Document text
OVERCAST Temp: 58 °F Wind: SE at 23 mph Thursday, December 12, 2002 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend November 27, 2002 Ashland resident ready to bark over dead ODOT tree By TONY BOOM Mail Tribune ASHLAND — A year after a cottonwood tree on Oregon Department of Transportation land fell and smashed her studio, Zoe Barclay still hasn’t received any state compensation. The state has refused to pay for damage, even though Barclay notified ODOT of the tree’s condition several times over three years before it fell. Barclay will file a lawsuit against the agency within the next couple weeks. "ODOT is very well funded. I’m just some poor, stupid woman. The bottom line is they were irresponsible, negligent and wrong," said Barclay. "They need to rectify it and deal with it. It’s not an act of nature when you’ve been notified there’s a dead tree for three years." Strong winds on Nov. 28, 2001, toppled the tree. Besides destroying the studio it cut water and power to her nearby house. Barclay’s property is on Washington Street southwest of the Interstate 5 / Highway 66 overpass. A state agency denied Barclays’ claim for damages. ODOT acted reasonably, said Jim Sorte, a claims management consultant for the state’s Division of Administrative Services Risk Management Division. The agency handles claims against state departments. ODOT officials examined the tree in October 2001. They planned to cut it down in December. "The storm that rolled through was a massive front," said John Vial, ODOT district manager, in a recent interview. "As far as the call, we made the wrong call." "We concluded that the department of transportation manager made a reasonable decision in October," said Sorte. "He concluded it was a potential rather than imminent hazard. It was reasonable to wait ... to cut it down." Sorte based the decision in part on a report from Herbert Brown Arborist, prepared for Barclay’s insurance company. There was no way to tell the tree was dying because a rotten portion at the base was not visible, the report stated. "They are resting their hat on that particular report," said Doug Gard, Barclay’s attorney. "Their report doesn’t discuss all the issues on what is a dead or dying tree." Tree firms The Arborist Inc. and Upper Limb-It prepared reports for Gard. Both indicated the tree showed signs of ill health and that the trunk was rotten, said Gard. "The tree was obviously dying if not all but dead," said Ashland arborist Tom Marr, who told Barclay that the ODOT tree was most hazardous around her property. Barclay called Marr before the tree fell. Another arborist, Larry Hugo of Ashland Tree Service, told Barclay the tree was the greatest hazard about two to three months before the storm. "It’s not like rocket science. It was obviously dead," said Hugo. Gard will file Barclay’s suit against ODOT in Jackson County Circuit Court. "Often there is a denial (of a claim) at first," said Gard. "It’s disappointing, but not surprising. I’m always open to a settlement." Contractors estimated studio reconstruction will cost about $46,000. Barclay has received $8,500 from Unitrin Insurance for costs to restore a pump house adjacent to the shop. The insurer expected to be reimbursed from a settlement with ODOT, Barclay said. "I just want it over," said Barclay. "It’s taken way too much of my energy." Reach Ashland bureau reporter Tony Boom at 482-4651, or e-mail [email protected] Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright 1997-2002 Mail Tribune. All rights reserved. Privacy Policy webmaster feedback A D V E R T I S E R S