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Kroger - Construction Zone Littered with Nails

Complaint
Review by mblankenship on 2012-09-28
Rating: StarStarEmpty StarEmpty StarEmpty Star
Resolution Update on 10/01/2012:
See updated comments from 10/1/2012.
BLACKSBURG, VIRGINIA -- My wife visited the University City Blvd store late in the afternoon on Sept 4, 2012 then drove straight home. The next morning, her left rear tire of our 3 month old new car was flat. I checked it and found two nails. The dealer said because of the location of one nail in the sidewall, the tire was not repairable. I spent $250 on a new tire and returned to Kroger to file a claim. They forwarded the claim to a third party (Sedgewick CMS) who denied my claim and said there was no appeal. I have no clue what they based the denial on because they won't respond to my requests for more information. Seems to me Kroger just hides behind this "company" to get out of paying for their issues.
Comments:
Posted by melissa253 on 2012-09-28:
Kroger may have been doing construction at their store but I don't see how you can prove that your wife got the nail in the tire while at Kroger's ? You said that "she drove straight home" and even if home is half a block away, she could have gotten that nail anywhere between Kroger and your place.
Posted by trmn8r on 2012-09-28:
I assume you are implying that the nails were picked up in a construction zone in the parking lot or adjacent to the store.

The determination of liability is an interesting one. If there were no constuction, you probably would have no claim for running over a nail. My guess is you don't even if you have evidence that the site is unkept.
Posted by yoke on 2012-09-28:
When parking in a construction zone you are taking your own risk. Agree with Melissa that your wife could have gotten the nails anywhere.
Posted by mblankenship on 2012-10-01:
Update on Kroger - after re-visiting the store to express my displeasure with the insurance company (Sedgwick CMS), the Store Manager reviewed my paperwork and decided to pay for the new tire at the store level. He apologized for the rude insurance lady. Kroger - I appreciate the resolution and you have kept a loyal customer!
Posted by melissa253 on 2012-10-01:
I didn't know that Store Managers had the authority to override Corporate decisions?

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