Are The Supposedly Friendly Folks At Smith's Really Just A Gang Of Greedy Deadbeats? Ask Rich Hanson.
By Tim Vanderpool
THE WRETCHED GROAN of metal crunching metal last January
was Rich Hanson's first clue that something was terribly wrong.
As it turned out, a fire hydrant inconveniently placed some seven
feet into the Smith's Food and Drug parking lot on Ina Road had
gouged an ugly crease in his conversion van, taking nearly half
of the running board with it.
Being a loyal shopper, Hanson figured Smith's--with their deep
commitment to Fresh Values--would honor the value of his rig by
coughing up a little bread for repairs. Instead, he just got the
rotten old run-around.
"These people are immoral," Hanson now says of the
grocery titan. "Obviously, they could care less about public
safety. Their only concern is protecting themselves."
Small claims court agreed; on October 1, Hanson was awarded $1,700
and some change. Now his latest obstacle is getting the deadbeat
company to pay up.
But first, back to the fire plug. It was admittedly in a lousy
spot, and ripe for a run-in. Of which there'd apparently been
plenty; Hanson says it was already scarred from countless collisions
before his own.
At the time, he says he was already frustrated by the tight,
under-sized, over-stuffed parking lot. "Finally, when I started
to pull out of the parking aisle, my front wheel went up over
the curb. That's when I heard the hydrant hitting the van. It
gouged the crap out of the side."
He quickly called Smith's to complain, and proceeded to get "the
royal run-around," bounced from office to office like an
unwanted stepchild. Finally, he was directed to Pinnacle Risk
Management, a Scottsdale company handling Smith's insurance claims.
A snotty Pinnacle staffer told him Smith's wasn't going to pay,
and if he had the gumption to sue, then to go right ahead.
"So that's what I did," Hanson says. "And I won
hands down."
But not before he undertook a little sleuthing, eventually uncovering
a pack of lies from Smith's. First, the company denied owning
the offending hydrant or the property it was on. A trip to the
County Assessor's Office proved otherwise. Then the chain said
the hydrant--and its placement--was actually the responsibility
of the Rural Metro Fire District. Wrong, said the district.
Next, the company claimed the hydrant was the burden of Metro
Water.
Wrong again: Metro Water, like Rural Metro, said above-ground
hydrants were considered akin to appliances, and purely the responsibility
of the proprietor.
Remarkably, behind this pageant of prevarication lurked another
big porker: Gosh darnnit, the company told Hanson, they didn't
even know their offending hydrant was a problem.
Wrong-O.
During his gumshoeing, Hanson turned up another guy who'd rammed
the stubborn plug way back in 1991--and told Smith's management
all about it.
Hanson's investigation also turned up another odd little dilemma.
He says original county zoning called for 25-feet turning lanes
in the lot. "Instead, the turning lane around the hydrant
was only 17-feet, 4-inches," Hanson says. Smith's also apparently
shrank the parking spots from the originally approved width, he
says, so they could squeeze in more shoppers, resulting in what
he calls "the most dangerous parking lot in town."
Michael Jenkins, director of the Smith's store on Ina Road, didn't
return a phone call seeking comment. And after following Hanson's
lead and getting bounced from one corporate talking-head to another,
the Tucson Weekly finally reached spokeswoman Marsha Gilford
in Salt Lake City. "Without specific information on this
case," Gilford says, "all I can say is that Smith's
always honors court orders."
Meanwhile, Rich Hanson is still waiting for the rest of his grub,
to the tune of $38, plus interest. "I had the distinct pleasure
of calling the gal at Pinnacle Risk--the one who dared me to sue--and
ask her where the rest of my money was," he says. "She
said there was nothing from the court saying I get interest. I
told her it was right there in the middle of the page.
"She said she'd look into it, and call me back. I still
haven't heard from her." If Smith's doesn't come clean this
week, Hanson says he'll file a debtor's petition forcing the grocery
goldbrickers to ante up.
Either way, Hanson says he won't spend another penny with a company
more interested in passing the buck than the gravy. "Let's
put it like this," he says. "The chances are nil that
Rich Hanson will ever again put anything in his mouth that was
purchased at Smith's."
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