Water Damage Claims Often Denied By City

Has your home suffered water damage from a busted water main or fire hydrant flushing? Are potholes wreaking havoc on your car's front end or tires?

If so, don't necessarily look for the city to ante up to help you with your repair bills. Middletown, like most cities, has sovereign immunity against property damage claims by residents.

The issue of the city's immunity has been front and center in recent months as motorists have inundated City Hall with car damage claims resulting from the poor street conditions around town.

Sue Brashear of Trenton filed a claim with the city after a pothole on Lafayette Avenue disabled her car in March. The city's insurance provider rejected her claim.

Brashear said she was luckier than most because she had a 30-day warranty on new tires and a front end alignment that she'd purchased for $600 a few weeks earlier that covered the repair costs.

Many residents who've suffered property damage haven't been so fortunate. An analysis of records from Middletown's finance department shows a total of 370 claims were filed between Jan. 1, 2005, through March 2008 against the city. Of those claims, which ranged from pothole damage to false arrest, 112 were denied. The remainder of the claims were paid, which totaled $161,901, records showed.

City Law Director Les Landen said the concept of sovereign immunity goes back to old English law in which a person could not file a claim or suit against the king.

That concept was drafted into common law in America to protect local, state and federal governments because of the perception that they are easy targets for lawsuits, he said.

Landen said about 20 years ago, the Ohio Supreme Court abolished the common law doctrine and the state legislature decided municipalities should have some protection in performing governmental duties.

In addition, Ohio law requires a claimant to exhaust all of their personal insurance coverage or other means before they can file a claim against a city.

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