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SPECIAL CLAIM NO. SC-1314-1: A CLAIM IN THE AMOUNT OF $1,714.08 SUBMITTED BY SEAN WAUGH FOR DAMAGES TO HIS VEHICLE FROM ROAD MATERIAL DEBRIS FALLING THROUGH A HOLE IN THE BRIDGE DECK OF THE INDIAN HILLS ROAD BRIDGE OVER INTERSTATE 35.
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BACKGROUND: A claim has been filed by Sean Waugh for damages to his vehicle on April 1, 2013 in the amount of $1,714.08. Mr. Waugh alleges that several chunks of concrete fell off of the Indian Hills Road overpass onto his vehicle which caused damage to his windshield, hood, roof and front bumper.
DISCUSSION: This incident was investigated by Greg Hall, Street Superintendent. According to his investigation, Street Division crews and Norman Police Department responded quickly to Mr. Waugh's call and discovered a hole in the deck of the driving surface of Indian Hills Road over Interstate 35 which caused the chunks of concrete to fall onto Mr. Waugh's vehicle as he was driving on Interstate 35. Street Division crews closed the overpass to all traffic immediately and repairs to the deck driving surface were performed the same night. ODOT and City staff inspected the repairs and the rest of the deck for other possible failures and none were noted at that time.
Additionally, prior to this incident, the Street Division was aware that the Indian Hills Road overpass was on the schedule for inspection and possible repairs. Therefore, as indicated above, there appears to be possible negligence on the part of the City in this matter and, consequently, potential liability on the City. The amount claimed by Mr. Waugh appears to be reasonable.
RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney's Office that the claim by Sean Waugh for damage to his vehicle in the amount of $1,714.08, as above set forth, be approved.