MEMPHIS, Tenn. — A Memphis woman says she was just driving along when a pole fell on her car. Luckily, she was not harmed, but she says it’s been a case of ‘Who done it?’ to try to figure out what comes next.
“I was shocked, and I didn’t really know what happened, but I saw the glass cracking, my windshield cracking,” Eartha Sanders said.
In November, Sanders said she had no clue what fell on her car while she was driving along East Shelby Drive.
She said it wasn’t until a witness pulled over and told her a pole was what caused the damage.
When Memphis Police got to the scene, they told Sanders the pole was the property of MLGW.
“I initially reached out to MLGW, and after two weeks, they determined it wasn’t their pole,” Sanders said.
Instead, she said she was told AT&T owned the pole.
After weeks of discussion, Sanders got a response email from Sedgwick, the company handling liability claims for AT&T.
It read in part: “It is our opinion that AT&T would not be held liable for this incident as our investigation confirmed a hit and run motor vehicle struck the pole.”
“Like I told the claims adjuster, there was nothing to implicate that it was involved in a hit and run. The pole wasn’t down, there were no wires hanging, no cones to avoid that lane,” said Sanders.
If MLGW and AT&T are both saying they are not responsible, what comes next?
FOX13 sent the documents and initial message from Sanders to a liability attorney.
“What seems to be happening here is no one wants to take responsibility for what happened. You’ve got an innocent person driving down the road, a pole falls, somebody is responsible here,” said A. Parker Trotz, an attorney at Nahon, Sahorovitz, & Trotz.
Trotz said the two most important things to do are document all the evidence you can and try to prove negligence by whoever owns and maintains the pole.
“A pole normally doesn’t fall unless there’s a reason,” he said. “So was it in disrepair? Was it not structurally sound? Were people working on it? Could be one or more of the parties involved.”
Sanders said according to Nissan, the damage to her car totals about $5,500.
She needs a new windshield, passenger side window, inside rearview mirror, and more.
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