FALLING ICE: Who Pays For Damages?

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Traveling from Nebraska to Iowa nearly took a deadly turn for one family.

Dave Avery and his two grandchildren were making the trek shortly after the ice storm hit in December.

As the family crossed the Belleview Toll Bridge over the Missouri River a large chunk of ice fell shattering the windowshield and denting the hood of their car.

Avery and his grandchildren escaped without injury, but now Avery wants the bridge commission to pay for the damages.

He says the commission was negligent by not clearing the ice from the top of the bridge.

Don Fenster Chair of the Commission says otherwise. “I can understand where he’s coming from but on the other hand the insurance company says they’re not liable and we’re not either. It’s an act of god issue and therefore we’re not responsible for it.”

The bridge commission says the incident is similar to a car-deer accident where neither states nor cities can be held responsible.