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Drew County Jury Hearing Case Over Ashley County Bridge

April 3rd, 2013 by

 A Drew County jury of 2 men and 11 women are hearing the case of an Ashley County landowner suing the county over a bridge on a county road. 

 

An Ashley County landowner, George Stokes, is alleging a breach of contract by the county, based on claims that then Ashley County Judge Don Hartley agreed to maintain bridge in exchange for Mr.Stokes granting easement rights.

Stokes’ attorney told  the court, “At one point is was open to the public. At another point, it was closed. That represent a change is weight bearing capacity.”  He also claims Ashley County should have kept bridge inspection records

 The bridge was built in. 1976; transferred to the conty in the mid to early 90’s; and closed to traffic in 2007-2008.

Special Judge Russell Rodgers of Stuttgart is hearing hte case.

A bridge inspector said the county abandoned bridge in 2008, likely because parts of it were rotten.  “It should carry the normal load of bridges in this area, such as a grain trailer weighing 80,000 pounds.”  It was desctibed as “An old rotten bridge, unsafe for a normal vehicle to travel.” 

 

A witnesss estimeated it would cost $321,000+ to replacement.

 

Ashley County was represented by Tim Leonard, of Hamilton, Hamilton, & Leonard.  Mr. Stokes was represented by Jack Talbot, of Bridges Law Firm.  The plaintiff rested their case, subject to rebuttal, Tuesday at 5 pm.

The case is expected to go to the jury, today.

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