MANSFIELD — Some left Mansfield council chambers disgruntled Tuesday night after their pothole claims were denied by the claims committee.

Chaired by At-Large Councilman Cliff Mears, the claims committee heard six pothole claims, each of which were rejected. The claims were submitted by those who said they suffered damage to their vehicle as a result of striking potholes in the city. Two of the claimants reported paying over $1,000 in repairs. 

The locations of the potholes included Cook Road, near Mansfield Restaurant; Trimble Road, near the UMADAOP building; U.S. 30 westbound near the Ohio 39 exit; and Trimble Road, between Park Avenue West and West Fourth Street. 

Mears said he empathizes with the motorists’ situations.

“We get it,” Mears said. “It’s an expense, a huge inconvenience. But on the other hand, we’re doing everything we possibly can, given the weather conditions that we’ve had, to ensure that our citizens are driving on safe, pothole-free roads.”

Mears said they judge each claim on a case-by-case basis.

“If the city doesn’t know about these potholes, we can’t send a crew out,” he said. “But when our crews know about it, they are responsive.

“It’s difficult for us to prevent all potholes from occurring because of the weather conditions that we have.”

Fourth Ward Councilman Butch Jefferson, a member of the claims committee, encouraged folks to be defensive drivers. 

“Potholes are out there,” he said. “I’m looking for them this time of year and dodging them the best I can.”

Mear said he’s spent a lot of time talking to the Street Department crews and supervisor. They totaled the number of pothole work orders that the city has issued and since Jan. 1, there have been 1,068 work orders.

“Each work order is for multiple potholes,” Mears noted.  

At a previous claims committee meeting, the committee heard for the second time a claim submitted by Sherry Branham of Ontario, who hit a pothole while driving on Trimble Road, between Marion Avenue and Cook Road.

She was driving her 2013 Lincoln MKZ on a rainy Monday morning, Jan. 23 at about 11:30 a.m. when she struck a pothole that was full of water. As a result of the damage, her tire and wheel had to be replaced and it also necessitated an alignment, which cost $1,485.96. This amount represents the value of her claim that she submitted to the claims committee for consideration.

The vehicle was not drivable after the incident, but she did not seek compensation for the tow.

Claims committee members previously chose to deny her claim. They were asked to review the claim for a second time March 21 at the request of the law department, according to Mears. 

“Rehearing a claim that’s been denied, at least in my experience, is very unusual,” Mears said.

Branham hoped that the committee would be willing to pay half of what she’s paid since the incident.

“After reviewing the full amount of the cost to me, it’s $2,224.91, and I would agree to take 50 percent of that and call it even,” she said.

The Street Department said crews have patched Trimble Road several times around the time of Branham’s incident, Law Director John Spon said.

“We really didn’t have a record of this being called in prior to the incident,” Mears said of Branham’s claim. “What we uncovered were some more work orders in that area.”

Branham said the pothole, which was said to have been filled on Jan. 25, is open again.

“Our crews are working six and seven days a week,” Mears said. “I really think they are doing their level best to do what they can.”

In reference to the additional work orders, Mears stated, “To me, that reinforces the fact that we’re out there and we’re responding, and even if it wasn’t in that exact location, we’re patching as soon we find out about them.”

Fifth Ward Councilman Jason Lawrence, vice chair of the claims committee, asked Branham why she didn’t file a claim with her insurance, seeing that she has a $500 deductible.

Based on a conversation with her insurance agent, she discovered that it would have cost her more in the long run.

“It would have been $500 and my insurance would have gone up,” she said.

Mears said the city is not an insurance company.

“The city’s not designed to take the place of an insurance company,” he said. “I can’t in good conscience take money from plumbers and house painters and waitresses to pay your full claim.”

“I’m one of those people,” she interjected. “And I’ve paid my taxes for 24 years.”

Jefferson asked, “Do you feel that because what happened to you is the city’s responsibility, as we make every effort to patch every hole? Don’t we as drivers assume some responsibility?”

She responded, “Knowing that there are issues with potholes within the city and knowing that cold patch doesn’t work, there needs to be an alternative on managing those potholes.”

Branham said she met with an attorney.

“Based on statute, I have rights that do give me the opportunity to recoup my money in its entirety and it’s going cost the city additional money to end up in court, but that’s what I’m willing to do on principle,” she said. “It’s not just me that’s dealing with these issues.”

Lawrence made a motion to pay her deductible of $500, which was seconded by Jefferson.

Branham said she’d confer with her attorney.

Mansfield council voted to approve partial payment of her claim in the amount of $500 at its meeting April 4.  The measure passed 8-0.Â