Jun 21 2009 by Mr Justice, Sunday Sun
FURIOUS driver Brian Hegarty wants his local council to pay for repairs after his car was damaged on a bad road.
That sort of thing happens every day so why does Brian think he has a chance?
Because he had already reported the state of the road to Durham County Council, and the council accept it could be in a better condition.
Brian said he was driving along Morley Crescent Bank, Kelloe, when he hit a pothole.
The accident meant he had to spend £91 to repair his suspension.
Brian, a resident of the village, said: “I want the council to reimburse the cost of repairs. The reason I made a claim is because I reported the same road back in September 2008 but it is still in a terrible state.
“I have 350 witnesses who will state the road is not in a good condition.”
These witnesses are local people who have signed a petition saying the road needs to be improved. The council admit temporary repairs were carried out but they are not felt to be adequate by residents.
A letter to Brian from the assistant chief executive's office could not be more clear.
It said: “It is accepted the condition of Morley Crescent Bank has significantly deteriorated over the last 12 months and it has been recognised as in need of repair.
“In the meantime, temporary repairs have been undertaken to ensure the road is maintained in a safe condition.
“While these repairs may have resulted in Morley Crescent Bank looking unattractive and is considered by residents to be inadequate, they have ensured the road is considered safe until such time as resurfacing work is completed.”
Work is scheduled for the summer but the council claim it will be hard to programme because of the location.
A spokesman for the council said the case had been passed to their insurance company.
I was told: “While we cannot discuss individual claims, we are aware of Mr Hegarty’s claim, which we have passed to our insurers.
“We maintain more than 3700km of road and therefore receive numerous requests to undertake repairs, such as that from Mr Hegarty.
“All requests are inspected and repairs are carried out in order of priority.”
Sounds to me as if Morley Crescent Bank should be high on that order of priority.