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Discussion Starter #1
I had police at the scene of pathmark. I went to the manager of pathmark he gave me no good information and he also gave me attitude. Last nite i pulled out of a parking spot i didnt notice a 15 inch drop hill and a pot hole. I noticed last nite my tranny oil pan was ****ed up so i changed it today. Few hours ago i noticed my left hand motor mount is gone. The tranny is hanging the engine is on one bolt on the left and the trannys bolt got ripped out. Give me advice should i file against them to repair my vechile?
 

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Discussion Starter #2
Also my tranny is acting up its funny i put it to R it adds gas it self to 5,000 rpm and i have to break not to hit the car in front of me. When i drive sometimes the gas pedal pops up and down like it doesnt want to drive. Oh **** been a bad week. First my hood open on the highway smashed my winshield now this BAH...
 

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Thought Police Officer
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564 Posts
Were you already outside of the parking lot when you hit the pothole? If so then the city is at fault (not necessarily liable), not Pathmark. I'm not sure what "15 inch drop hill" means, is that a speedbump at the entrance/exit? Is you vehicle riding low? If you've got suspension mods done, they might hurt your case. But I'm not a lawyer, so forgive me if I'm talking out of my ass.
 

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Discussion Starter #4
no suspension mods and it was in pathmarks parking also its not a speed bump just collapsed road on thier parking lot and a hill got created by the collapse and a ****ing huge hole ill post pics tomorrow
 

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In Your Rearview Mirror
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418 Posts
Sorry but if you could not see a "15INCH DROP" then you should just turn in your license. Be more observant and it would not have happened. And if you went back to see the manager the day after you don't really have a case. It could of happened anywhere.
 

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This logic is about as absurd as littering the streets with bricks, telling people that they will have to deal with the bricks, and to be observant in order not to hit them. A surface intended for driving should be capable of being driven on.

Bmarine931 could even admit in court that he saw the drop and still drove over it, causing damage to his car, and he would still win. It is the store owner's responsibility to keep good maintenance on all his property and most importantly, keep it safe. If there exists any unsafety which is not marked with cones, tape, or otherwise, it's an open and shut case. You can't lose a case for being stupid, like the lady that got burned with coffee. You can lose a case by not following safety procedures on your own property.

How am I so sure? I had a friend in almost the same situation. Huge pothole, impossible to miss, on the street. Hired a lawyer, settled; the city fixed his car.
 

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In Your Rearview Mirror
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Very true. But if he drove off and then went back the next day, all the store owner has to say is didn't happen here.
It's just something I have to deal with everyday. Everyone wants to sue. Come on now that's why you have insurancer etc etc etc. Just some people can't own up to their own mistakes.
 

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But he says he had the police at the scene of Pathmark. I am assuming he had them there the same night. In this case, there would be at least one officer that could testify that he was there that night and that's when it happened. I understand his post to mean that he notified the manager the same night and also went back the second day to try again.

If he left w/o notifying, that will be tougher, but still not impossible to win. It is possible for a judge to believe he felt the bump, but his car only started acting up later. Get a mechanic to testify that the damage to the car would be a direct consequence of a hit as described above, take pictures of the damaged area of the car (which would show asphalt scuffs), take pictures of the bump (which would show further damage resulting from metal hitting it) and the case could conceivably be won. All you need is lots of documentation.
 

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Breu Meister
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its up to the landlord of the parking lot to make sure it is in good condition and the landlord has to pay to have the parking lot paved...pathmark has nothing to do with their parking lot...you will be suing the landlord.
 

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Discussion Starter #12
Thanx im going to take pictures of it today and going to a mechanic for repair costs. Anyways i went back to the manager next night. When i hit the hole i didnt notice any leaks i went home than it started leaking as the tranny fluid got hot. It also bent my hotshot downpipe sucks! and my oil pan. Well the manager told me its not his responsibility about pathmark i asked him who is he said he doesnt know so bibi... I said no problem i left and i told the cops what he said. They told me to file a sue doesnt matter what he said but they have to have survallance on the parking lot
 

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Breu Meister
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like i said...pathmark does not own that shopping center...most likely it is owned by a landlord and he has to make repairs to the parking lot and your vehicle now.
 
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