10. R.L. Elver of Platteville, Wisconsin claims $100.00 for the cost of repairing an x-ray machine allegedly damaged by a Department of Health and Family Services inspector. The x-ray machine at the claimant's dentistry office was inspected by an employe of DHFS' Radiation Protection Section. The claimant states that during the inspection, the DHFS inspector incorrectly fed a test film into the machine and jammed the processor. The claimant requests reimbursement for his $100 repair bill to fix the machine. The Department of Health and Family Services recommends payment of this claim. The DHFS admits that when inspecting the claimant's machine, the test film was fed into the processor a little out of alignment and jammed in the processor and that this may have caused the damage claimed. The DHFS believes that this claim is justified and that the repair cost is reasonable and therefore recommends payment of this claim. The Board concludes the claim should be paid in the amount of $100.00 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Health and Family Services appropriation s.
20.345(1)(gm), Stats.
11. Wilbert Finke of Stratford, Wisconsin claims $50.85 for damages allegedly caused by a state inspector turning off a milk pump kill switch at the claimant's dairy farm. The claimant alleges that he never turns this switch off and that the only other person who had access to that switch was the DATCP inspector. The claimant did not realize that the inspector had turned off the switch and called a repairman to find out what was wrong with his equipment. He requests reimbursement for the service call. The Department of Agriculture, Trade & Consumer Protection does not admit liability for the claimant's damages, however the Department does not contest payment of this claim by the Claims Board. The Department believes that the claimant's evidence supporting Department liability for the claim is weak and not conclusive. However, if the claim is awarded, the Department recommends payment of no more than $50.85. The Board concludes the claim should be paid in the amount of $50.85 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Agriculture, Trade & Consumer Protection appropriation s.
20.115(1)(a), Stats.
12. Troy and Karen Mabie of Janesville, Wisconsin claim $346.50 for car damage allegedly caused by a substance leaking from the roof of the Monona Terrace parking garage. The claimants parked there while attending a function downtown and when they returned to their car they noticed a white liquid dripping from the ceiling onto their vehicle. The claimants also noticed that there were markings sprayed on the ceiling around the leak apparently indicating that someone was aware of the problem. The claimants believe that the parking stall should have been blocked off to prevent vehicles from being parked in this area, since parking ramp personnel were apparently aware that there was a problem with a leak in this stall. The liquid would not wash or scrape off of the claimants' vehicle and ate into the paint, damaging the finish. The claimants request reimbursement for the cost to re-paint their car. They feel that the state was negligent for not blocking off the parking space and do not feel that their insurance should be billed for this damage. They have a $50 insurance deductible. The Department of Administration recommends payment of this claim. The manager of the Monona Terrace parking ramp has stated that there were some problems with a newly chalked joint leaking onto the vehicle and that the chalk is what caused this damage. The Department recommends full payment of the claim. The Board concludes the claim should be paid in the amount of $346.50 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Department of Administration appropriation s.
20.505(5)(kb), Stats.
13. Ernestine Nelson of Milwaukee, Wisconsin claims $628.00 for 1998 homestead tax credit. The claimant filed her homestead tax credit claim on January 12, 1999. The Department of revenue requested additional documentation to substantiate her claim. The claimant's apartment building was sold to a new owner. The claimant had an agreement with the previous owner that she would pay a reduced rent in return for performing some manegerial services at the apartment building. The claimant received the needed notarized letter from the previous owner but it took some time for her to get a notarized letter from the new owner. The claimant finally received the needed information from the new owner and sent it to the Department of Revenue. The claimant apologizes for the delay and requests her 1998 homestead credit. The Department of Revenue has no recommendation regarding this claim. The Department requested additional documentation for the claimant's homestead claim in January 1999. The Department denied the claimant's homestead credit claim on June 18, 1999, because it had not received the requested documentation. On August 26, 1999, the Department received a petition for re-determination from the claimant. Since the claimant's appeal was filed more than 60 days from receipt of the denial, the department's denial of her 1998 homestead claim is final and conclusive. 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 not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
S487
14. Dennis E. Robertson of Madison, Wisconsin claims $200.00 for unpaid medical expenses allegedly related to injuries sustained by Heather Hagan at the October 30, 1993, UW-Michigan football game at Camp Randall. The claimant served as Ms. Hagen's attorney after the incident. Ms. Hagan was transported by ambulance because of her injuries. The claimant was advised shortly after the incident that the State or UW would take care of unpaid medical expenses for people injured in the stadium stampede. Neither Ms.Hagen nor the claimant realized until recently that the ambulance bill had remained unpaid for 5 years. As an accommodation to Ms. Hagen, the claimant paid the bill and is now seeking reimbursement. The University of Wisconsin System recommends payment of this claim on equitable principles. Ms. Hagen was involved in the Camp Randall stampede and required transport to the hospital as a result of the injuries she sustained. She was advised at that time that either the UW or the state would cover her uninsured medical expenses. It was an oversight that the $200 ambulance bill was not paid. Under all the circumstances noted above, and because a number of similar claims arising from the stampede incident have previously been paid, payment appears appropriate here. The Board concludes the claim should be paid in the amount of $200.00 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the University of Wisconsin appropriation s.
