Montreal

Man receives nearly $1K in damages after hitting 'crater' on Côte Saint-Luc Road

After hitting a pothole so big it caused more than $1,200 in damages to Eric Choueke’s car, he took the city of Montreal to court gross fault and won.

City at 'gross fault,' according to ruling, but the Eric Choueke didn't get the full amount he was suing for

Côte Saint-Luc Road has a bad reputation for potholes, and in 2017, Eric Choueke said it looked like a 'war zone.' (CBC)

After hitting a pothole so big it caused more than $1,200 in damages to Eric Choueke's car, he took Montreal to court for gross fault and won — but not nearly the full amount he was aiming for.

He was driving on Côte Saint-Luc Road in 2017 when he hit the pothole which was at least six feet in diameter and between six inches and one foot in depth, according to the judgement.

Choueke claimed a total amount of $2,218.28 to cover repair costs, trouble, stress, loss of time and the cost of Uber rides.

"That road in general is a war zone," said Choueke, who works as a civil lawyer.

In his decision, Court of Quebec small claims division Judge Jeffrey Edwards awarded Choueke $697.26. Edwards added five per cent in interest and $150 for legal costs for a total of $945.30. Choueke was not awarded anything for lost time, stress or inconvenience. 

Eric Choueke is a lawyer and has since sold the car that was damaged. (Submitted by Eric Choueke)
Edwards stated that some of the reasons he came to the conclusion that the city was at gross fault are because "the hole or the absence of pavement in the road that damaged the vehicle was exceptionally large."

There also weren't any cones or barriers to indicate "the existence of the crater."

Choueke is advising other motorists who may find themselves in a similar situation that they might consider filing a claim with the city if they incur more than $1,000 in damages.

"If it's a tire for $200, it's not probably not worth your time and effort," he said.

The city did not return CBC's request for comment.

Corrections

  • A previous version of this story stated that Eric Choueke was awarded $2,218.28. In fact, that was the amount he was seeking.
    May 28, 2019 8:33 AM ET

With files from CBC Montreal's Daybreak

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