Broken Arrow Municipal Authority
Meeting of: 07-05-16
To: Chairman and Authority Members
From: Office of the City Attorney
Title: title
Consideration, discussion, and possible action on pending tort claims filed by Daniel and Kimberly O’Barr, Kim Longacre, Ricky Beach, and State Farm Insurance Company, including potential resolution, potential settlement, acceptance or denial of the claims
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Background:
Three homeowners filed tort claims alleging damages from a February 29, 2016 sewer back up incident near West Louisville Street and West Memphis Street, including Daniel O’Barr, 1245 West Louisville Street; Ricky Beach, 1221 West Louisville Street; and Kim Longacre, 1241 West Louisville Street. Information on the claims are detailed below.
On June 1, 2016, Kim Longacre submitted a tort claim alleging she sustained $100,286.20 from the sewer back up from February 29, 2016. Ms. Longacre alleges she sustained $60,000.00 in personal injury damages, $39,736.25 in property damage and $549.95 for “other” damages that she listed as “plumbing services,” for a total of $100,286.20 in total damages.
On May 13, 2016, State Farm Fire & Casualty submitted a tort claim on behalf of Ricky Beach, seeking subrogation of $6,890.53 for damages to Mr. Beach’s home from the February 29, 2016 sewer back up. In support of this claim, State Farm submitted three photographs of Mr. Beach’s sewage damaged home. In addition, State Farm submitted an estimate of damages for remediation and remodeling of $6,890.53, including a $1,308.00 deductible.
On April 18, 2016, Daniel O’Barr submitted a tort claim alleging that he sustained approximately $45,000.00 in property damage from the February 29, 2016 sewer back up. Mr. O’Barr lives with his wife, Kimberly O’Barr and their two children.
It is the position of Staff that the City did not have adequate notice of a problem with the sanitary sewer line in this area and there is no evidence that the City was negligent in the maintenance or operation of the system. Additionally, none of the three homes had backflow preventers, which would have prevented the flooding of their residences.
The City Council may discuss this matter in Executive Session pursuant to the provisions of 25 O.S. §307(B)(4). At item has been placed on the Agenda for discussion in Executive Session. As such, the Council may table this action item until after the closed portion of the meeting.
Cost: None
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager--Operations
Approved By: Michael L. Spurgeon, City Manager
Attachments: None
Recommendation: As Council directs.