The Illinois Department of Transportation denied my request for reimbursement for repairs due to potholes in the street of Illinois. The reasoning used for this decision predicates itself on Illinois case law. Again, the Illinois Courts are legislating from the bench.
Update: July 2, 2006
Response letters from the Illinois Department of Transportation are copied verbatim in the comment section of this writing.
July 1, 2006
Mr. Rod R. Blagojevich Governor of Illinois
Office of the Governor
207 State House
Springfield, Illinois 62706
Re: Illinois Department of Transportation – File # 721699
Mr. Governor:
On January 11, 2006 I wrote a letter to Mr. Timothy W. Martin, Illinois Secretary of Department of Transportation (IDOT), about damage to my car tire on an Illinois street (pothole).
On May 7, 2006 I wrote you about this claim and the denial of reimbursement. Mr. Martin assigned Mr. James E. Sterr, IDOT Chief Bureau of Claims. Mr. Governor, how can an entity investigate itself? You have put in place the Office of Inspector General for such a task. Mr. Sterr wrote a letter to me stating, in part, “…The Department is permitted to pay claims where it is deemed negligent and a legal liability exists. The amount of claim is not a determining factor as to liability or compensability. The Department utilizes liability guidelines as established by cases before the Illinois Court of Claims…Ms. Ridge’s letter explained the legal reasons why a denial was proper. On or about January 10, 2006 you completed and submitted a claim form to our Schaumburg office. That office reviewed highway incident reports for thirty (30) days prior to the alleged incident. There were no prior reports of potholes or any other defects at 95th and Stoney Island.”
Why does this department have to be negligent or legally liable to reimburse a taxpayer for damage to their vehicle? Negligence and legal liability should not be the barometer for damage to a taxpayer’s vehicle. The department had nothing to do with the pothole being in the street. What are the social policy implications of this approach toward liability? We all know our courts are legislating from the bench.
Therefore, the amount of the claim should be a determining factor whether a case is deemed necessary for court action. The court cost alone would be more than the liability. This department leaves a taxpayer and constituent with no means of recovery. Taking it to court would defeat the purpose of a $64.30 charge. What does my case have to do with other incidents reported? Why didn’t the Schaumburg office look back 6 months? There have been tremendous potholes at this location for years. Some people do not know how to complain. People just go on with their lives letting people like Martin and Sterr continue to oppress and suppress people. This is a crazy decision.
Your constituents need to know how you are running your office. Hopefully, someone who lives in the area will view my website and pass the word on to beware of Governor Blagojevich and his department heads in November. We need to elect someone different until they get it right. You cannot continue to oppress a people. This pothole is in the “black” neighborhood. I talked to a “white” person at Pepboys where I replaced my tire. He informed me he was reimbursed for his tire repair when he reported it. This is really how Illinois politics works, if I am white I am right.
Governor, this is ludicrous. What does this mean? Why does this absolve the State of Illinois their reasonable responsibility? We are talking about $64.30. If the State of Illinois is not liable because your department deems there is no negligence or legal liability, then the voters of Illinois need to know how you “really” operate. This may be why the Feds are in your house.
A Federal investigation appears to be appropriate because not only does this department operate in a nefarious fashion you also have other departments operating from a tyrannical and despotic perspective. It may be because of nepotism. Who knows? There needs to be a change in November. This office is terrible. This is not just happening to me. I just happen to be a social policy analyst. The issues I am addressing with your office are real and are happening everyday, all day. It is not going to stop because you are not going to stop it. You talk a good game but your players are not good.
Nepotism is the rule of the day. Mr. Sterr is not going to rule against Ms. Ridge. Who is Mr. Sterr related too? Who is Ms. Ridge related too? I will take this issue to another level of investigation. You claim to have an entity in place to investigate your government’s actions. Why didn’t Secretary Martin request the Office of Inspector General to investigate? May be Mr. Martin said to himself, “oh, it just $64.30. Let’s just take it away from the “black” man. He doesn’t deserve anything anyway.”
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
cc: Timothy Martin,.Secretary of IDOT James Sterr, Chief Bureau of Claims http://clickforjusticeandequality.blogspot.com/
Update: June 11, 2006
On or about June 9, 2006 I received a reply letter from the Illinois Department of Transportation (IDOT). The reply is posted in the comment section of this writing. IDOT sent Governor Blagojevich a copy of this response.
