Town of Milton named as defendant in lawsuit

May 08--TOWN OF MILTON -- An insurance company representing a Whitewater woman is seeking repayment after the town of Milton intercepted her tax return to collect fees on a fire department bill, according to a lawsuit filed in Rock County Court.

The lawsuit, filed last month on behalf of Ohio-based Artisan and Truckers Casualty Company, claims the town collected $1,233 from the tax return of Chris Johnson, 3426 N. Hall Road, Whitewater, for an emergency response bill.

Such action is unconstitutional, the lawsuit claims.

On Oct. 20, 2016, Johnson was driving east on County M near Scharine Road when she experienced an unnamed "medical condition." Her vehicle left the road, and the Milton Fire Department responded to the scene, according to the lawsuit.

Johnson was transported to a hospital and was uninjured in the incident. The fire department dispatched an engine, a tanker and six people in response.

A June 2017 bill included in the complaint lists charges totaling $1,233 for the vehicles, employees and a flat accident response fee. Johnson's vehicle needed to be towed from a field, but it was not severely damaged and was not in flames, according to the lawsuit.

Johnson's policy with Artisan did not cover those charges, so the insurance company never paid them. The town obtained the money via Johnson's tax return, according to the lawsuit.

Artisan wants the town to repay Johnson and award her damages. It is also seeking a declaration that the town had "no legal authority" to collect the money from Johnson, according to the lawsuit.

The Gazette was unable to reach the town or lawyers representing Artisan for further comment.

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