Written by MARK JAEGER
Wednesday, 11 June 2014 17:41
Officials drop demand for triple damages to cover River Park Rd. repairs
The Town of Saukville has settled a lawsuit over damage caused to River Park Road last spring.
The town filed a lawsuit against the Saukville trucking company DR Ag Services last October, contending heavy farm equipment hauled by the company damaged the asphalt road in late May of 2013.
Officials noted the damage occurred on a 600-foot stretch of pavement west of Highway I.
The town contends the damage was caused by a semi-tractor owned by DR Ag Services which was hauling a tanker filled with liquid manure to a field farmed by Jeff Opitz.
Opitz was also named in the suit.
According to Town Attorney John DeStefanis, the town paid the Ozaukee County Highway Department $10,000 to repair the rutted pavement.
Originally, the estimate to repair the road was $13,000.
DeStefanis said the defendants agreed to pay $8,500 for the repairs.
“While this is a bit less than the repair cost, it is appropriate because settling early in the lawsuit results in the town not having to spend additional sums to finance the litigation, much of which could not be recouped,” the attorney said.
Additionally, DeStefanis said, the settlement avoids the uncertainty that comes when a case goes to trial.
“The settlement mitigates, to a large extent, the expense borne by the taxpayers,” he said.
DeStefanis said an earlier settlement offer in the case was rejected by the town because officials felt the offered amount was too low.
In the original court filing, the town stated it intended to seek triple damages — three times the cost of the repairs — plus court costs and attorney fees.