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Committee recommends denial of $42,332 sewer‑backup claim from property owners represented by Diamond Public Adjusters
Summary
Property owners Gary Baker and Joyous Spears sought $42,332 after a December 31 sewer backup at a four‑unit building; city sewer staff said the main was clogged with grease and tissue and the city disputed liability, prompting the committee to recommend denial and refer the matter to circuit court procedures.
The Judiciary and Legislation Committee recommended denying a $42,332.17 claim filed by property owners Gary Baker and Joyous Spears, submitted by Diamond Public Adjusters, following a December 31 sewer backup that flooded the building’s basement.
Baker and his public adjuster, David Day of Diamond Public Adjusters, described extensive damage, including replacement of furnaces and water heaters and other cleanup costs, and presented photographs showing city crews working at the scene. The property is a four‑unit building at 8350 West Gurney Place; the claimants said the fire department and city crews responded to several calls that morning and that crews worked to relieve sewage from the basement.
Sewer Services Manager Jason Sanders told the committee crews responded to backwater calls and found an eight‑inch sanitary main clogged with “grease and tissue.” Sanders said the clogged main served multiple nearby addresses and that crews used a jet‑vac to relieve pressure; subsequent CCTV checks on January 6 showed the sewer was functioning properly after the response. Sanders also noted the main had been cleaned in October 2023 on its three‑year cleaning schedule.
City counsel and committee members said the committee typically denies claims where liability is in dispute and referred the matter to litigation as appropriate. Alderman Mark Chambers moved to deny the claim; the committee recorded the recommendation of denial and will forward the record to the full Common Council on June 3, 2025. If the council adopts the denial, claimants will receive formal notice enabling them to meet prerequisites to file suit in circuit court.
Committee members asked whether the claimants had pursued insurance coverage; claimants said the policy did not cover sewer backup and they were pursuing the municipal claim as the remaining remedy. The committee’s action reflects the city’s position that the backup was caused by grease and tissue accumulation in the main and that the department responded to relieve the obstruction.
