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Council denies sewer-backup tort claim after insurer recommendation
Summary
The McAlester City Council voted to deny tort claim number 216946-1-DD relating to an April sewer backup after OMAG recommended denial; councilors were briefed on the Government Tort Claims Act process and noted the claimant may sue in district court if they choose.
The McAlester City Council voted to deny a tort claim filed over a reported April sewer backup.
City staff said OMAG, the city's insurer, completed its investigation and "recommended that this claim be denied because OMAG finds no liability on the city's property," a staff member told the council. Under the Government Tort Claims Act, city staff and the insurer investigate and then recommend whether to pay; a denial allows the claimant to file suit in district court.
During discussion councilors asked for clarification and noted the city had only received the claim notice the previous day. The claimant—s reported address was discussed as being on Polk Street ("669" was referenced). The council moved to deny the claim; roll call returned unanimous "Yes" votes and the motion carried.
Council members emphasized that a denial is part of the statutory process and does not foreclose the claimant's right to pursue litigation. No payment was authorized and no settlement terms were discussed publicly at the meeting.
