Everyone hates potholes. They appear almost everywhere and are a huge headache to worry about on the roads. As for one BC driver, they were looking to get some payback for damages caused by these potholes.
A BC man filed a bid to the B.C.’s Civil Resolution Tribunal to reclaim $3,000 in expenses for potholes on Highway 99. The BC driver was looking to get the expenses covered by the contracting company responsible for repairing the potholes.
According to documents, the applicant, Tim Brumby, says the respondent, Mainroad Lower Mainland Contracting Ltd., was negligent in preventing and repairing potholes on the highway.
He claims a total of $3,000: $1,525 for the cost of towing his car, replacing the tires and repairing the rims, and $1,475 for his time and the loss of use of his car during repairs.
Tribunal member Sarah Orr stated that “the applicant has not established that the respondent was negligent in preventing or failing to repair the pothole that he hit”.
Orr also said that “during the winter months at the tunnel entrances hydrostatic water pressure pushes through layers of concrete and asphalt”.
As a result, “the freeze-thaw cycle combined with heavy traffic causes conditions in which potholes can form within minutes”.
Tim Brumby did not prove his claim and as a result, it was dismissed.
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