10-foot pothole still outside emissions testing site

10-foot pothole still outside emissions testing site

CREATED Apr 30, 2012

Reporter: Stephani Ruiz

TUCSON (KGUN9-TV) - It's a monster pothole, causing an all around traffic mess along West Commerce Court. Drivers swerve around it or slam on their brakes trying to avoid it.

"It's horrible," said driver Bertha Franco. "I cuss every time I come through here."

We took our own drive through the southside roadway- right off Valencia and Midvale Park Road- and found little has changed since first reporting this story April 4.

Although the Midvale Park Commerce Center Association is supposed to maintain these roads- it says it just can't keep up with thousands of dollars in maintenance required.

"It was just crammed down our throats. And told we would be assessed these monies," John Howe, owner of Nighthawk Trucking, said.

We first reported this story earlier this month. Still, an over 10-foot pothole remains there. At least now someone has put up cones warning drivers of the hazard.

An emissions testing site draws in most of the traffic- and there's only one way to get there.

"The problem here is if someone is going on here for the first time, say going to get their emissions tested, they have no idea about this pothole," Attorney Lynn Goar said. "A warning would be helpful for them and it could potentially save the company from liability."

The company Gordon Darby is contracted with the state of Arizona for all emissions testing sites. According to its contract with the Arizona Department of Environmental Quality, this pothole problem should not be happening.
It says, "the Contractor shall provide sufficient queuing space, safe and convenient means of entrance to and exit from the property without unduly affecting traffic flow..."

We contacted Gordon Darby and a representative says as a state contractor the company cannot do an interview with KGUN 9. We were told by phone the company is part of Midvale Park Commerce Center Association and it has contacted the area manager about taking some action on this problem.

Action that has been a long time coming, for many in the area.

"It seems to me that the business owners association and the actually owner of the entire complex could definitely be held liable for damage to a car or God forbid some kind of an accident happened and someone gets hurt, then they could potentially face liability, a lawsuit and an award of damages," Goar said.