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(USGovernment-News.Com, April 26, 2014 ) Detroit, MI -- When Monica Fry and her boyfriend tried to park on Mill Street in Lincoln Park, Michigan, they unwittingly drove into a sinkhole left by the city when a water main broke under the street in February. Fry's car was left, literally, sticking half out of the road, with the hood submerged and the wheels in the air.
Fry incurred about $1,500.00 in damages and towing. However, when she tried to file an insurance claim, the insurance adjuster refused the claim saying Lincoln Park wasn't liable for the damage. When pressed for an explanation, City Manager Joseph Merucci said the city has "30 days to fix any problems in the street once we have been notified of it," 7 Action News reported.
According to people who live on the street, the city worked on the water main break in February, but never finished, leaving three cones around the hole to notify drivers of the sinkhole. During a hard rain, the cones had fallen into the sinkhole, leaving the dangerous sinkhole open to unsuspecting drivers.
Fry said she called the city to inform them on the danger to drivers on Mill Street, but residents reported that no barricades were placed. Later, ABC 7 Action News reporters went to city hall, after Fry contacted them regarding the situation. Within minutes, city workers placed more than 12 cones around the sinkhole as a barricade.
Reporters also turned to Alyson Oliver of the Oliver Law Group in Rochester, MI to find out if the city would be liable for the damage to Fry's vehicle. Alyson Oliver said, that while the city does have 30 days to repair a roadway issue after being notified, there are certain situations where the 30 days may not apply. Oliver further stated; "Even if it hadn't been 30 days, there is an argument that the city had constructive knowledge of the defect, because they had already fixed the problem once - they appear to simply have done a poor job doing so and failed to maintain their equipment surrounding the repair. The question then would be, did they have reasonable time to repair it?"
Though the city originally denied Fry's claim, the Michigan Municipal League, the city's insurance provider, reopened the claim after reporters contacted them with Fry's argument that the city did not need a 30-day notification regarding the sinkhole because they had caused it.
The Michigan Municipal League, the city's insurance provider, re-opened the claim and said that while it was within the law to deny the claim, it will pay for the damage to Fry's vehicle as a goodwill gesture.
Alyson Oliver of Oliver Law Group was happy to help ABC and Monica Fry in this situation. Alyson has been practicing law in the Michigan area for nearly 15 year and is a founding partner of the Oliver Law Group P.C. She is a diligent advocate for her clients and loves a victory for the underdog.
To find out more about the Oliver Law Group P.C. visit www.legalactionnow.com or call 1-(800) 939-7878
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