20.285(5)(h), Stats.
The Board concludes:
1. The claims of the following claimants should be denied:
Angel F. Williams
Melvin Rice
Boulanger Construction Company, Inc.
John C. Koshick
Ernestine Nelson
2.
Payment of the following amounts to the following claimants is justified under s. 16.007, Stats:
Julie Leser $250.00
Wisconsin Gas Company $941.53
Scott A. Bowe $185.00
R.L. Elver $100.00
Wilbert Finke $50.85
Paul C. Johnson $799.63
Troy & Karen Mabie $346.50
Dennis Robertson $200.00
The Board recommends:
1. Payment of $23,053.80 to Jerome and Theresa Wagner for damages related to the failure of Ryser Brothers Dairy in 1991.
2. Payment of $8,420.92 to the City of La Crosse, Wisconsin for damages related to a late fee assessed against the city's 1999 transportation aids.
Dated at Madison, Wisconsin this 6 th day of March 2000.
Alan Lee, Chair Edward D. Main, Secretary
Representative of the Representative of the
Attorney General Secretary of Administration
Sheryl Albers Lawrence A. Wiley
Assembly Finance Committee Representative of the
Governor
__________________
By Charles Sanders, chief clerk.
Mr. President:
I am directed to inform you that the Assembly has passed and asks concurrence in:
Assembly Bill 203
Assembly Bill 453
Assembly Bill 714
Concurred in:
Senate Bill 146
Senate Bill 163
Senate amendment 1 to Assembly Bill 654
Nonconcurred in:
Senate amendment 1 to Assembly Bill 444
__________________
Assembly Bill
203
Relating to: automatic fire sprinkler systems in University of Wisconsin System residence halls.
By Representatives Kreibich, Kelso, Hahn, Plale, Sykora, Brandemuehl, Wasserman, Spillner, Owens, Hutchison, Seratti, Petrowski, Urban, Ott, Underheim, Powers and Gunderson; cosponsored by Senators Risser, Darling and Zien.
Read first time and referred to committee on Education.
Assembly Bill
453
Relating to: liability for the actions of law enforcement officers and other employes of cities, villages, towns or counties who are requested to assist other jurisdictions.
By Representatives M. Lehman, Sykora, Olsen, Musser and Stone.
Read first time and referred to committee on Economic Development, Housing and Government Operations.
Assembly Bill
714
Relating to: use of epinephrine auto-injectors on pupils by certain school employes and volunteers.
By Representatives Wasserman, Sykora, Berceau, Boyle, Goetsch, Gronemus, Grothman, La Fave, J. Lehman, Musser, Pettis, Plouff, Richards, Ryba, Sinicki, Staskunas, Turner, Waukau and Skindrud; cosponsored by Senators Darling, Wirch, Panzer, Roessler, Risser and Robson.
Read first time and referred to committee on Education.
__________________
Senator Risser, with unanimous consent, asked that the Senate adjourn until Tuesday, March 14 at 10:00 A.M..
Adjourned.
10:01 A.M.
