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achiro
1/23/2007, 11:33 AM
A lady was driving down a local road(dry and not icy) yesterday, she started to change lanes, lost control and hit a telephone pole. The accident did over $12,000 damage to her vehicle and she is really hurting today. Turns out a water main had broken and the water was frozen in the very spot that she was changing lanes.
She got a ticket for basically not being careful on a hazerdous road(not sure of the actual wording of the ticket).

My question is does she have a claim against the city? In the paper it says that they have had 28 water main breaks since Jan 12th.
Howzit
1/23/2007, 11:46 AM
yes?
Howzit
1/23/2007, 11:47 AM
No...no...D!

:les: I CHOOSE D!!!1
TexasSooner01
1/23/2007, 11:49 AM
yes...but most cities are real difficult to sue and most cities only cover 20/40 ins coverage...

Our firm has only had one of those....they suc
jk the sooner fan
1/23/2007, 12:00 PM
you can always file a claim against the city

whether they pay it or not is another story
Osce0la
1/23/2007, 12:11 PM
With the weather you guys have had, I think I'd be a little cautious anytime I am out on the road right now...
frankensooner
1/23/2007, 12:22 PM
She has to jump through the hoops of the Tort Claims act. The City would be immune to suit unless she follows it. I haven't been out in the meat and potatoes thick of practice in over 13 years, but it would be hard to win. She needs to win the ticket case too, it might have to go to trial.
Oldnslo
1/23/2007, 02:43 PM
Franken is right about the tort claims act. There's a notice requirement, too, and the statute of limitations on it is shorter than the usual car wreck SOL.

The limit of liability for this kind of action is either $125K or $175K, depending on the population of the county.

check out 51 O.S. 151 et seq
TexasLidig8r
1/23/2007, 03:59 PM
THE CROWN CAN DO NO WRONG...

Although there are exceptions to the learned and respected doctrine of sovereign immunity, for only 12K in property damages and some grunt and groan injuries, you aren't going to find many attorneys worth two shakes of a tinkers dam to fight this battle.
achiro
1/23/2007, 04:05 PM
THE CROWN CAN DO NO WRONG...

Although there are exceptions to the learned and respected doctrine of sovereign immunity, for only 12K in property damages and some grunt and groan injuries, you aren't going to find many attorneys worth two shakes of a tinkers dam to fight this battle.
So your saying you'll take the case?
StoopTroup
1/23/2007, 04:41 PM
I'd settle for free utilities for Life and they get the ticket dropped.
Okla-homey
1/23/2007, 04:46 PM
Tell this whiney woman to go away. Yesterday, we had a lady in Tulsa hit a pothole on one of our overpasses (we have lots because we have hills and stuff) ;) , and her SUV fllipped over the guardrail and fell 25' feet to the street below. She's still in the hospital.

I'm calling it the "Pothole of Death" (or at least the "Pothole of Serious Injury")
StoopTroup
1/23/2007, 04:49 PM
The road crews are in full force.

Everytime I drive by those folks I think...

SLOW DOWN PEOPLE ! ! !

THESE GUYS HAVE FAMILIES AT HOME.

Some of them are really trying to get the holes filled while idiots go driving by like they aren't even there...
Okla-homey
1/23/2007, 04:51 PM
The road crews are in full force.

Everytime I drive by those folks I think...

SLOW DOWN PEOPLE ! ! !

THESE GUYS HAVE FAMILIES AT HOME.

Some of them are really trying to get the holes filled while idiots go driving by like they aren't even there...

and those are the same poor fellers who did all the plowing. At least they're getting a lot of overtime.

I agree, slow down homies!
Hatfield
1/23/2007, 05:11 PM
ticket was probably speed to fast for conditions

i would fight the ticket since the conditions weren't what caused the wreck it was the broken water main.