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Old 07-24-2012, 10:04 AM
 
Location: Upstate, SC
19 posts, read 52,926 times
Reputation: 32

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I was driving North on HWY 25 (SC), in the right lane, from Ware Shoals to Greenville. I hit a pothole that caused $550 damage to my car. The pot hole was in Greenville County. Since the damage immobilized me, a police man stopped to try to assist me. I was already in communication with my dealer and they had a tow truck in route to me. Frustrated, the police man told me to file the claim with SCDOT and they should satisfy the claim. He noticed the size pot hole and said that it "should have been reported and doesn't grow that large that fast overnight". We also called highway patrol then and reported it.

When I filed the report (form 2062, SCDOT Damage Claim Form), after 2 months, Amanda Molina rejected the claim. Escalated to her supervisor, Linda McDonald, Chief Council for SCDOT, we were told that the claim was rejected because South Carolina is protected under Tort Liability (hence, they can't be charged for something they weren't aware of....). SCDOT claimed the pothole was caused by a cut in the asphault by Greenville Water Systems (GWS), and it is their responsibility. Since the cut in the asphalt was less then 2 years old, it was still under GWS 'warranty'.

We then contacted GWS and filed the claim. We learned that the pothole was caused and supervised by an employee of GWS (Wayne Shuman) that also had a (private)business on the side, that is contracted by GWS. Again the claim was denied. We contacted several engineers in the company, and because we were making so many inquiries, we were finally told that no one is allowed to talk to us again. They blamed the SCDOT.

We had a copy of the document from SCDOT, showing the work order made by Shumans company and approved by Shuman, and date stamped. We even tried to speak to the Director of GWS, Lynn Stovall....He wouldn't say anything and told us he wasn't getting involved and we should 'stop' pursuing....He was a jerk!(threatening....I don't want to end up like Jimmy Hoffa..hehe).

We also tried to file thru the State Reserve Fund, the State insurance company, and spoke to Nancy Stevenson, who told us our claim would be denied before she even saw it. All the State Reserve Fund does is collect. Like most insurance companies, a payout seems rare or shortchanged.

After I called City Hall and spoke to Mayor Knox's (Mayor Knox sits on the GWS Board) assistant about this situation...I never heard anything back.

Thru the Freedom of Information Action (FOIA), we requested the pothole claims from the state and GWS within 6 months from the incident. All 37 claims we received from within 1/2 mile from our pothole were denied in 6 months range we requested. We felt there were others that were withheld and not given to us.

Its $550, and my argument was the point of the matter. I don't really care about the money, but I am a taxpayer, and I would have like to see my local government take some responsibility. From the claims from the FOIA, some of the claims were over $1000, and I feel bad for people with those loses who cant afford the repairs. I mentioned the incident to my attorney, and he said to sue both the SCDOT and GWS....The courts will decide.

You would think with the number of cars on that highway (25,000 daily), and with all the government employees (Highway Patrol) on that road, that the pothole would have been reported...which I think it was....It was just ignored.

(see attached photos)
Attached Thumbnails
Pot Holes and Who's Responsible??-capture.jpg  

Last edited by Elio73; 07-24-2012 at 10:13 AM..
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Old 07-24-2012, 10:08 AM
 
Location: Great State of Texas
86,052 posts, read 84,509,263 times
Reputation: 27720
When you are immune from liability then you don't care what happens.
Applies to people, business, government.

When you can't get in trouble then you start doing whatever you want with no care for what happens or to whom.
Do you see the truth in that..the big picture here ?

Nobody cares anymore because they are not held accountable for it so they don't give a sh*t about anybody but themselves.
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Old 07-24-2012, 10:19 AM
 
Location: Londonderry, NH
41,479 posts, read 59,799,372 times
Reputation: 24863
The pothole and other road defects were very deliberately ignored to avoid the costs of repairs you just uncovered. I suggest you organize a class action suit including all the damaged parties in that part of the state and consider the state actions to include reckless endangerment. Get legal advice and give the lawyers a good chunk of the settlement.

Also sounds like a conflict of interest on Wayne Shuman's part as he inspects his own, apparently inadaquate, work.
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Old 07-24-2012, 10:21 AM
 
12,436 posts, read 11,952,342 times
Reputation: 3159
Wait for it. It will turn out to be Obama's fault.
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Old 07-24-2012, 10:21 AM
 
79,907 posts, read 44,222,338 times
Reputation: 17209
See if the local paper wants to get involved. When that happens maybe far more people will speak up which will cause some sort of reaction from whoever is responsible.
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Old 07-24-2012, 10:23 AM
 
Location: North America
19,784 posts, read 15,116,982 times
Reputation: 8527
Quote:
Originally Posted by Elio73 View Post
I was driving North on HWY 25 (SC), in the right lane, from Ware Shoals to Greenville. I hit a pothole that caused $550 damage to my car. The pot hole was in Greenville County. Since the damage immobilized me, a police man stopped to try to assist me. I was already in communication with my dealer and they had a tow truck in route to me. Frustrated, the police man told me to file the claim with SCDOT and they should satisfy the claim. He noticed the size pot hole and said that it "should have been reported and doesn't grow that large that fast overnight". We also called highway patrol then and reported it.

