Almost exactly one year ago, on the rainy evening of Feb. 17, 2011, Chronicle reader Matt Hampel filed a 13-word Stopped.Watched. item about pavement problems on Huron Street: “Looks like southern lane of Huron west of Seventh has buckled. Police, flares.”
Is Ann Arbor the kind of city where even the potholes are heart-shaped? (Photo illustration by The Chronicle.)
A visit to the scene by The Chronicle found city crews wrapping up their work, filling in some potholes in both the eastbound and westbound lanes.
Unknown to The Chronicle at the time, another reader, Eric Wucherer, had encountered the potholed pavement on Huron Street that same evening, sustaining two flat tires.
And Wucherer was not the only driver to sustain vehicle damage due to the same set of potholes. As he described it in the web-based service request that he logged near midnight: “Pulled over behind someone with a flat tire from the same pothole, who was able to deploy their spare tire. With 2 flats, I got towed …”
Over the next few months, Wucherer filed a request under the Freedom of Information Act to obtain records of complaints made about potholes at that location. He filed a claim with the city’s board of insurance administration – it was denied. He filed an appeal of the denial – it was rejected.
Then Wucherer did something at that point in the process that no one else has tried in assistant city attorney Bob West’s recollection over the last 16 years: Wucherer filed against the city of Ann Arbor in the small claims division of the 15th District Court.
Under Act 236 of 1961, attorneys aren’t allowed to argue on behalf of clients in small claims court. But defendants in small claims court – in this case, the city of Ann Arbor – are allowed to demand that the case be removed from small claims to the general civil docket. And the city of Ann Arbor exercised its right to do that. That permitted West to handle the case.
The case was set up for West to argue, among other things, a standard governmental immunity defense on behalf of the city. But before Wucherer and West squared off – in a case that had been assigned to be heard by then-judge Julie Creal – the city offered to settle the claim.
And on Sept. 22, 2011 the city’s board of insurance administration authorized a settlement with Wucherer for $568.16. In his claim he’d asked for $750 to cover damage to tires, wheels and an axle.
In reporting this article, The Chronicle reviewed nearly a year’s worth of vehicle damage claims brought before the board of insurance administration. They included a range of vehicle damage – allegedly caused by potholes, garbage trucks, a police car, or falling tree branches.
After the jump we take a brief look at the defense the city would have made in court in the Wucherer pothole case, and the way the city approaches pothole repair, as well as some of the other types of vehicle damage claims. [Full Story]
