Cedar City resident seeks solutions after car damaged entering tire shop parking lot

CEDAR CITY — A Cedar City resident is seeking solutions after she damaged her car navigating the entrance to Big O Tires’s parking lot in January.

This file photo shows the Cedar City Offices, Cedar City, Utah, Jan. 11, 2023 | Photo by Alysha Lundgren, Cedar City News

Rayonna Hale originally approached the city requesting reimbursement for front bumper damage that occurred as she attempted to enter Big O Tires’s parking lot from 820 South. Others shared stories with her about RVs and other vehicles becoming stuck or sustaining damage in a similar way, she said.

“This has been an ongoing problem for years,” she said. “There’s been lots of vehicles that have been damaged.

She received two preliminary estimates for the cost to fix the bumper, with one coming in over $1,000 and the other more than $1,600. Someone with Big O Tires “said it wasn’t their problem” and to contact the city, after which she filed her request, Hale said.

City Attorney Tyler Romeril denied Hale’s request because “the elevation change from the public street to the parking lot is open and obvious to the public,” which “places the blame on the plaintiff for failing to avoid the danger that should have been recognized and avoided,” Hale said.

While it’s not “the prettiest curb and gutter,” Romeril said there are no potholes or other infrastructure damages that would increase the chance of a vehicle sustaining damage.

The entrance to the Big O Tires parking lot at 820 South, Cedar City, Utah, March 22, 2023 | Photo by Alysha Lundgren, Cedar City News

“It’s just one of those locations and there’s several in town that I’m sure we’ve all driven on where you’ve got to hit that on an angle,” he said. “And if you drive into it bumper-first, you’re going to end up scraping the bottom. So, I think what we look at in something like this is — as drivers of a vehicle on a city street, we all accept certain risks.”

For instance, if a person parked their car near a driving range and it was hit by a golf ball, they “assumed that risk” and “are responsible for the damages,” Romeril said. Comparatively, if a vehicle on the interstate sustained golf ball-related damages, the person who hit the ball could be responsible.

Hale asked the attorney to reconsider and they met at the parking lot to discuss the issue.

“Quite coincidentally, in the very place where my vehicle sustained its front bumper damage, (this) was lying right there,” Hale said, holding up plastic that appeared to have broken off another vehicle. “There’s been many people that have had this kind of damage coming into that driveway. … There needs to be some kind of a resolution because I know I’m not the only one.”

Carter Wilkey, who is a member of the city’s Planning Commission, reiterated Hale’s statement, saying that he had helped someone whose RV became stuck in that dip.

The entrance to the Big O Tires parking lot from Main Street, Cedar City, Utah, March 22, 2023 | Photo by Alysha Lundgren, Cedar City News

“It happens quite frequently, unfortunately,” he said.

Romeril said, “it’s really how steep the grade is going into Big O Tires,” a statement Councilmember Terri Hartley agreed with, adding that the public street didn’t appear to be the problem.

While no representatives for Big O Tires were present, Hale said the company felt the public street was the cause. Cedar City News contacted the store for comment but has not yet received a reply.

City Engineer Jonathan Stathis said the street “should meet all standards.”

Councilmember R. Scott Phillips said that while he assumes the company followed the required city ordinances when constructing the building, “quite frankly, it is placed very high on the property.”

“I use Big O Tires quite frequently,” he said. “And it is a very difficult driveway to get in but that is private property and they are the ones that chose to place it like that. So they are somewhat responsible for what happens in their parking lot.”

While Phillips said he had been in similar situations, he didn’t feel that the city was liable for the damage to her vehicle.

However, he said the city should seek a permanent solution and should request the company’s input.

The entrance to the Big O Tires parking lot at 820 South, Cedar City, Utah, March 22, 2023 | Photo by Alysha Lundgren, Cedar City News

“I think, at the very least, we should encourage the ownership of the Big O Tires to post some signs — and I’ve seen them,” Phillips said. “We put them around our city; we put ‘dip ahead’ or ‘caution, slow down, severe dip.’ And they should put something on their property because it is on their property. You don’t have that problem with Jiffy Lube. You don’t have that problem with the Spot Free Car Wash. You don’t have that problem at Subway, but you do at Big O Tires.”

Additionally, Romeril said the city has considered installing a metal plate across the gutter to reduce the steepness between the road and the parking lot. However, with a metal plate, there is a risk of debris clogging the gutter during a flood.

The city’s standards currently don’t allow a plate unless it’s placed over an irrigation gutter, Stathis said, adding that doing so would require a variance from the council.

On March 22, council members unanimously denied Hale’s request with the caveat that the city continues to seek solutions to improve entry to Big O Tires’s parking lot.

Readers can watch the full discussion on the Cedar City Council’s YouTube channel here.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2023, all rights reserved.

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