Resident loses battle with DPW over potholes

Date: 4/4/2011

April 4, 2011

By Chris Maza

Reminder Assistant Editor

LONGMEADOW — Joseph Scafuri feels pretty cheated.

Not only did he lose a wheel off of his car, thanks to a large pothole on Converse Street, but also has to pay for it himself.

According to Scafuri, he was traveling westbound on Converse Street on his way to work on a rainy morning, Feb. 28 at 5:45 a.m., when he hit the pothole, which was located approximately a quarter of a mile from the intersection of Dwight Road and Converse Street. The accident cost Scafuri a tire and wheel.

"The pothole had been there for at least a week. It was pretty big," Scafuri said. "I had seen it and been able to miss it before, but that morning it was filled with water."

Scafuri said he called the Department of Public Works (DPW) to report the pothole and ask the department for assistance in replacing the wheel, but didn't like what he heard.

"They said they didn't know about [the pothole]. They told me that I'm their eyes and ears out there and that it was my responsibility to report things I see, but I could file a claim with their insurance company," Scafuri said. "I think the DPW is responsible for the upkeep of its streets, not the motorists. I don't think it's fair at all."

Scafuri's claim was rejected by the insurance company, leaving him to pay the full cost of any repairs.

"I don't think I have any recourse now," Scafuri said. "It would cost me more to fight it than to take the loss."

A request made to the DPW for comment was not returned as of press time, however, DPW Director Mike Wrabel did respond to a complaint lodged by Scafuri after his claim was denied.

According to a letter written by Wrabel to Scafuri — which Scafuri provided to Reminder Publications — the town is only on the hook for reimbursement if the DPW is found to have been negligent in their upkeep of the town, according to Massachusetts General Law chapter 84. Wrabel asserted the department was not negligent.

Wrabel admitted that it has been a tough winter and potholes have been a problem in many communities throughout Western Massachusetts and also pointed out the fact that the town responded to his complaint regarding the pothole and had it filled.

Scafuri agreed that the DPW filled the pothole in question "within five hours" and also said that after his initial complaint to the DPW, signs warning of potholes were placed on Converse Street.

However, Scafuri said he feels the only reason the problem was realized and addressed was because his car was damaged and the DPW should have "done the right thing" and offered him compensation.

"I think I was the one who paid the price and now I have no recourse," he said.