Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Claims And Liability Public Works topic
No spam. Unsubscribe anytime.
Chickasha council denies tort claim over pothole damage; ownership of County Road 1330 debated
Summary
The council voted to deny a tort claim filed by resident Sarah Toontay for vehicle damage allegedly caused by a pothole on County Road 1330. City staff and the city's insurer recommended denial; questions about the jurisdictional maintenance boundary between the city and county were raised.
The Chickasha City Council voted to deny a tort claim filed by Sarah Toontay for vehicle damage allegedly caused by a pothole on County Road 1330.
A motion to deny the claim was made by a council member and carried after roll call. City staff said the claim was forwarded to the city’s insurance representative, which investigated and recommended denial. Staff described the city’s historical practice of not paying claims for vehicle damage caused by potholes and said the insurance group’s determination identified the county as the owner of County Road 1330 in the area in question.
During discussion, council members noted uncertainty about maintenance responsibility near the claimant’s driveway. One council member said the roadway is not 100% owned by the county and observed that parts of the route are maintained by the city; staff responded that a sign stating “county maintenance begins” marks the jurisdictional change near the industrial park. Council members reiterated that, historically, the city has not paid pothole damage claims unless a pattern of reported negligence exists.
The motion to deny the claim cited the insurance investigator’s recommendation. The council recorded the roll call denial; no payment to the claimant was approved.
