14. J. O. Young of Racine, Wisconsin claims $135.75 for vehicle damage allegedly caused by a parking stop at a University of Wisconsin-Parkside parking lot on July 2, 2004. The claimant states that when he backed out of a parking stall behind Ranger Hall, two large rods protruding 5-6 inches above the parking stop tore off the splashguard on the underside of his vehicle. The claimant contacted the university police and was told to contact the Claims Board. The claimant does not believe that the university inspects parking lots on a monthly basis as they allege, otherwise they would have found the rods. The claimant requests reimbursement of $110.35 for repair of his vehicle, $5.50 for film and film processing for pictures, and $20 for two hours time preparing this claim. The claimant is willing to accept elimination of this final damage amount, reducing his claim to $115.75. The claimant does have insurance coverage but his deductible is $500.
The University of Wisconsin recommends denial of this claim and does not believe there was any negligence on the part of the state or that there is any equitable reason for payment. The parking lot at Ranger Hall contains heavy recycled plastic parking stops at each parking space. The stops are secured in place by thick metal rods. The University states that these stops are not intended to be used as bumpers and that repeated forceful impacts by vehicles can occasionally cause the metal rods to protrude. The University states that, even assuming that the facts as presented by the claimant are true, there is no negligence on the part of the University. The University inspects the lot in question on a monthly basis, and the most recent inspection of the lot prior to this incident did not reveal any rods protruding from parking stops. In addition, no one had reported any protruding rods after the inspection and, therefore, the University had no notice of any problem. The University further states that it does not have the resources to inspect the lots more frequently. The University also states that it is possible that, instead of being a pre-existing condition, the rods could have protruded as a result of the forceful impact of the claimant's own vehicle at the time he pulled into the stall. Finally, although the University does not believe there is any basis for payment of this claim, should the Claims Board decide to award payment, the University believes it is not appropriate to reimburse the claimant for supplies and time spent in filing his claim with the Claims Board.
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.
15. Holcim, Inc., of Waltham, Massachusetts claims $11,100.00 for refund of an alleged overpayment in connection with the filing of the claimant's 2002 Foreign Corporation Annual Report. The claimant states that in section 10 of the report, its total assets were incorrectly listed as $132,189,562 and its total Wisconsin assets were incorrectly listed as $655,800. The claimant filed articles of correction for the 2002 report and requests a refund of the $11,100 overpayment that resulted from the incorrect figures that appeared in the original report.
S899
The Department of Financial Institutions recommends against payment of this claim because the Department has no means by which it can verify the accuracy of the figures provided in either the original report or the articles of correction. The Department points to the fact that the claimant has exclusive control over all of the information on which these figures are based. The Department states that it made no error in processing the claimant's report and does not believe that the state should be held responsible for any alleged errors made by the claimant. The Department points to the fact that the Claims Board has a history of denying these types of claims because it cannot be established that the state committed any error.
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.
16. Holcim, Inc., of Waltham, Massachusetts claims $1,930.00 for refund of an alleged overpayment in connection with the filing of the claimant's 2003 Foreign Corporation Annual Report. The claimant states that in section 10 of the report, its total assets were incorrectly listed as $124,574,028 and its total Wisconsin assets were incorrectly listed as $424,094. The claimant filed articles of correction for the 2002 report and requests a refund of the $1,930.00 overpayment that resulted from the incorrect figures that appeared in the original report.
The Department of Financial Institutions recommends against payment of this claim because the Department has no means by which it can verify the accuracy of the figures provided in either the original report or the articles of correction. The Department points to the fact that the claimant has exclusive control over all of the information on which these figures are based. The Department states that it made no error in processing the claimant's report and does not believe that the state should be held responsible for any alleged errors made by the claimant. The Department points to the fact that the Claims Board has a history of denying these types of claims because it cannot be established that the state committed any error.
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:
Penetrator Sound and Lighting, Inc. $5,000.00 §20.190(1)(h), 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
