Committee recommends denial of resident's manhole-cover damage claim after storm

The City of Milwaukee Judiciary & Legislation Committee on May 4 recommended denial of a claim by Peyton Resner that a manhole cover dislodged during an August storm and struck his parked Jeep, totaling the vehicle.

City Attorney (City Attorney) told the committee the city’s recommendation is denial, saying investigators found no prior notice of a defect and no evidence of negligence in the city’s response. "The city had no notice of the defect and was not negligent in its response," the attorney summarized.

Jason Sandoz, sewer services manager with the Department of Public Works, described how extreme backpressure and flooding can lift or displace manhole lids during high-volume events. "The back pressure from everything that backed up ... basically knocked the lid off," Sandoz said, adding that in his experience lids have been propelled several feet. He also said crews responded to a missing-lid complaint and secured the lid early the next morning.

Resner testified that he discovered the damage the following morning after the storm, provided photographs and said neighbors had witnessed part of the event. He told the committee the Jeep was totaled and that insurance did not cover roughly $5,435 of the vehicle’s value; his deductible was $500.

Committee members pressed on two main issues: causation and notice. One alderman asked how earlier notice to the city would have changed the outcome; Resner said it would not have prevented the damage but would have helped residents and insurers understand the cause. The city attorney again emphasized that lack of notice is a key factor in the office’s recommended denial.

Alderman Robert Baumann moved the committee recommendation to deny the claim; the motion was recorded as passed with one objection noted by Alderman Jose Perez. The committee chair and legal staff advised that committee action is a recommendation: the full Common Council will consider it at its May 12, 2026 meeting. If the full council issues a formal notice of denial, Resner was told he may pursue judicial review in circuit court.

The committee did not adopt an alternative remedy or settlement and did not schedule further fact-finding. The claimant’s option to pursue litigation was explained as the next procedural step.

The committee recessed to other agenda items.