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Determining that it was not the county's fault, the Kosciusko County Commissioners Tuesday denied a claim by a woman that the county owes her $386 for paint damage.
According to county attorney Mike Miner, the woman claims that while at a stoplight, a county highway truck drove past her and sprayed paint onto her vehicle. Six months after the alleged incident happened, she filed the claim to be reimbursed for the damage.
Miner said if the county denies the claim, the woman and her attorney will likely file in court seeking damages, costing the county more money for court and attorney fees. However, if the county pays the $386, it will open the door for more allegations. Even if the county should win the suit, the county will still have attorney fees which they can't file for if they win.
"It's a little bit like a hostage situation," said Miner.
Kosciusko County Highway Superintendent and Engineer Rob Ladson said the claim came to the county's attention six months after it allegedly happened and he doesn't think the county is at all responsible for the incident.
"Personally, I think we should deny it," he said. He said he doesn't believe the paint could have been sprayed onto her vehicle as the woman alleges. The incident allegedly happened on Anchorage Road, west of the railroad tracks. While that portion of the road is not in the county but in the City of Warsaw, the county did paint road markings on that day. However, to say the county spray-painted the woman's windshield as she alleges, "it's not possible."
To defend the county against the lawsuit, Miner said it will cost the county approximately $1,000-$1,500 to defend the county, but it is the plaintiff's burden to show the county did do what the woman alleges.
"They're hoping we'll settle," said Ladson.
County commissioner Ron Truex said economically, it's in the county's best interest to settle, right or wrong.
Ladson said the commissioners' decision will set a precedent. And while it was totally the commissioners' decision, the county's insurance company did investigate the matter before they, too, decided to deny the claim.
The commissioners unanimously voted to deny the claim.
In other business, the county commissioners:
• Approved the Indiana Department of Correction Community Transition Program grant.
By participating in the program, Kosciusko County can receive approximately $15 a day per offender "above and beyond" what the county is paid for work release center housing.
Under the program, Kosciusko County would accept inmates from the Indiana Department of Corrections who have 60 to 90 days of their sentence left. The inmates would then be put on the work release program.
The start-up grant would give the county $45,000 each year for two years to help pay the expenses. After the initial two years, the county can reapply for the grant every two years.
The mission of the program is to facilitate the successful reintegration of offenders returning to the community. Any offender accepted by Kosciusko County would have to be from Kosciusko County.
The offender is responsible for all medical expenses. If the offender is found indigent, DOC is responsible for medical expenses.
• Approved for Kosciusko County Sheriff Aaron Rovenstine to apply for COPS grants for two new road officers. The grants, if received, would pay $75,000 per officer for three years, with a percentage of their pay paid by the county. The federal government restarted the program recently.
• Approved a contract with Indiana Assessment Service to look at the county's property reassessment and confirm that the assessment was done properly.
• Approved Nash Drive as a county-maintained road.
• Approved an extension of the Western Route Project contract to include study beyond U.S. 30 to the Elkhart County line road.
• Approved Kosciusko County administrator Ron Robinson to proceed "investigating the possibilities" of adding a kitchen and a female section to the work release center.
• Approved a joint executive session with the county council for June 13 at 6 p.m. to discuss acquisition.
• Approved a resolution to donate a building on Winona Avenue given to the county by UTS to Cardinal Center Inc. The county council and Cardinal Center must also approve the donation.
• Approved an agreement with Verizon Wireless and one with Sprint for communication support.
• Approved a petition by Ronald Lee and Angie R. Swihart's for a vacation of a total of 300 feet of alleyways near CRs 700S and 1000W in Sevastopol. There were no remonstrators.
• Met Nate Schmidt, a Ball State University junior who will be interning with the Kosciusko County Area Plan Commission for the summer. Schmidt is originally from Minnesota and currently resides in Ligonier.
Kosciusko County Commissioners are Ron Truex, chairwoman Avis Gunter and Brad Jackson. They meet at 9 a.m. in the county courthouse, Warsaw, every other Tuesday.
