"HERE THEY COME, TO SAVE THE DAY?"
Oregonian, The (Portland, OR) - Sunday, April 19, 1992
Like a lot of folks, Mary Jo Smith joined the Automobile
Club of Oregon (most people just call it ``Triple-A'') because she wanted to
feel secure.
Mary Jo was single, in her late 30s, living on her own. If
she had trouble with her car, she wanted to be sure she'd be able to get help.
She never expected to call AAA for help and end up with a plate in her
head.
Security, that's what Mary Jo was looking for. And AAA promised
security in its publicity materials.
``From now on, you'll never have to
go to strangers for help. You can come to AAA instead,'' it said in a letter
Mary Jo received when she joined. ``You'll enjoy that same sweet feeling of
personal security shared by over 28 million fellow members. Whatever happens to
your car, you'll know the AAA will come to your rescue speedily, professionally
and in most cases, at no charge to you.''
So far, Mary Jo's bills total
more than $35,000.
One day in May 1988, Mary Jo Smith was driving her
'78 Oldsmobile Cutlass Supreme, ``white with a blue vinyl top,'' says Mary Jo,
when the car had some kind of attack. Mary Jo got it to a gasoline station,
where they made a diagnosis: a blown head gasket. There was still some oil and
water left in the car, so Mary Jo and her Cutlass limped home.
Mary Jo
made arrangements with a mechanic just a few blocks from her house, near the
Hollywood district. The mechanic told Mary Jo not to start the car -- it might
ruin the entire engine.
So Mary Jo called AAA, and a tow truck arrived
from Sam's Texaco station, an authorized AAA emergency roadside service
provider. The tow truck driver's name was Richard Earl Cullum.
``This
guy was belligerent from the beginning,'' says Mary Jo. He told Mary Jo that he
couldn't tow her car until he tried to start it. Said it was the policy of AAA.
``I said all the oil had leaked out of the engine,'' says Mary Jo. ``You
could see the caked oil spot on the street. I said it couldn't be started, and I
asked him to tow it.'' Richard Cullum pulled the dipstick from Mary Jo's car: it
showed no oil. ``He threw the stick down'' says Mary Jo. ``He said, `That
doesn't mean anything.' ''
Richard Cullum went back to his tow truck and
had a conversation on his radio. When he returned, ``he just acted like he was
going to start it, no matter what. He got jumper cables out of his truck and
took them over to my car.''
Again, Mary Jo told Richard Cullum not to
start the car. That's when Richard hit Mary Jo.
At his criminal trial,
witnesses testified that Richard hit Mary Jo with such force it lifted her off
the ground. Before she hit the ground he hit her again. The first punch broke
her jawbone in two.
``The next thing I remember I was lying in the
street, thinking I needed to get out of the way of traffic,'' says Mary Jo. ``I
was stunned. I could see his feet get in the truck and drive off.''
Mary
Jo was taken to Emanuel Hospital for emergency surgery. They put a steel plate
in her jaw, which was wired shut for eight weeks. She had a headache for nearly
two years. And her jaw is still misaligned; she will need more surgery.
Many months later, the police finally arrested Richard Cullum. In August
1989 he was convicted of beating Mary Jo and sentenced to 60 days in jail.
But Mary Jo was left with $35,000 in medical bills. The victims'
assistance program gave her $10,000, but she can't pay the rest, and there's
more surgery to come. So Mary Jo decided to sue Sam's Texaco and AAA.
``I'm most angry at AAA,'' says Mary Jo. ``If they're going to promise
people security, they should screen drivers for criminal records.'' Anybody
could go through county records and find out Richard Cullum has a 13-year record
of arrests and convictions for assault, burglary, threatening to kill someone,
and violating parole and restraining orders.
But AAA doesn't see it that
way. Attorney Greg Snook worked on the case, defending AAA and Sam's Texaco.
``She was relying on things in the letter that said `enjoy the feeling of safety
and security,' or something like that. She said that was a promise that AAA
would protect her personal safety. We don't think it has any merit.''
In
fact, AAA attorney Andrew Chenoweth said under oath that the statements in the
letter Mary Jo received ``are clearly mere promotional `puffery' and not in the
nature of warranties at all.'' He said AAA had made ``no express or implied
promise to protect (Mary Jo's) personal safety.''
The jury at Mary Jo's
trial deliberated for three days, and then the judge declared a mistrial and
called for a new trial. AAA's attorneys objected and are appealing to the Oregon
Supreme Court, asking for a judgment in their favor.
The AAA has plenty
of money to pay for attorneys. Mary Jo Smith still can't pay her medical bills.
Edition: FOURTH
Section: LOCAL STORIES
Page: C01
Index Terms: Column Local; ASSAULT
DAMAGES
Record Number: 9204180364
Copyright (c)
1992 Oregonian Publishing Co