Elyria has nixed 19 ‘moral claims’ from potholes

ELYRIA — Some drivers are finding out that that the city isn’t opening its purse to reimburse them for damages inflicted on their vehicles by the pitted roads.

Nineteen people have filed moral claims since Jan. 1, asking Elyria to pay for damages potholes caused to their vehicles. Many of the claims state the damage suffered was the result of driving on state Route 57, the same highway the city is gearing up to give a $20 million facelift.

Yet city officials have denied every claim.

Kelvin Roberts, 44, of East Avenue, learned that last month when he received a letter from Assistant Law Director Honey Rothschild informing him that his claim for damages was denied. Roberts submitted a claim after he blew out his tire Feb. 21 at state Route 57 and Chestnut Ridge Road.

Roberts said he can recall the moment clearly.

He was heading to work about 6 a.m. when the front wheel of his 2001 Chrysler Sebring dipped into a deep pothole in the northbound lane of 57 near Chestnut Ridge Road.

The jolt shook the entire car, he said.

Within seconds, he could hear a loud hissing and the rumble of a flat tire.

“I really didn’t need that, as I was heading to work, but at least I would get some kind of reimbursement back from the city,” Roberts said.

Roberts said he slowly made it to the nearby Nick Abraham dealership, where a spare tire was put on. Later that day, at a cost of $185.53, he bought a new tire and rim from National Tire and Brake at Midway Mall.

However, in the letter Roberts received from Rothschild dated March 11, she said his claim was denied because it did not fit the criteria. Similar letters went out to others who filed claims.

“The city is responsible for damages only if it has actual or constructive knowledge of a defect and fails to correct the defect within a reasonable time,” the letter said. “The city had no prior knowledge of this pothole, but responded within a reasonable time and corrected the problem when they received notice.”

The Street Department patched the area where Roberts’ car was damaged the same day, the letter said.

Contact Lisa Roberson at 329-7121 or lroberson@chroniclet.com..

 

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