After a freak accident left her car damaged, Brandy Howard had little doubt that everything would be O.K.
Almost two months later, she now has major doubts.
Howard recalls August 28th was a calm, sunny day as she approached the intersection of Parkway and MacArthur in North Little Rock.
She is still dealing with what would happen next.
"The pole…from the ground up…just started falling," says Howard. "It almost looked like slow motion for a little while and then…the next thing I know it hit the side of my car."
Howard says the falling light pole…much like this one…hit a tow truck and her vehicle, damaging both.
A new pole has been put in place, but the damage to her car remains unrepaired.
In a letter received last month from North Little Rock's city attorney, she learned that the pole that fell had last been inspected more than two years earlier and had no strength loss at that time.
That is why the letter states there is no evidence that the city is liable for damages.
And even if there was evidence of negligence on the part of city workers, tort immunity would protect city coffers from damage claims.
Howard says just because the city doesn't have to do the right thing doesn't mean it couldn't if it wanted to.
"If I hit their pole I would have to pay for it regardless of the circumstances," says Howard. "So…since their pole fell…I think they should have to pay for my car."
The estimate to repair the damage to Howard's vehicle tops $5,000.
City attorney Jason Carter is at Fort Chaffee for National Guard duty.
He told us via email that about one damage claim each week is filed against the city.
All are investigated. Some are paid, most are not.
Air date:Â October 21st, 2011
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