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No Comments [ Add Comment ]Pleasant View money down manhole? / City spending thousands in court to fight $1,800 car bill
By TIM GURRISTEROGDEN -- State Farm Insurance and Pleasant View city are spending thousands of dollars to go to trial in an attempt to avoid paying a $1,800 car repair bill from an accident involving an open manhole.
The lawsuit was filed in 2nd District Court in Ogden by State Farm in April. This week, a one-day trial was set for Dec. 12.
Both sides have already spent easily more than $1,800 on the case, said State Farm's lawyer, Doug Simpson.
No injuries were suffered on Dec. 10, 2006, when the car hit the uncovered manhole near 3560 North and 750 West, wrecking a tire and wheel assemblage.
While expending more than $1,800 to recover from the city the money State Farm paid its policyholder for the accident may seem like overkill, Simpson said, "That's the client's decision to make.
"They (State Farm officials) feel they have no real choice. It's go to trial or write it off, but they feel the city is responsible.
"Our stance is, the city has a duty to maintain roads in safe condition, especially late at night. And this happened at midnight."
State Farm is seeking the amount of the bill, $1,851.73, plus interest and attorney's fees.
"Yes, it's $1,800 people are fighting over," is all David Church would say.
Church is the city's lawyer handling the case, paid by the city's liability insurance with the Utah League of Cities and Towns.
"It's nothing of any consequence in my mind," said Church, a Salt Lake City lawyer, as is Simpson.
City officials were not aware the case had been set for trial. The exact amount the city pays annually for liability insurance was not immediately known, except that it easily exceeds $1,800.
"I don't know what the exact reasoning is for going to a trial about such a small amount, but if it's about precedents, we have to defend our interests," said Tim Hjorten, a city councilman and mayor pro tem.
The suit also lists 10 John Doe and 10 unnamed agencies or corporations as defendants.
State Farm's Simpson said that's a routine practice to preserve the ability to list in the future any other parties found to have some liability in the manhole mishap.
He said, "I'm not at liberty to talk about my client's expenditures."
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