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Council denies two citizen tort claims after hearings on water and sewer damage
Summary
The City Council voted after hearings to deny two tort claims: a $92,000 water-damage claim by Keith Roberts and a $9,500 sewer/foundation claim by Leonel (Pewewardy). Council relied on staff findings, the city's code and state tort law.
The Lawton City Council voted to deny two tort claims after public hearings and staff presentations.
Staff presented the Roberts claim first. City records show a water shut-off request on Feb. 11, 2025, and a field-services worker recorded a final reading and reported the water was turned off on Feb. 12. The claimant, Staff Sgt. Keith Roberts, said he relied on the city's shutoff after he purchased the house and that flooding on Feb. 20 damaged the residence at 7606 Southwest Cherokee Avenue. The city's memo said the claimant's homeowner insurer had denied the claim on the basis that the house was not winterized and noted the Oklahoma Governmental Tort Claims Act presumes no negligence by the city. City code (cited by staff as City of Lawton code 22,221,206) requires service pipes and fixtures be kept in repair and protected against freezing.
Roberts told council he was not yet in town to reestablish heat or gas and that he believed the city's shutoff either failed or was turned back on. Council members questioned whether standing water and traps could freeze regardless of meter status; staff said winterization responsibility rested with the property owner or management.
After discussion, councilmember motioned to deny the claim on the grounds of failure to winterize; the motion carried.
The council then considered a second claim from Leonel (Pewewardy) regarding recurring sewer backups affecting a small outbuilding on his property at 1719 NW Canyon Avenue. Wastewater-collections crews responded to multiple calls, cleared root obstructions and documented the line work. Staff said photographs taken on site did not show clear evidence of sewage backup inside the small structure and recommended denial. Pewewardy told council the outbuilding sits at a lower grade, reported persistent seepage and said crews had been out multiple times since August. After council discussion a motion to deny the claim carried.
Both denials were supported by staff findings: that operational records showed crews responded and that the city was not shown to be the proximate cause under the cited tort-law standards. Council did not order further remediation or payment on either claim.
