Perry MacKall of Sumpter Township wanted DTE Energy to pay for his electrical items ruined by power surges last summer.
While DTE claimed the damage was an act of God from a catastrophic storm, MacKall claimed it was negligence.
On March 12, MacKall finally received a check from DTE for $854.55, which reimbursed him for two sump pumps, three telephones, an answering machine, and his favorite, programmable coffee maker.
The check was signed by Robin Marko-Harris, claims representative at the Mt. Clemens Service Center.
Actually, the value of the items amounted to $729.55, but court and other costs were added on.
MacKall said some people are afraid to fight city hall, but he said if you persevere and you are in the right, you can win. He said some of his neighbors, who also suffered losses from the same power surges, are afraid to confront DTE.
There were others with damaged electrical items in Sumpter last July, since he was told by Ace Hardware that it sold out of sump pumps the week of July 30.
Marko-Harris said she investigated MacKall’s complaint and denied the claim in a Nov. 16 letter, stating the company denied negligence.
She said her investigation showed that on July 17 a catastrophic storm with strong winds damaged Detroit Edison overhead equipment resulting in over 191,000 customers with power problems. On July 24 tree interference caused equipment damage.
She continued that on July 27, a second storm again damaged overhead equipment resulting in over 74,000 outages. Due to a cable failure at the substation from the excess load on the circuits, a portable substation was brought in which was then struck by lightning.
Since DTE refused to accept responsibility, MacKall took the matter to small claims court, at 34th District Court in Romulus. A mediation session was held Jan. 3.
On Feb. 13, DTE failed to appear at a court session and so it lost by default. (MacKall said the date was set at the arbitration hearing and everyone knew when the next session was.)
Marko-Harris then said the paperwork on the court appearance had been sent to the wrong office, so she entered a motion to have the default judgment set aside.
On March 5, 34th District Court Chief Judge Tina Brooks Green heard testimony on the motion to set aside and denied the motion.
DTE had to pay up.
MacKall said one of his pieces of evidence was an official affidavit, with blue ribbon and gold seal affixed, from the U.S. Department of Commerce Records Custodian at the National Climatic Data Center in Asheville, NC.
The document showed DTE had misrepresented the storms that were either non-existent or very mild on the dates in question.
Wind gusts up to 10 mph, as shown by the official records, are hardly catastrophic in nature, MacKall pointed out.
He now encourages others who have lost electrical equipment due to power surges to file complaints against DTE and they could be reimbursed. He said all you have to do is prove negligence.