Wis. man has little recourse after highway mishap
FALL RIVER, Wis. (AP) — A Wisconsin man who was blinded in one eye after a chunk of concrete flew through his windshield last spring isn’t finding many avenues for recourse.
That’s because of the state’s “pothole-liability law,” which took effect two weeks earlier. The law makes it harder for drivers to sue local governments for most damages or injuries resulting from highway defects, according to a Capital Times report.
If Kevin Droz, 51, had been injured before the law went into effect he could have filed a claim for up to $50,000. But the accident happened 13 days afterward, leaving him with substantially fewer options. A $50,000 award is “still peanuts but it’s something,” Droz said. “My medical bills are well beyond that amount now.”
The law was pushed by two Republican lawmakers: state Sen. Glenn Grothman of West Bend and state Rep. Andre Jacque of De Pere. Neither returned messages left Friday by the newspaper, but Jacque’s website said the $50,000 would be better spent fixing roads than enriching trial lawyers.
He called the measure “a basic fairness issue.” He said on his website that most drivers leave the scene, making it difficult to connect any damage to a specific road defect. He also said the measure wouldn’t apply to instances of “egregious negligence” such as a bridge failure.
Droz isn’t exactly sure what happened in his case. He does know he was driving April 17 when a softball-size piece of concrete crashed through his windshield, hitting him in the head and opening a deep gash in the left side of his head.
Jan 28, 2013 at 6:16 a.m.
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Wouldn't his medical insurance pay for this? Just asking. I agree about not giving the money to trial lawyers. I've gotten flat tires in my compact car from pot holes but I figured I should have driven around them. I didn't think about suing the city.
Jan 27, 2013 at 3:49 p.m.
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Was it DOT money that Walker used to pay back Minn.?
Jan 27, 2013 at 3:49 p.m.
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Oh, there are always options...
Jan 27, 2013 at 3:26 p.m.
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And again an average citizen falls victim to Scott Walker's austerity measures.
"According to former Legislative Associate Doug Parrott of the Wisconsin Counties Association, 50 of the 74 Wisconsin counties reporting data to the association shelled out roughly $1 million in expenses and claims the last 10 years because of highway defects.
“That’s not a lot of money in the grand scheme of things, but it’s enough to raise premiums,” Parrott told lawmakers. “In these lean times, every penny counts.”"
We gave away to much cash and tax breaks. Now we don't have the money to fix the roads and pay municipality's insurance premiums. If you get hurt on them because they are in disrepair you don't have any recourse for compensation.
Jan 27, 2013 at 12:08 p.m.
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I would LOVE to hear the responses of Grothman and DePere if THEIR eyes were gouged out. Not sure who to blame, though: The soul-less reps, or the morons who keep voting them into office.
Jan 27, 2013 at 8:07 a.m.
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This sucks....
And yet an ~+80 year old woman was able to sue McDonald's for spilling hot coffee on herself.
(I know that was some years ago, but that crap still goes on)
Jan 27, 2013 at 7:12 a.m.
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It Figures ---> "The law was pushed by two REPUBLICAN LAWMAKERS...GROTHMAN and JACQUE"
Jan 27, 2013 at 2:31 a.m.
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back in the early 90 I has a Janesville snowplow make a left hand turn from the right hand lane. 3 surgies later I can use the hand but nerves are gone, I hope this man get what he deserves not a McDonald giveaway, sue a city or state and you are screwed a jury will never vote in his favor when the DA points out a ruling will raise your taxes
Jan 27, 2013 at 12:43 a.m.
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The highway and road builders really need a quality control department or someone to audit the work... I see a lot of times roads around Janesville are "fixed" and the road is rougher than it was prior. Example would be Pearl St. in between Laurel ave and Mineral Pt. Im still in awe at the repair work they did. And im sure they were paid to do it.
Jan 26, 2013 at 11:35 p.m.
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bet if it was 1 of them the ending would be alot different.
Jan 26, 2013 at 10:33 p.m.
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How awful and I hope he can Grandfather it in as it was only two weeks ago it was made law.
That’s because of the state’s “pothole-liability law,” which took effect two weeks earlier. The law makes it harder for drivers to sue local governments for most damages or injuries resulting from highway defects, according to a Capital Times report. And I wonder who is behind this law... Taxes raised and Registration Fees and anything else they can raise I thought some of this was to have better highways and roads., Well then REPAIR THEM
Jan 26, 2013 at 10:29 p.m.
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Quote, "The law was pushed by two Republican lawmakers: state Sen. Glenn Grothman of West Bend and state Rep. Andre Jacque of De Pere."
Nuff said.
Jan 26, 2013 at 9:32 p.m.
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This is just terrible.
People think you can put on your seatbelt and drive down the road at the speed limit and you're mostly safe..........You're not.
I've hit a low overhead wire with my windshield(nothing happened just huge WHAP!!)
I had a short wood piece of 4by4 thrown all the way across a freeway after a car hit it just right that went by about 6 feet from my windshield....Other people have had MANY more things than that happen.
Jan 26, 2013 at 9:26 p.m.
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Sad situation ! I hope he gets what he deserves ! He surely did not deserve to lose his eye ,that's for sure.
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