Residents Blame Road for Damage
Two Jasper County residents blame the same hole on Jackson Lake Road with damaging their tires and wheels, causing blowouts, and ultimately resulting in large repair bills while narrowly escaping bodily harm.
Last week, Tricia Armistead was traveling north on Jackson Lake Road near Jackson Lake dam in her Lexus, and when she went around a curve her right wheels dropped into a hole, causing the tires to blow and the rims to be damaged.
Less than 24 hours later, Julia McGinnis was driving along the same stretch of road in her Mercedes, and had the exact same occurrence. She, too, damaged both right wheels, and ruined both tires.
The incidents occurred just two months after Lester K. Bankston won a civil suit in Jasper County Magistrate Court for not maintaining Jackson Lake Road, and thereby damaging his car. He won the suit, as no county representative appeared in court. When the county attorney learned of the ruling, he filed an appeal.
The Magistrate Court’s decision was upheld by Judge Hugh V. Wingfield, III, Tuesday in Jasper Superior Court.
As reported by The News July 30, Mr. Bankston’s claim against the BOC stated “Damage of property and failure to maintain road.” The amount of the claim was $737.65, plus a $70 court fees. Mr. Bankston said the damage was caused by driving on Jackson Lake Road when his vehicle incurred damage consisting of a damaged rim, a ball joint, a tire and knocking out of alignment.
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After the BOC failed to respond to the claim in the required 30 days it went into default. At this point the BOC had another 15 days during which it could have paid court costs and conducted a hearing on the claim, but did not, As a result of their inaction a Default Judgement was issued in Magistrate Court in Mr. Bankston’s favor on July 22, which was them appealed by the BOC.
Judge Wingfield upheld the Magistrate Court’s decision based on the Georgia code specifying that judgement such as a default judgements in Magistrate Court are not subject to appeal.
The BOC now has 30 days from the day the judgement is filed in the County Clerk’s office in which to appeal to the Court of Appeals.
Also, in the criminal portion of Superior Court the following two cases were disposed of as follows:
•Michael Clemons, originally convicted of shoplifting and criminal trespass in January of 2008, had his probation revoked for the new charges of failure to report and failure to pay court ordered fines and fees. Mr. Clemons was sentenced to 120 days in the Jasper County Jail with credit for time served since Sept. 3, after which the case will be terminated.
•Jeffery Arrington pled guilty to DUI Less Safe, and was sentenced to 12 months probation, fines and fees of $770, and ordered to complete a DUI Risk Reduction Program.
In addition, last Friday the Jasper County Magistrate Court convened with Judge Kenneth G. Jackson, presiding. Two guilty pleas were accepted with details as follows:
•Veronica Torres-Moreno to theft of utilities—sentenced to 12 months probation, 40 hours community service and $300 in fines.
•David Ronald Thurman to illegal burning—sentenced to pay a fine of $50.
Not guilty pleas were accepted in two other cases which will be scheduled for trial on Sept. 25. Eight other cases were continued.
