Wednesday, May 28, 2014
WHY SUING OVER THE ROADS MAKES NO SENSE
I am not an attorney, but I cannot imagine the suit about the roads being successful. First of all, I think that in order to successfully sue you must prove there has been negligence—maybe even gross negligence—on the part of the defendants, UCO and Dave Israel. Considering the steps that were taken before actually engaging M & M Construction Company, I doubt negligence could be proven. Moreover, the completed work was examined by an agency specializing in this and found to meet standards for such work.
Furthermore, two things were known going into the project:
(1) That (as Grace points out) in order to save money the old pavement, except in a few places, was not first being removed; therefore, cracks would reappear in time. In fact, you find this all the time when roads are repaved.
(2) That, as Dom Guarnagia pointed out in a Reporter article a few months ago, because most of our roads do not drain through storm drains, more flooded areas would result.
These facts were known. The only way to have avoided them would have been to install storm drains throughout the Village and removed all the old asphalt. The costs for both would have been astronomical.
Finally, who is being sued? Dave Israel and UCO. But who or what is UCO? The UCO board of directors is the delegates—who represent us, the owners in the associations. Despite their protests, it looks mighty like those bringing the suit are asking us to sue ourselves, to me!
IF the suit were to be successful—which, given the foregoing strikes me as an awfully big “if”—we are told all will be well because an insurance company will be footing the bill. Would this be M & M’s insurance company, with M & M facing higher insurance rates for the next several years? No, because M & M isn’t being sued. Footing the bill will be UCO’s insurance company; that is, OUR OWN insurance company!
What a clever ploy! In effect to sue oneself! Do we really think, if by some stretch the suit were successful, our insurance company would roll over and submit to this without there being the severest of repercussions? Of course not. Insurance companies are not fools. We will end up altogether priced out of the insurance market by this insurance agency or any other, in my opinion. Our buildings, which include your and my homes, will be UNINSURABLE for all intents and purposes. Think about this as we face the hurricane season!
Of course those bringing the suit want your dollars to help pay the attorneys’ fees. I can think of few worse ways to invest my money, however. I wouldn’t be helping myself, and I could be bringing irreparable harm to the Village.
No thank you, Mr. Ponzi!