Committee settles several small claims and denies others; $7,500 roof payment and other outcomes approved

The Milwaukee Judiciary & Legislation Committee considered multiple liability and damage claims on Oct. 27 and approved several settlements while recommending denial of others. Committee actions will be transmitted to the full Common Council for final action on Nov. 4, 2025.

Key outcomes

- Garbage cart/dowspout claim (1550 E. Irving Place): The committee offered a compromise payment of $50 for a claim that a sanitation crew’s carts repeatedly damaged brickwork and a downspout. The claimant accepted and the committee moved to settle for $50. The chair said the city attorney’s office found no conclusive evidence of city negligence.

- Tree and fence claim (4368 N. 40th Place, Wright): The committee voted to recommend denial of a claim that a city tree branch repeatedly damaged a fence. Forestry staff said inspections in prior years found the tree healthy and identified previous service responses; the committee’s recommendation is denial and the claimant was advised she may pursue circuit court remedies after formal denial.

- Roof damage claim from city tree (911 N. 30th St., Jenkins): The committee approved a settlement of $7,500 to resolve a claim that a city tree in contact with a roof required removal and later revealed roof damage. Forestry staff said they inspected the tree, prioritized pruning and ultimately removed the tree because of proximity to power lines; the committee moved to settle for $7,500.

- Vehicle damaged by fallen branch (3535 N. 2nd St., Lyle): The committee recommended denial of a claim after forestry said the failed branch showed no evidence of decay and failed in a high-wind event; the committee found no negligence by the city and moved denial.

- Sewer backup claim (422 W. National Ave., Bamberger/Fitterbarger): The committee approved a $1,500 settlement for a January 3, 2024 sewer backup after DPW and Water Works testimony described a break in a three-inch branch lateral that allowed gravel and ground material to enter the sewer and cause backups. DPW staff said crews shut the water and triaged the break within about 30–40 minutes of arrival; the claimant described significant basement damage. The committee approved the $1,500 offer.

Process notes and next steps

For claims recommended for denial, the committee advised claimants that a formal denial from the city clerk will satisfy prerequisites to file suit in circuit court. For approved settlements the city attorney’s office will contact claimants to arrange payment.

What committee members emphasized

Committee members and staff repeatedly cautioned that their decisions were based on the available file evidence. In several cases staff testified that photographs, inspection notes or lack of eyewitness evidence limited the city’s ability to establish negligence. The committee’s actions will be forwarded to the full Common Council on Nov. 4, 2025.