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:Victoria SchultzPROJECT #:
CATEGORY/SUBCATEGORY 011 Lawsuits / 001 State Court
CIP PROJECT:No
ACTION OF COUNCIL:JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:

 

DENIAL of Tort Claim submitted by Victoria Schultz seeking $18,797.17 in civil damages.

POLICY ISSUE:

The recommendation to deny the claim is based upon the conclusion there is no evidence that the City was negligent in the matter due to regular maintenance and inspection of the sewers by the City, and no prior knowledge of any blockage within the line.

STAFF RECOMMENDATION:

Staff recommends the Governing Body deny the claim in full.

BACKGROUND:

The claimant states that on the evening of April 26, 2016, during a severe thunderstorm, raw sewage began to backup into her basement through a drain in the floor.  On April 27, 2016, at approximately 7:40 a.m. the City was advised of a sewer backup at 1809 SW McAlister Avenue.  A crew was dispatched at 8:00 a.m., arrived by 8:30 a.m., and removed a blockage in the line.  Records indicate routine maintenance on the line, and no prior knowledge of a blockage.

BUDGETARY IMPACT:

The claimant is seeking $18,797.17 in damages.

SOURCE OF FUNDING:

Special Liability Fund