Interstate 69 pothole damage claims denied

Seth Slabaugh | The Star Press

DALEVILLE, Ind. — Dozens of claims filed by motorists whose cars were damaged on a tire-busting stretch of Interstate 69 last winter have been denied.

Scores of other motorists whose vehicles sustained damage on the notorious 15-mile segment never bothered to file claims, which would have been a waste of time anyway, as it turns out.

The claimants say the state identified the responsible party as highway contractor Walsh Construction/Rieth Riley, which has declined to take the blame.

"The entire process has been frustrating and at this point a lost cause," said Evan Staton, who recalls seeing at least three other disabled cars on the side of the road on the day one of his front tires was flattened.

After installing a spare tire, Staton drove to a nearby Walmart to get a new tire for the trip back to Fort Wayne. His normal two-hour drive home from Indianapolis took about five hours that day.

Nathan Garrett, parts manager at an Anderson Chevrolet dealership, said that "basically they just kept passing the blame around and no one would take responsibility and take care of the cost I incurred from their horrible roads. I think it's wrong that they didn't take care of this."

He lost the use of his car for nearly a week last February after hitting a large pothole in a construction zone.

Steve Rousseau told The Star Press last month that he got the runaround from the state but felt blessed that no one in his family was hurt. His car sustained more than $500 in damage.

"I filed the claim, it was denied," said Chris Polo. "The experience cost me money, a beat-up car, and delays in my daily commute."

A commuter from Fishers to his job as a chef at Muncie Community Schools, Polo was heading home on a late Friday afternoon, Dec. 14. It was dark and he couldn't see the potholes. His car started shaking after he hit one.

Individual damage claims from at least 40 motorists ranged from hundreds of dollars to more than $1,000.

►RELATED: Potholes flattened I-69 commuter's tires twice in one day

Melissa Geyer, from Antwerp, Ohio, struck a pothole while traveling to her uncle's for a Christmas celebration on Dec. 16. She had her car towed to the Anderson Walmart, where a new tire was installed. But before she had left the Walmart parking lot, the car began making a grinding noise due to a misaligned front end. Total repairs exceeded $1,200.

The Indiana attorney general sent Geyer a letter dated July 25, advising her the claim was turned over to Walsh, which sent her a letter denying the claim three months later on grounds that "they felt they were not negligent."

"I, however, do not know how anyone could ever state that this stretch of I-69 … was being reasonably maintained … " Geyer told The Star Press. "No one comes out with over $1,000 damage to their vehicle on a reasonably maintained road. Very disappointed that no one wants to step forward and take responsibility for their negligence."

►PREVIOUS COVERAGE: I-69 pothole victims speak out, seek damages

In a letter to claimants, Walsh Construction representative Chad Burgess wrote that the contractor was paid by the state multiple times between April 19, 2018, and Sept. 30, 2019, for pothole patching on the controversial segment of I-69.

"Contractor has performed at the direction of INDOT (Indiana Department of Transportation) special maintenance; including pothole patching," Burgess wrote. "...Contractor is meeting expectations that can be reasonably expected for maintaining a deteriorating roadway.

"Our investigation revealed no negligence on the part of the Contractor. Pursuant to INDOT Standard Specification 107.17 Contractor has not been negligent; all activities, including but not limited to pothole repairs and maintenance, are completed as directed, scheduled, or notified, and within a reasonable amount of time."

According to the Indiana attorney general's office, a reasonable amount of time to make pothole repairs depends on the weather, the number of complaints, holidays and other factors.

The potholes made an already dangerous route — due to construction zones — even more hazardous.

From Oct. 1, 2018, through Feb. 28, there were 186 crashes, resulting in 25 injuries and one death, on the pothole-ridden stretch of I-69 between mile markers 219 (Pendleton) and 234 (Daleville).

State police said a lot of factors went into the crashes, including speed, weather, traffic and road conditions.

During the worst of pothole season, the interstate appeared to be unsafe at any speed, however. One motorist, for example, experienced a flat tire and joined two other disabled motorists on the shoulder of the highway on Feb. 7, when a state police-led rolling slowdown kept traffic moving at only 40 mph.

Motorists compared that area of I-69 last winter to a "crater-filled" war zone littered with disabled vehicles, hubcaps, tire tread and other debris.

A $79 million rehabilitation and widening of that highway segment remains ongoing. INDOT did not return email and voice mail messages seeking comment for this article, including an update on the status of the project.

Contact Seth Slabaugh at 765-213-5834 or seths@muncie.gannett.com