MARINETTE, WI (WTAQ-WLUK) – Almost two dozen Marinette area residents want the city to pay up after they say fresh paint on the roads damaged their vehicles.
At least 23 people have filed paperwork with Marinette stating their vehicle was damaged with fresh paint after driving down city streets, according to David Ayers, who tells FOX 11 he filed a freedom of information request to confirm the number of people.
“I want my car fixed the way it was before it got paint on it, that is all I want.”
Ayers says the city told him to get an estimate in July, just after his wife drove through wet paint.
A few weeks later, like others in the same situation, Ayers received a letter from the city’s insurance company, EMC Insurance.
It states, “Based on our investigation, the Department of Public Works had a lead and follow vehicle while the County truck painted the lines. These vehicles and the cones placed provided a proper notice of wet paint. Therefore, our insured is not legally liable for your damages and I will not be able to offer any compensation.”
“I mean they just out and out lied that they had cones and this and that, they didn’t,” said Ayers.
A few weeks later, Ayers and others received another letter from the city’s insurance company.
It stated, “As a compromise, EMC Insurance will offer to pay your comprehensive deductible. Please send me your insurance Declaration of Coverages indicating your vehicle coverages. Upon receipt, we will review for payment consideration.”
“To me, that is an admission of guilt,” said Ayers.
“It was kind of a smack in the face that they are just going to walk away from it,” said Darren Jacobson of Peshtigo, whose son’s vehicle was also damaged in the first week of July.
Unlike the others, Jacobson tells FOX 11 he’s taking the city and county to small claims court to try to get the $500 he already paid to have the paint removed.
“It’s kind of the principle of the whole deal.”
FOX 11 tried talking to Marinette Mayor Steve Genisot.
He passed the buck to Sam Kaufman, the attorney the city hired to handle these cases.
On the phone, Kaufman told FOX 11 he could not comment because of the ongoing litigation.
Ayers says depending what happens with Jacobson’s case, he along with dozens of others could also take the city to court.
“We’re just sort of sitting back and waiting to see what happens,” said Ayers.
Tuesday was the first day Jacobson’s case was heard in small claims court.
Court records show the city’s attorney asked for the case to be dismissed. The court denied that request and asked each side to file briefs by mid-November.
