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The Honolulu Advertiser
Posted on: Tuesday, February 10, 2009

Claims against state cost $374,933

By Christie Wilson
Advertiser Staff Writer

WHERE TO GO

To file a claim, visit www.hawaii.gov/dags/rmo

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The state paid out $70,142 in the last fiscal year to motorists who filed claims for pothole damage, according to a Department of Accounting and General Services report.

The 162 pothole-related claims settled by the state represent 45 percent of all claims and lawsuits resulting in payouts of $10,000 or less during fiscal year 2008, the report said.

Thirty-four claims filed by inmates in state prisons led to $110,049 in payouts for incidents ranging from lost store orders to gang assaults.

Other common claims include vehicle damage from rocks propelled by mowers and weed trimmers, and missing hospital patient belongings.

A total of 759 claims and 29 lawsuits were resolved during fiscal year 2008, according to the DAGS report filed with the 2009 Legislature. The total payout was $374,933.

Claimants had sought $16.75 million in compensation.

More than half the claims — 427 — were denied or closed with no payments made, leaving 332 that received money. Of those, 319 were settled for $2,000 or less.

Of the 29 settled lawsuits, 11 resulted in payouts between $7,501 and $10,000, and 10 were $2,000 or less.

The DAGS Risk Management Office investigates and resolves liability claims against the state of $10,000 or less. Generally, claims are resolved within 60 days.

There is a two-year statute of limitations for claims. According to the DAGS Web site, the decision to pay a claim is based on whether the state was negligent, or, in other words, whether the state could have prevented the incident from occurring.

People unhappy with the Risk Management Office's decision to deny or pay their claim are free to sue.

Most of the pothole damage reported in the claims occurred at various spots on H-1 Freeway. Mokapu Boulevard in Kailua and the Ka Uka on-ramp in Waipahu were other sites with multiple reports. Payouts ranged from $34.70 to $1,774, with the average amount $433.

Patching potholes was no protection for the state against complaints, as four claims totaling $1,844 were paid for vehicle damage caused by debris from pothole repairs.

The average payout for inmate claims during fiscal year 2008 was $3,237.

The largest payouts included $10,000 to an inmate at Halawa Correctional Facility who was given the wrong dose of medicine over several months in 2005, and $10,000 to a Maui Community Correctional Center inmate who fell out of the top bunk of his bed.

Flying rocks from weed trimmers and movers resulted in 47 claims of vehicle damage that received a total of $33,284 in compensation.

A single incident involving an open storm drain on H-1 Freeway from Sept. 11 to Sept. 12, 2007, resulted in 18 claims of vehicle damage, according to the DAGS report. The total payout was $11,049.

The state paid a total of $18,463 for 25 claims involving state hospitals. Most were complaints about missing dentures, eyeglasses, clothing and jewelry.

Other claims mentioned in the report include $141 paid to a Mayor Wright Homes tenant who had to evacuate his apartment because of the foul odor from a dead rat, and $4,444 to a pet owner whose dog was injured at the state Animal Quarantine Facility.

A Waiakea High School student on the Big Island received $465 for a missing iPod that was not returned after a teacher took it away from him, and a motorist got $560 after his car was damaged by a sign held by a junior police officer at Noelani Elementary School in Manoa.

Stray baseballs at high schools were the cause of three vehicle-damage claims totaling $1,008.

The family of a man who fell on stairs at the Stan Sheriff Center in March 2004 and later died received $10,000 from the state as part of a $650,000 settlement. The university paid $300,000 and various contractors paid $380,000.

Anyone planning to file a claim against the state should document the damage by providing repair estimates, photos, proof of ownership and medical bills.

DAGS' Annual Report of Claims and Lawsuits Arbitrated, Compromised, or Settled for Fiscal Year Ending June 30, 2008, and other legislative reports are at www.capitol.hawaii.gov/session2009/lists/RptToLegislature.aspx.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.