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GAB Business Services Inc <br />380 Lafayette Freeway Road <br />Suite 118 <br />P O Box 7007 <br />St Paul Minnesota 55107 <br />612 - 292 -1234 <br />Branch Office <br />January 22, 1988 <br />Gwen Mastell <br />2481 McMenemy St. <br />Little Canada, MN <br />Dear Ms. Mastell: <br />55117 <br />GAB FILE NO: 56542 -04763 <br />CLAIMANT: MASTELL, GWEN <br />INSURED: CITY OF LITTLE CANADA <br />D /L: 07 -05 -87 <br />Our organization represents the League of Minnesota Cities <br />Insurance Trust who insured the city of Little Canada. Your <br />claim to the city amounting to $1,463.13 has been forwarded <br />to us for attention. <br />Our investigation of this matter reveals no negligence on the <br />part of the city of Little Canada and therefore no liability <br />for your claim. <br />I discussed the circumstances in connection with your claim with <br />Mr. Roger Glanzer, Public Works Superintendant. He indicated <br />that the call to your property was received early in the morning <br />of 07/06/87. This was following a severe thunderstorm with <br />heavy rains occurring on the previous evening. Crewmen jetted <br />the main sanitary sewer line in front of your property and sticks <br />and solid matter were broken up which caused the dam up and back <br />flow up into your lateral. There was no defect in the Line. <br />Rain water had apparently entered the line through someone else's <br />property up the Line from you, either from a flooding of their <br />basement from roof drainoff or gutter drains were emptied into <br />basement drains, a situation which is not permitted. Citys <br />are given relief from responsibility for this type situation <br />as they have no control over what goes into the santitary sewer <br />system. This is a closed system and whatever flows through <br />the system comes from the homes of the people on the line. <br />A summary of existing Minnesota case law indicates that in order <br />for a plaintiff to prevail he must four things: <br />1. Suffered damages due to a awer back up. <br />2. Sewer back up was caused by a defect in the municiple line. <br />3. City had notice of such defect, and, <br />4. City failed to exercise reasonable and ordinary care in <br />remedying said defect. <br />In the absence of the defect there is no responsibility. It is <br />with regret that we must decline your claim. <br />MLP:kar <br />Yours Very Truly, <br />Page 37 M. L. Politte, Adjuster CC:City CC: Agency <br />