A Oklahoma City woman filed a tort claim with the City of Guthrie after she says her body slammed on a city sidewalk.
On Aug. 16, 2016, Rosetta Woodberry, whose age was redacted from the tort claim, says she tripped on a portion of raised cement of a sidewalk in the 100 block of S. Division.
In the claim, Woodberry says her “body slammed on (the) side walk – pain in back, hip , shoulder and knee.” When the claimed was submitted to the City on Nov. 3, 2016, Woodberry says she was “still under doctor’s care.”
The City’s insurance provider, Oklahoma Municipal Assurance Group (OMAG), investigated the case and recommended the City to deny the claim.
OMAG said, “We find no liability on the City’s part regarding this incident.”
In a letter to Woodberry, OMAG responded with, “A municipality may be liable only if it had prior notice of a defect or problem and failed to take appreciate remedial action within a reasonable time before the damage occurred.”
The letter goes on to say that the City was notified of the sidewalk issue on Aug. 18, 2016 and repairs were completed by Aug. 25, 2016.
“Furthermore, the difference in levels of the sidewalk would be considered a trivial defect.
The council unanimously approved the denial on their Feb. 7, 2017 council meeting.
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