When I filed the report (form 2062, SCDOT Damage Claim Form), after 2 months, Amanda Molina rejected the claim. Escalated to her supervisor, Linda McDonald, Chief Council for SCDOT, we were told that the claim was rejected because South Carolina is protected under Tort Liability (hence, they can't be charged for something they weren't aware of....). SCDOT claimed the pothole was caused by a cut in the asphault by Greenville Water Systems (GWS), and it is their responsibility. Since the cut in the asphalt was less then 2 years old, it was still under GWS 'warranty'.

We then contacted GWS and filed the claim. We learned that the pothole was caused and supervised by an employee of GWS (Wayne Shuman) that also had a (private)business on the side, that is contracted by GWS. Again the claim was denied. We contacted several engineers in the company, and because we were making so many inquiries, we were finally told that no one is allowed to talk to us again. They blamed the SCDOT.

We had a copy of the document from SCDOT, showing the work order made by Shumans company and approved by Shuman, and date stamped. We even tried to speak to the Director of GWS, Lynn Stovall....He wouldn't say anything and told us he wasn't getting involved and we should 'stop' pursuing....He was a jerk!(threatening....I don't want to end up like Jimmy Hoffa..hehe).

We also tried to file thru the State Reserve Fund, the State insurance company, and spoke to Nancy Stevenson, who told us our claim would be denied before she even saw it. All the State Reserve Fund does is collect. Like most insurance companies, a payout seems rare or shortchanged.

After I called City Hall and spoke to Mayor Knox's (Mayor Knox sits on the GWS Board) assistant about this situation...I never heard anything back.

Thru the Freedom of Information Action (FOIA), we requested the pothole claims from the state and GWS within 6 months from the incident. All 37 claims we received from within 1/2 mile from our pothole were denied in 6 months range we requested. We felt there were others that were withheld and not given to us.

Its $550, and my argument was the point of the matter. I don't really care about the money, but I am a taxpayer, and I would have like to see my local government take some responsibility. From the claims from the FOIA, some of the claims were over $1000, and I feel bad for people with those loses who cant afford the repairs. I mentioned the incident to my attorney, and he said to sue both the SCDOT and GWS....The courts will decide.

You would think with the number of cars on that highway (25,000 daily), and with all the government employees (Highway Patrol) on that road, that the pothole would have been reported...which I think it was....It was just ignored.

(see attached photos)

Why post here? Nobody can do anything for you in an internet forum. Take your evidence to the powers that be in Greenville County. Sheesh.

Or better yet, use the computer you're sitting in front of and learn who's responsible for yourself. It would take less time than it took you to type all this nonsense and post it here.
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Old 07-24-2012, 10:32 AM
 
Location: Upstate, SC
19 posts, read 52,926 times
Reputation: 32
Quote:
Why post here? Nobody can do anything for you in an internet forum. Take your evidence to the powers that be in Greenville County. Sheesh.
I posted on this site because I've exhausted everything I could think of. The previous comments are already helpful. I love the class-action comment. We are in the same country...This isn't just Greenville County. Its the same dreck everywhere, apparently.
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Old 07-24-2012, 10:33 AM
 
Location: North America
19,784 posts, read 15,116,982 times
Reputation: 8527
Quote:
Originally Posted by Elio73 View Post
I posted on this site because I've exhausted everything I could think of. The previous comments are already helpful. I love the class-action comment. We are in the same country...This isn't just Greenville County. Its the same dreck everywhere, apparently.
Just take the fight to city hall, that's a good starting place, and keep it up till you annoy them into action. works for me, and HAS worked for me on several occasions.
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Old 07-24-2012, 10:57 AM
 
Location: Londonderry, NH
41,479 posts, read 59,799,372 times
Reputation: 24863
Same in New Hampshire. I have seen and avoided potholes that could double for tank traps. Minor exageration.
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Old 07-24-2012, 10:59 AM
 
Location: North America
19,784 posts, read 15,116,982 times
Reputation: 8527
Quote:
I have seen and avoided potholes that could double for tank traps
In Florida they call those "sink holes"
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