Update:
Illinois Governor Rod Blagojevich's Department of Transportation uses litigation jargon to resist liability of $64.30 for damage to Illinois resident automobile. Illinois resident automobile damaged when hitting potholes in the street of Illinois. Please see posting for May 6, 2006 regarding details of the automobile accident and pothole damage. This letter is dated January 11, 2006 to the Illinois Department of Transportation.
I received a response letter on May 3, 2006 from Ms. Christine Ridge, Region #1 Litigation Respresentative of the Illinois Department of Transportation, which is posted verbatim in the comment section. Governor Blagojevich is attempting re-election in Illinois.
You the public must determine if you want to re-elect a Governor who permits his department heads to act in the manner stated in the comment section of this writing. We pay taxes for road repairs. Must we also pay for repairs to our cars when we hit the potholes in the street of Illinois. We also pay the salaries of the people who fixed the potholes.
Where is the money really going? It seems the Illinois Department of Transportation needs the $64.30 requested for the repairs to my car. I submitted all the paperwork with repair documentation to the Illinois Department of Transportation.
May 7, 2006
Mr. Rod R. Blagojevich
Governor of Illinois
Office of the Governor
207 State House
Springfield, Illinois 62706
Re: Illinois Department of Transportation – File # 721699
Mr. Governor:
I, Fred L Nance Jr., am writing this letter respectfully requesting your office intervene in this matter. I wrote a letter to Mr. Timothy W. Martin, Secretary of IDOT, stating I incurred damages to my car tire on January 10, 2006 in the amount of $64.30.
I filled out all the necessary paperwork providing receipts for the repair. Ms. Christine Ridge, Region #1 Litigation Representative, acknowledges and admits in her letter dated May 1, 2006 damages were incurred to my vehicle. The damages came from multiple potholes in the street located south of 95th Street on Stoney Island Avenue, Chicago, Illinois.
These potholes have been unattended by IDOT for months. I submitted the IDOT claims form on or about January 12, 2006. In my letter dated January 11, 2006, I informed Mr. Martin the damages incurred happened on January 10, 2006 at approximately 10:30 pm (hard copy of letter attached with full details of the accident). On or about May 3, 2006 I received a letter from Ms. Ridge reporting, in part, “…the courts have consistently recognized it is not possible for the Department to have notice of every defect immediately upon its occurrence. Liability, therefore, must be determined based on our notice of a defect and lack of expedience in repairing said defect. Since in this case repairs were made within a reasonable amount of time after notification of the defect, the State of Illinois, Department of Transportation is not legally liable for your loss.”
Why is Ms. Ridge citing or quoting Illinois law in this matter? Is this normal procedure for such a minor cost? IDOT is outrageous and ridiculous. Mr. Governor is this what your constituents can expect from this office, which you are responsible? Should the taxpayers who provide some of the money for repair of the roads in Illinois with their tax dollars expect their government to act in this manner using litigation jargon to escape its “natural” notification responsibility? Why does IDOT have a damage claims form or office?
If this is how your government operates the taxpayers of Illinois should be informed. As stated previously, these potholes under the viaduct south of 95th Street on Stoney Island Avenue have been there for months. Ms. Ridge also reports in her letter to me, “A member of our Emergency Traffic Patrol first noticed the hazard at approximately 8:30 pm on January 10, 2006 and our Communications Center was notified at that time. Repairs were scheduled for January 11, 2006 and were completed by 6:40 that morning by our area maintenance staff.”
Governor, are we supposed to believe IDOT learned of these potholes 2 hours before my car incurred its damages? Come on. These potholes have been there for months. The public is not that stupid. If this is the way your department heads handle their business, then its time for a change in government. This is outrageous.
Sir, I sent you copy of my initial complaint about this incident on or about January 11, 2006 by fax. I posted the initial letter on my website at that time also. I will post this letter with the initial letter to IDOT from January 11, 2006 on my website, hoping your constituents understand my plight and the operation of your present government.
I will post and publish Ms. Ridge’s response letter in the comment section of the posting of this letter. Your constituents need to understand if I lose my liberties today, they will lose theirs tomorrow. We need a new government. Your government wants its constituents to pay for the Illinois roads to be repaired and it wants us to pay for damages to our cars incurred before your repairs, and your government wants us to understand we do not have a leg to stand on if we proceed to litigation regarding the unfairness of it all.
Is this the message you want to send? I guess our tax money also goes for the salaries of the employees repairing the roads. Where is our money really going? As you continue to campaign for re-election inform the voters of Illinois of how your government really operates. Let them know if they incur damages from potholes in the streets of Illinois, present law will report your government is not liable for their loss.
