The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
The Board concludes:
1. The claims of the following claimants should be denied:
Timothy M. Rupiper
Jacob C. Basten Construction Company, Inc.
Richard and Nancy Derauf
Ken Seubert
Roger L. Bollinger
Steve Fields
J. O. Young
Holcim, Inc. (2 claims)
2. Payment of the following amounts to the following claimants from the following statutory appropriations is justified under s. 16.007, Stats:
Steven Avery $48,791.61 §20.505(4)(d), Stats.
Nicholas R. Schaid $687.91 §20.465(1)(a), Stats.
Penetrator Sound and Lighting, Inc. $5,000.00 §20.190(1)(h), Stats.
Jason Peter Koenigs $640.20 §20.465(1)(a), Stats.
Matthew Neitzel $1,000.00 §20.465(1)(a), Stats.
Kraig Nelson $1,248.70 §20.465(1)(a), Stats.
Roy and Sandra Noack $248.32 §20.115(1)(a), Stats.
Dated at Madison, Wisconsin this 14th day of December 2004.
Alan Lee, Chair
Representative of the Attorney General
John E. Rothschild, Secretary
Representative of the Secretary of Administration
Stan Davis
Representative of the Governor
Scott Fitzgerald
Senate Finance Committee
Dan Meyer
Assembly Finance Committee
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