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Council committee approves moral claim payment after resident describes sewage flooding
Summary
The finance committee voted to advance a moral claim from resident Jessica Stewart for damage after a Sept. 24 water main break; committee authorized payment of $13,422.84, subject to legal releases, and scheduled full council consideration next week.
The Elyria finance committee voted on Nov. 24 to advance a moral claim filed by Jessica Stewart of 514 Stafford Drive for structural damage after a Sept. 24 water main break that flooded her finished basement with sewage‑tainted water.
Stewart told the committee she and her husband awoke to water entering their basement and saw more than a foot of brown, unsanitary water. She said she and neighbors called before 6 a.m. and that city crews did not fully shut off the source until about 8 a.m. "I feel that due to almost a 2 hour delay in shutting off the water, [that] was a direct result that caused the damage to my home," Stewart said.
Law Director Deery told the committee city policy and Ohio law require claimants to submit a claim to their insurance company before the city pays beyond the deductible. Deery referenced the Ohio Revised Code on claims by political subdivisions and said the city is ordinarily limited to reimbursing the deductible when insurance coverage exists. Stewart, who said she is a licensed insurance agent, told the committee she chose not to file an insurance claim because a claim would remain on her record for five years and could raise premiums or jeopardize coverage.
Council members expressed sympathy and debated procedure. Some members urged sending the matter back to team members for further technical review of call records and response handling; Mayor Brubaker and several councilors argued the committee has authority to approve a moral claim now so Stewart would not wait through the holidays.
After debate the committee approved a motion to pay the moral claim with appropriate legal signoffs and a release. The committee report records payment to be $13,422.84; the law director’s office will prepare a release to be signed by the property owners prior to disbursement. The matter will be voted on by full council at its next meeting.
Next step: Law director will prepare settlement paperwork and the claim will be presented to full council for final approval.