This should go over very well for you. I expect to get a check in the amount of $64.30. Is this publicity really worth $63.40? Ms. Ridge and her staff is a rare commodity. I guess she believes you need this kind of publicity. Well I have no problem providing it for you.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
Social Policy Analyst
cc: Ms. Diane O’Keefe, District Engineer Mr. Michael Fitzgerald, Claims Manager Mr. Steve Peters, Communication Center Manager http://clickforjusticeandequality.blogspot.com/ C.L.I.C.K. for Justice and Equality (website) P.S. Hard copies mailed to Governor Blagojevich. All other individuals mentioned above sent fax copies of this letter only.
Update: July 2, 2006
Response letters from the Illinois Department of Transportation are copied verbatim in the comment section of this writing.
July 1, 2006Mr. Rod R. Blagojevich
Governor of Illinois
Office of the Governor
207 State House
Springfield, Illinois 62706
Re: Illinois Department of Transportation – File # 721699
Mr. Governor:
On January 11, 2006 I wrote a letter to Mr. Timothy W. Martin, Illinois Secretary of Department of Transportation (IDOT), about damage to my car tire on an Illinois street (pothole). On May 7, 2006 I wrote you about this claim and the denial of reimbursement. Mr. Martin assigned Mr. James E. Sterr, IDOT Chief Bureau of Claims.
Mr. Governor, how can an entity investigate itself? You have put in place the Office of Inspector General for such a task. Mr. Sterr wrote a letter to me stating, in part, “…The Department is permitted to pay claims where it is deemed negligent and a legal liability exists. The amount of claim is not a determining factor as to liability or compensability. The Department utilizes liability guidelines as established by cases before the Illinois Court of Claims…Ms. Ridge’s letter explained the legal reasons why a denial was proper. On or about January 10, 2006 you completed and submitted a claim form to our Schaumburg office. That office reviewed highway incident reports for thirty (30) days prior to the alleged incident. There were no prior reports of potholes or any other defects at 95th and Stoney Island.”
Why does this department have to be negligent or legally liable to reimburse a taxpayer for damage to their vehicle? Negligence and legal liability should not be the barometer for damage to a taxpayer’s vehicle. The department had nothing to do with the pothole being in the street. What are the social policy implications of this approach toward liability? We all know our courts are legislating from the bench. Therefore, the amount of the claim should be a determining factor whether a case is deemed necessary for court action. The court cost alone would be more than the liability. This department leaves a taxpayer and constituent with no means of recovery. Taking it to court would defeat the purpose of a $64.30 charge.
What does my case have to do with other incidents reported? Why didn’t the Schaumburg office look back 6 months? There have been tremendous potholes at this location for years. Some people do not know how to complain. People just go on with their lives letting people like Martin and Sterr continue to oppress and suppress people. This is a crazy decision. Your constituents need to know how you are running your office.
Hopefully, someone who lives in the area will view my website and pass the word on to beware of Governor Blagojevich and his department heads in November. We need to elect someone different until they get it right. You cannot continue to oppress a people. This pothole is in the “black” neighborhood. I talked to a “white” person at Pepboys where I replaced my tire. He informed me he was reimbursed for his tire repair when he reported it. This is really how Illinois politics works, if I am white I am right.
Governor, this is ludicrous. What does this mean? Why does this absolve the State of Illinois their reasonable responsibility? We are talking about $64.30. If the State of Illinois is not liable because your department deems there is no negligence or legal liability, then the voters of Illinois need to know how you “really” operate. This may be why the Feds are in your house. A Federal investigation appears to be appropriate because not only does this department operate in a nefarious fashion you also have other departments operating from a tyrannical and despotic perspective. It may be because of nepotism. Who knows?
There needs to be a change in November. This office is terrible. This is not just happening to me. I just happen to be a social policy analyst. The issues I am addressing with your office are real and are happening everyday, all day. It is not going to stop because you are not going to stop it. You talk a good game but your players are not good. Nepotism is the rule of the day. Mr. Sterr is not going to rule against Ms. Ridge. Who is Mr. Sterr related too? Who is Ms. Ridge related too? I will take this issue to another level of investigation. You claim to have an entity in place to investigate your government’s actions. Why didn’t Secretary Martin request the Office of Inspector General to investigate? May be Mr. Martin said to himself, “oh, it just $64.30. Let’s just take it away from the “black” man. He doesn’t deserve anything anyway.”
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
cc: Timothy Martin,.Secretary of IDOT
James Sterr, Chief Bureau of Claims
http://clickforjusticeandequality.blogspot.com/
Update: April 20, 2006
I have not heard anything from Mr. Timothy Martin. I should have received my refund by now. This is our system in action. What a mess. I have only been waiting since January 11, 2006.
