Town of Oxford fighting lawsuit for cost of tire repair

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.