Somerville committee recommends $100,000 appropriation from Water Enterprise Fund to satisfy court judgment
Summary
City lawyers told the finance committee the city will appropriate $100,000 from Water Enterprise Fund retained earnings to satisfy a jury verdict for negligent water meter installation; the larger breach-of-warranty claim was dismissed and may be the subject of appeal.
The Somerville Finance Committee recommended appropriation of $100,000 from the Water Enterprise Fund to satisfy a jury judgment arising from a negligent water meter installation.
Deputy City Solicitor David Shapiro told the committee that a jury found in favor of the plaintiff on a negligent-installation claim and awarded $100,000. “The jury ultimately found in favor of the plaintiff on the negligent installation claim with a hundred thousand dollar judgment,” Shapiro said. He added that the plaintiff had originally asserted a breach-of-warranty claim tied to a larger $1.3 million figure; the court dismissed that claim, but the plaintiff may appeal that portion.
Shapiro described contested evidence at trial about who installed the meter, noting the city document had stated a city employee installed it while testimony at depositions differed. “It is very difficult...to discredit your own document in front of a jury,” he said, explaining that the jury’s verdict turned on those factual disputes.
Committee members asked whether similar suits might arise from other meter replacements. Shapiro said he knew of none and called another identical gasket-based failure unlikely; he noted the general statute of limitations is three years, subject to discovery rules. Committee members also asked whether recent citywide meter replacement contractors create liability; Shapiro said if a private owner’s contractor installed a meter, the city should not be liable, but if a city vendor performed the work contractual indemnities and insurance would apply.
The committee placed the appropriation on the table to recommend approval.