As of March 22, 2006, I have not heard anything from Mr. Timothy Martin. I should have received my refund by now. This is our system in action.
On or about February 2, 2006, I received a response from the Illinois Department of Transportation, Secretary Timothy W. Martin. The response is posted in the comment section below. I have not received a response regarding my reimbursement. I hope to receive the reimbursement for the tire I purchased soon. I bought the tire with a credit card.
January 11, 2006
Mr. Timothy W. Martin
Illinois Secretary of Department of Transportation (IDOT)
2300 South Dirksen Parkway
Springfield, Illinois 62764
Re: Pothole on Stoney Island, South of 95th Street, Cook County Illinois
Mr. Martin:
On January 10, 2006 at approximately 10:30 pm my tire was punctured when I drove into a pothole located on Stoney Island, South of 95th Street, in Cook County Illinois. The pothole is in the left lane of traffic, under the overpass, a ¼ of block south of 95th Street. It was raining, traffic was moving briskly, and I had to stay in my lane, which was the left lane. I could not avoid the massive pothole in the street.
I bought a set of 4 tires from PEPBOYS AUTO, 17015 Torrance Avenue, Lansing, Illinois on September 17, 2005, account # 0889 1157820, phone number 708-895-5859. I have a Nissan Altima. I obtained an estimate of $64.30 this morning. I replaced my tire on January 11, 2006 at PEPBOYS AUTO for $64.30. I am seeking reimbursement for the replacement of my tire, and repair of the road where the tire damage took place.
I called your office in Springfield at 217-782-6828. I talked to Susan. I informed her of my dilemma. Susan gave me phone number 847-705-4110 to the District Office, Region 1. I called and spoke to Jennifer. I requested the manager’s name of Region 1. Jennifer gave me Ms. Diane O’Keefe as IDOT’s District Engineer Manager of Region 1. I informed Jennifer of my dilemma. She asked me if I wanted to file a claim. She transferred me to IDOT’s Claims Department. I spoke to Nicole explaining the situation. I requested her manager’s name. I was given Mr. Michael Fitzgerald as the manager of IDOT’s Claims Department. Nicole informed me she would send a claims form to my home. I asked Nicole how long was the process for reimbursement. Nicole informed me reimbursements take up to 90 days. Sir, this is absurd and ludicrous.
I informed Nicole I wanted the damaged road where the pothole is located repaired. Nicole transferred me to IDOT’s Communications Center. A woman answered the phone. I gave her the location of the damaged road. She stated IDOT knew of the repair needed to the road at that location. This raises issues. Why hasn’t IDOT repaired the road? How many complaints/damages have been filed with your office regarding this pothole?
I asked the person who answered IDOT’s Communication Center phone for the manager’s name. She asked me why I wanted it. I told her I was going to write this letter and post it on my website. She informed me I could get the manager’s name from IDOT’s website. I asked her was she refusing to give me the manager’s name. She informed me Steve Peters was IDOT’s Communication Center Manager. The lady reiterated I could go to IDOT’s website to the get the name of her manager. The lady informed me the pothole at the location I have reported will be fixed today, January 11, 2006. She would not give me her name.
Sir, I will have to pay for this new tire with money I do not have (credit card). If IDOT knew of the repair needed to the road, why isn’t it repaired? I had to change the tire in the rain. This road where the pothole is leads to the Bishop Ford expressway, I 57, and I94 North. This pothole is in the left lane of traffic. When my tire burst, I had to cross 4 lanes of traffic, in the rain, with my 11-year old daughter in the car. It was hazardous and dangerous changing my tire at that location with cars zooming by me at speeds exceeding 40 miles an hour. My daughter and I were coming from a pleasant evening event with our church. This was not a good way to end our evening.
Therefore, I am requesting two things: (1) an immediate reimbursement for my tire; and (2) the road repaired at the location cited above. I will publish and post this letter on my website at: http://clickforjusticeandequality.blogspot.com/.
Respectfully submitted,
Fred Nance Jr., ABD, MA, CADC, NCRS
cc: Ms. Diane O’Keefe, District Engineer
Mr. Michael Fitzgerald, Claims Manager
Mr. Steve Peters, Communication Center Manager
Mr. Rod Blagojevich, Governor of Illinois
http://clickforjusticeandequality.blogspot.com/
P.S. All individuals mentioned above sent fax copies of this letter only!!!! No hard copies mailed.
