WARM saves city from plague of lawsuits

Font Size:
Default font size
Larger font size

Some might call the lawsuits frivolous. Some say they're legitimate.

Regardless of the validity, Casper City Attorney Bill Luben said what's most important is for people to have a place to voice their concerns.

Each year, the city of Casper receives lawsuits. Some are settled, and some go to court.

But, before the city takes any action, the lawsuits first are reviewed by a liability pool called the Wyoming Association of Risk Management.

The association, which also includes Gillette, Laramie, Cheyenne, Laramie County and Natrona County, then decides whether to settle or fight the lawsuit. Whatever costs are incurred from there, outside of a $500 deductible, fall on the pool.

"Everybody should have ways to raise controversy - whether they win under the law or not is another question, but they do have the opportunity to raise the claim," Luben said. "It gives them the opportunity to express themselves."

The United States District Court recently dismissed a lawsuit from a Casper man who sued the city through federal court concerning junk on his property.

Luben sent the case to the risk management association, which then handled the court and attorney costs. The city has received about two of these types of lawsuits each year for the past four years, Luben estimated, with very few before then.

Once the cases are in the management association's hands, it's difficult to put an average cost on them, said the risk management association's director Denise Freeman. Some cases, such as code enforcement issues, settle quickly. Others, such as lawsuits from prisoners, can take longer and incur higher costs.

The association handles roughly 125 cases each year, including everything from prisoner lawsuits and auto liabilities to yard-junk issues.

But even with the pool, there's only so much money a claimant can receive. State law caps lawsuits to $250,000 per person or $500,000 per event, which means if there were more than two people involved and they won the maximum amount, they would have to split the $500,000 instead of each receiving $250,000 - with the exception, Luben said, of civil rights violations, which go through federal court.

It's not often the city is found liable in these types of cases, Luben said.

"WARM reviews all cases for their merit," he said. "If we aren't liable, we will fight to the bitter end. We won't pay money out as a convenience."

Contact city reporter Christine Robinson at (307) 266-0639 or christine.robinson@trib.com.

Print Email

/news/local
 
Sponsored by:

Connect with Us

TribTown