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Council denies motorists damage claim

Published on March 9th, 2010
Published on July 8th, 2010
George Macvicar

A female resident of Burin has requested the Town Council help pay for damages to her vehicle, after rocks slid off the side of Paul's Hill. Her request was refused.

Topics :
Town Council , Burin Council , Department of Transportation and Works , Marystown , Burin

A female resident of Burin has requested the Town Council help pay for damages to her vehicle, after rocks slid off the side of Paul's Hill. Her request was refused.

Kimm Duffney wrote in a letter to council she was returning home from Marystown Feb. 16 and to avoid an oncoming truck ended up striking one of the rocks, which had fallen onto the road.

She explained "a few really big rocks on the road were located where you could not see them until you got on top of them."

The end result was over $600 damage to her vehicle.

Ms. Duffney said she was a single mother and was having difficulty paying the repair bill.

"My car is my income because of my job being in Marystown."

She added with her high deductible on her car insurance, she felt it did not make sense to submit a claim.

Ms. Duffney suggested rocks fall from Paul's Hill "when there is a change in temperature or it rains.

"We all know it is an issue and a problem. I know there have been petitions in circulation, and articles in the (Southern Gazette) paper about this issue."

Coun. Shane Foote agreed it was an unfortunate situation for the woman, but "my concern is we will open up a can of worms (if we accept the claim)."

TRANSPORTATION DEPT. MEETING

The Burin Council had contacted the Department of Transportation and Works for a meeting in late January, to discuss the continuing danger of falling rocks at Paul's Hill.

Mayor Kevin Lundrigan said the meeting had been arranged to decide on a 'slope assessor review'. He said the town had an application into the department for work to be done, to make the hill safer for motorists and pedestrians.

Deputy-Mayor Everett Farwell said at the time he walked the section of the roadway from the old Appleby's Supermarket to Penney's Pond, and described it as "dangerous!

"The potential for falling rock is frightful. I want to advocate for a scaling of the hill now."

PROPER SIGNAGE

Both Mayor Lundrigan and Coun. Foote noted the hill has "appropriate signage marked with fluorescent paint" advising the motoring public of falling rocks in the area.

Director of Operations Troy Hollett pointed out "town workers were proactive in helping the woman get her car off the road."

Adding to council's stand, Town Clerk/Manager Beth Hanrahan said "The town's insurance (company) has said the town is not responsible."

Ms. Duffney stated in her letter to council "I was told that it was an 'Act of God', but to me that is something that happens only once in awhile.

"But we all know that there is a problem there that really needs to be taken care of before someone gets seriously hurt, which could have been myself with my boys in the car."

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