MONROE — The city added one more lawsuit to its list in late October, but instead of being sued by residents blaming city resources for injuries or large corporations looking to skim tax bills, this time it is seeking legal action against an individual.

The City of Monroe is a plaintiff, along with representative Cities and Villages Mutual Insurance Company, in a case against Matthew B. Hernandez, 36, of Monroe. 

Hernandez was served papers by a deputy with the Grant County Sheriff’s Office at a residence on Grant Street in Platteville Nov. 10. It was the second attempt to notify Hernandez that he was being sued for negligently setting fire to a vehicle in Honey Creek Park in May 2017. 

The city and CVMIC claim the fully engulfed vehicle was the result of actions by Hernandez and that the action violated city ordinance chapter 5, title 7, outlining that a permit is required for open burning. 

Firefighters with the Monroe Fire Department responded to the park and attempted to put out the car. While attempting to extinguish the blaze, city firefighter Craig Whitaker, who is named as an involuntary plaintiff in the suit, was injured. 

According to previous coverage of the event by the Times, Monroe Fire Chief Dan Smits said Whitaker suffered a fracture. Smits said Nov. 30 he did not want to comment on the injury, but confirmed Whitaker is a firefighter with the department and was hurt that day. 

CVMIC and city attorney Matthew Granitz of Milwaukee-based firm Piper, Schmidt & Wirth, wrote in the claim that because Hernandez violated the ordinance, he and his insurance companies are liable for over $40,000 in workers compensation. Wadena Insurance Company and IMT Insurance Company, both of West Des Moines, are also named in the suit, as well as ABC Insurance Company.

Though Wadena and IMT have retained legal representation, Hernandez does not have a lawyer listed in court files. 

“If it should be determined that (Hernandez) was negligent and caused the plaintiff’s damages, then IMT Insurance Company, and/or Wadena Insurance Company, and/or ABC Insurance Company are directly liable as it/they issued an insurance policy covering the allegations asserted in this lawsuit,” Granitz wrote in the complaint.  

If in the course of the court proceedings, it is found that Hernandez intentionally started the fire, he would be held personally responsible for payment of the $40,000. As of Dec. 3, there were no charges filed against him in Green County Circuit Court.

Smits noted that the fire was suspicious. Monroe Police Chief Fred Kelley said Dec. 3 that the department had investigated the event and had recommended charges to the Green County District Attorney’s Office which included allegations of negligent handling of burning materials. 

District Attorney Craig Nolen noted Wednesday that the report shared with his office recommended a charge of negligent handling of burning material. Nolen said he evaluated whether Hernandez handled the burning material in a way that created a risk of death or great bodily harm deemed unreasonable or substantial with an awareness that the action created those risks. Or if Hernandez’s handling of the materials posed a great risk to another individual’s property. Nolen reviewed the reports and ultimately deemed that the office could not prove beyond reasonable doubt that actions taken by Hernandez met those criteria and he decided not to file criminal charges. 

The threshold for proving negligence in civil court, like the lawsuit brought by the city, is much lower than proving criminal action in a courtroom, Nolen added.

According to court records, there are no formal proceedings yet scheduled in the lawsuit between Hernandez and CVMIC and the city.