Town of Ox­ford fight­ing law­suit for cost of tire re­pair

Truro Daily News - - NEWS - SALTWIRE NET­WORK

Do­minic Ly­s­ionek won­ders how much it will cost the peo­ple of Ox­ford to fix his tire

Ly­s­ionek filed a small claims suit against the town this sum­mer after he says his car hit a pot­hole con­cealed by wa­ter, ru­in­ing the rub­ber of one wheel.

In late Jan­uary, Ly­s­ionek says he was mak­ing his way home to Springhill as he ap­proached the in­ter­sec­tion of Wa­ter Street and Main.

He knew there was a pot­hole and rough road­work but melt wa­ter made it im­pos­si­ble to tell where the worst of it was. His tire hit the pot­hole and ren­dered it use­less.

“You pic­ture out on a dark night, four or five inches of wa­ter spread out across to the side of the road. It’s im­pos­si­ble to see a pot­hole,” Ly­s­ionek said. “I knew the pot­hole was there, but I could not see it.”

With­out any sig­nage warn­ing of the pot­hole’s ap­prox­i­mate lo­ca­tion, Ly­s­ionek feels the Town of Ox­ford owes him for the cost of re­pair, which in­cluded an en­vi­ron­men­tal fee plus tax. All to­taled, it was $271.

“This is the only rea­son I am fil­ing that. I know I didn’t have any op­por­tu­nity to avoid it. They have known about that is­sue for years and haven’t done any­thing about it.”

Ly­s­ionek said even a sim­ple road sign warn­ing of the dan­ger would have ab­solved the town of its li­a­bil­i­ties.

After ap­proach­ing the town with the cost of re­pair, Ly­s­ionek was de­ferred from Mayor Tr­ish Ste­wart’s of­fice to the Chief Ad­min­is­tra­tive Of­fi­cer be­fore be­ing told they would not pay for the re­pair.

Frus­trated, Ly­s­ionek took his $271 bill to small claims court, first nam­ing the mayor and CAO as de­fen­dants, but after the town’s lawyer ob­jected, Ly­s­ionek agreed to pro­ceed against the Town of Ox­ford it­self.

Since then, it’s been back and forth to small claims pro­ceed­ings and Ly­s­ionek says the time and mileage for each trip he makes is be­ing added to what he is seek­ing from the town.

To date, that’s now $808.75, but doesn’t in­clude the le­gal fees the Town of Ox­ford is pay­ing.

After fil­ing his claim, Ly­s­ionek said he of­fered to set­tle for the cost of the tire and the $99 to reg­is­ter his claim, but the town re­fused.

Town of Ox­ford CAO Darrell White said he could not pro­vide com­ment on the suit while it is be­fore the courts.

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