Complaint Review:
Henry W Bergman
This
occurred on 9/23/10. We filed a police report with the Henry County Sheriff.We
were on county road P and turned onto county road 3A which is a road leading to
our home.We saw two big trucks,which were taking up the whole road coming in
our direction. We moved our car off the road into the grassy ditch,to allow
them to pass.They continued past us and then we went back onto the road and
continued home. We went out to take a walk later and noticed the tar like
substance all over our car. We called the Henry County Sheriff and they came
out and took a report. I called A Damascus TWP.
Trustee,to find out who the
company was that did the road work.He said he would have to call me back. He
called me back and said the company who
got the contract was: Henry W. Bergman Inc.,who's business was located at 218 E. 9th St. in Genoa. I called my
insurance company which is Progressive Insurance.They had me take the car to
one of their approved shops,which was Batt&Stevens,located at 7959
Independence Rd. Defiance Ohio 43512. A
adjuster from Progressive went to look at the car and called me with an
estimate of $777.88. Progressive would pay $277.88 and I would have to pay my
deductible of $500.00. I told them to go ahead with the repairs.I called the
Damascus TWP.
Trustee,which I talked to earlier and gave him the details. He
said he spoke to the owner of the company and that they would take care of this
problem. On 10/29/10 our car repair was finished and we went to pick up our
car. After I had talked to the Trustee I thought Henry W. Bergman would have
taken care of the bill,but they had not. I paid my $500.00 deductable to
Batt&Stevens and took my car home. Well on 10/1/10 we got a letter from
their insurance company,State Auto which said after their investigation they
found their insured(Henry W. Bergman) was not at fault. I called State Auto and
asked how their insured was not at fault. She said she spoke to the two drivers
and they told her they were waving their arms for us to turn around. If they
did,we did not see them do this,and like I said we pulled off the road into the
grass and stopped while they continued to com towards us and then they passed
us.
We had our windows down and sunroof open and they said nothing as they
passed us.On the Arrive Alive website I found an article on Negligence by a
road construction company and vehicle damage. It says:"In our law a
person(including a legal person such as a construction company) is judged to be
negligent where:He should reasonably have forseen the possibility that the
occurrence of the consequence or the existence of the circumstance in
question;and He should reasonably have guarded against that possibilty;and He
failed to take the steps which he should reasonably have taken to guard against
this" "Construction companies operating in the field of road
construction will be deemed as experts in their area of activity."
They
will be aware of vehicle paint damage from tar and other road construction
liquids. They are expected to guard against these consequences.The courts will
measure the conduct of the construction company to a reasonable standard-that
of other construction companies in the same position.If another construction
company would have foreseen the possibility of the consequence occurring-and
have taken steps to avoid the consequence, then the failure to do so would be
deemed to have been negligent.I fell that there should have been signs of some
type put up and the road should have been closed while they working. When they
were done with the road, it was left open with the fresh asphalt mixture to
cure and dry as vehicles continued to use the road.The company owes me $595.85
And Progressive Insurance 277.88.
6 Updates & Rebuttals
Bruce
McClure,Ohio,
USA
still wronged
#7Author of original report
Mon, August 20, 2012
company has made no attempt to settle and pay for their error
Bruce
McClure,Ohio,
United States of America
Henry Bergman employees(some) lie under oath
#7Author of original report
Mon, February 27, 2012
I am still upset that Henry Bergman has not paid to repair our car due to Negligence by their employees. Their employee under oath in court said they had barricaids up and that we drove around them. We even had a witness state there were no baricaides up.
Bruce
McClure,Ohio,
United States of America
Judge ruled wrong
#7Author of original report
Sun, February 05, 2012
We live in a rural area.We were driving home and turned left down the road which would take us home.3/10 of a mile down the road we saw what we thought was farm machinery,which is common taking up the road. We pulled off the road onto the grass and stopped.The trucks turned out to be spraying tar on the road.They passed us and sprayed our car.We then got on the freshly tarred road to continue home.When we got home we saw all the tar on our car and called the sheriff and made a report.We took our car to a body shop and with a rental we payed about $600.00.
The road had no barricades nor signs warning of the road closure and we even had a witness (who was the daughter of the clerk of the township)saying in small claims court that there were no barricades or signs. The company had their attorney represent them in small claims court and one of their workers,who said they had barricades up and made eye contact with both of us in the car and motioned for us to turn around. We lost the case because the Judge said we should have realized what they were doing and should have turned around. I feel like this was an open and shut case,that we would win.All we wanted was the money back that we had to pay to get the tar removed,rental car,court and witness costs. Now to appeal we are told we need an attorney. We are both disabled and can not afford an attorney,so this big company is going to squash the little guy.We do not know if the township can be held liable for not seeing that signs were not placed.This has caused a significant amount of stress which is not good for our disability and now would like to get all I can from the company and restore my faith in the judicial system.
We had a witness who did not know me,stating thgere were no signs or baricades up,which makes the company neglegient by not following the uniform guide for temporary traffic control.Again we were stopped and they did not have to continue past us causing the damage,if they hyad placed proper signs up we would never have been in danger on that road.I have talked to ODOT and the township had a contract with the company saying they were insured for any damages caused.
Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant's negligent conduct was the cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged.
Do I have a valid legitimate appeal. The contractor who is conducing the operations on the public way has a duty to act in a reasonably prudent fashion. This would include a duty to protect vehicles from over-spray.
Henry Bergman you have to live with this
Bruce
McClure,Ohio,
United States of America
Justice still not served yet.
#7Author of original report
Sun, February 20, 2011
Well our insurance co. lost in arbitration so now we will have to take this another step forward.I am amazed that they did not just settle this in the beginning,so they did not have to be exposed in this manner. Again I say, it did not have to come to this.
Bruce
McClure,Ohio,
United States of America
Henry W. Bergman finally answered BBB after 3 requests
#7Author of original report
Tue, November 23, 2010
After three requests,the company finally answered the BBB.
Their report was inaccurate,and I have witnesses to prove my side,that they did not have cones present where we turned onto 3A.
Bruce
McClure,Ohio,
United States of America
It did not have to come to this
#7Author of original report
Tue, November 16, 2010
My insurance company has found Henry W Bergman 100% at fault.
Henry W
Bergmans(of Genoa,Ohio) insurance company finds us at 100% fault. I called their
adjuster and asked how we are 100% at fault.She said she spoke to the
company's drivers and they told her as we were approaching them,they
waved their arms from inside the truck for us to turn around. Sounds
good,except,we pulled off the road and parked in the grass. It was they
who passed us as we were stopped and sprayed us. They could have stopped
their trucks and come tell us what they were doing,and we needed to
turn around. They did not do that,but continued passing us as we were
parked and spraying our car. Besides,to start with,they were
negligent,by not having any signs,cones,or foreseeing this could
have happened,and did nothing to prevent it. If they would have just settled
with us,as they were given the chance,but chose not to. I think that was
a very bad business decision. This report would not have occurred. Also
they failed twice to not respond to the BBB. Enough said, now with what
they have put us through, for months,I felt this report was needed.