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Keith County board denies $140,101 tire-damage claim from motorists who drove through work zone
Summary
The board voted to deny a claim for tire damage after staff described a driver choosing to drive around traffic control in a minimum-maintenance work area; county attorney staff advised the claimant should submit a formal claim but the board found the damage was due to personal choice.
The Keith County Board of Commissioners denied a reimbursement claim for extensive tire damage after hearing staff and sheriff’s-office reporting on the incident.
Roads staff described a maintenance operation on a minimum-maintenance stretch of road where traffic control instructed motorists to wait or turn around while crews finished repairs. According to the staff account, the driver elected to take the ditch and in doing so ran over the top of a tire, causing the claimed damage. County staff said there were signs and a flagger in place. "This individual drove down the road that was being repaired and he chose to take a ditch versus turning around and take the ditch," a roads representative said during the meeting.
County attorney staff recommended options including referring the claim to NERMA (the county risk pool), declining it, or paying it. Commissioners concluded the incident was a personal-choice matter and denied reimbursement (motion by Irvin, second by Anderson). The clerk will send the claimant notice that the county denied the request; the claimant retains the option to pursue any further legal remedies available outside this administrative action.
The board’s roll-call vote to deny was unanimous. The board did not authorize payment or refer the claim to the risk pool at the meeting.
