Topic: Intimidation in Ohio
Lynann's photo
Sat 05/23/09 07:45 PM
Okay folks...I hesitate to ask others to write letters or to help but sometimes I see these small abuses that really make me mad.

If any reading is mad about this please let the State of Ohio know.

Pics and video at: http://www.wcpo.com/news/local/story/Man-Gets-Flat-Tire-State-Threatens-Foreclosure/Tewa5WHxWU6_vbRk0nJfCQ.cspx

FAYETTEVILLE, Ohio -- A broken road reflector cost Paul Holden the price a new tire, and now it could cost him his home.

That's the threat from the Ohio Attorney General if Holden doesn't pay another $24.66 the state says it spent investigating his claim for the flat tire.

The saga began nearly a year and a half ago on January 28, 2008 when Holden hit a six-pound metal road reflector protruding from the pavement on Ohio Route 286. "My truck just jumped in the air," says Holden. "The road reflector hit about the center of the tire and ripped a hole about three inches long."

Holden did what any good citizen would do; he called the county to report the problem so others could avoid a similar fate.

Holden told the county, "there was about eight or ten of them missing in that same area, and I just wanted to report it. And when I called to report it, they suggested that I could file a claim."

The State of Ohio charges $25.00 to file such a claim, and you can get that amount refunded if the claim is approved. Holden spent $89.00 replacing the flat tire, so he decided to roll the dice and file a claim with the state.

Officials responded with detailed reports and road inspection logs showing that crews checked Route 286 at least every two weeks. Because Holden could not prove how long the reflector was dislodged before he hit it, the state said it was not responsible.

Holden could have filed an appeal, but he decided to cut his losses with the $25.00 filing fee and the cost of the replacement tire.

Then more bills started coming from the state. The first was for an additional $22.00 for the state's investigation. Ohio officials were even charging Holden more than $6.00 in postage for letters they sent to him, including the bills.

Each subsequent bill added more fees, and a few cents in interest. Holden decided not to pay the bills because he'd figured -- as the victim -- he'd already paid enough.

The final notice came from Ohio's Attorney General demanding full payment within seven days, or the state would go after his "wages and bank accounts." The letter also said, "a sheriff's sale of your personal property may be held, and a foreclosure action against any real estate owned by you may be initiated."

Holden was amazed the state was threatening to seize his farmhouse over a $24.66 bill, but he took that threat seriously.

"When you get a letter from the Attorney General stating that they're going to auction off your property until the dollar amount was paid," he says, "it sure seems real to me."

We contacted both the Ohio Attorney General's office, and the Ohio Department of Transportation, but neither has responded to our requests for comment.

Holden paid the bill a few days before the letter from the AG's office arrived, so this should be the end of his ordeal.

Meanwhile, the state recently repaved the section Route 286 where Holden's tire was damaged. Surprisingly, they installed the very same steel reflectors that have caused serious injuries to dozens of people across the nation.

The state may not have learned its lesson, but Holden says he has learned his.

"Don't file a claim unless you've got some good high-powered lawyers behind you," says Holden, "because as the little guy, you're just out of luck."

http://www.wcpo.com/news/local/story/Man-Gets-Flat-Tire-State-Threatens-Foreclosure/Tewa5WHxWU6_vbRk0nJfCQ.cspx

Winx's photo
Sat 05/23/09 07:52 PM
shocked :angry:

malexand's photo
Mon 05/25/09 05:29 AM
I live 11 miles from Fayetteville and have driven down half of 286's 15 mile total length. Some of the roads are very narrow around here, but I have never seen road reflectors placed in the pavement. Since his claim was turned down, it makes me think he might have taken an off-road excursion.

How thin are the roads around here? In the last 3 years I've seen 4 tractors/trailers, 2 box trucks and 2 cars roll off the side of road. All within 1 mile of me on the state route I live on.

The last one happened last week right across the road from me. What was he carrying?

Rollercoaster parts!

Thoughtfulthug's photo
Mon 05/25/09 01:29 PM
"Don't file a claim unless you've got some good high-powered lawyers behind you," says Holden, "because as the little guy, you're just out of luck."



To me, that is pretty much self-referential. The reason is better to have an attorney to handle such matters is because they know what to do to get the claim processed forward. You don't need a "high-powered" lawyer (which is a misleading term since "high-powered lawyer" typically denote "high paying corporate lawyer"). You can easily get a small town lawyer. The price isn't that high to win a claim.

Lynann's photo
Mon 05/25/09 02:38 PM
Thanks for the local info malexand.

I think if you follow the link you will see some pictures of the reflectors he alleges damaged his car.

What followed was certainly intimidation and is pretty sickening in my opinion.

malexand's photo
Tue 05/26/09 04:12 PM
I'm sorry Lynann, I didn't realize it was a center road reflector. And yes it should have been covered by the state. The next time I call on an ODOT (Ohio Department of Transportation) customer I will ask them about this. Tomorrow, as a matter of fact.

I see crews removing (before repaving), and installing (after repaving) these reflectors all the time and they are not state workers. Maybe Holden should've sued them instead.

If so, I will contact him and let him know.

Thanks.