:No
ACTION OF COUNCIL:JOURNAL #:
PAGE #:

DOCUMENT DESCRIPTION:

 

DENIAL of a Tort Claim Appeal submitted by Jennifer Ditch in the amount of $1,000 for alleged damages to her vehicle from a pothole.

POLICY ISSUE:

City had no prior notice of the pothole and reasonable opportunity to fix the pothole.

STAFF RECOMMENDATION:

Staff recommends the Governing Body move to deny the tort claim appeal.

BACKGROUND:

The claimant states that on September 9, 2016 at approximately 8:20 a.m. she hit at least two large potholes near the intersection of 33rd and Adams Streets. Ms. Ditch claims she suffered damages in the amount of $1,000 to apparently replace all four rims and tires on her vehicle. A review of City records revealed that the City did not receive any report of any potholes at that location prior to the incident.  City crews were in the area at that time sealing cracks on Adams.  The manager responsible for the work reported that the driving lanes in that area were all clear and free of any hazards.

BUDGETARY IMPACT:
The claimant is seeking $1,000.00
SOURCE OF FUNDING:
Special Liability Fund