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Who Pays When Dumpster Runs Away?

Woman Turns To 7 Can Help

POSTED: 8:59 pm CDT June 1, 2008
UPDATED: 11:05 am CDT June 2, 2008

Marianne Distefano said she was shopping at an Omaha Kmart last month when her car was hit by a runaway Dumpster.

No one has taken responsibility for the damage to her car, so she called the KETV NewsWatch 7 I-Team for help.

Distefano said a witness saw the whole thing.

"She just said she heard the rumbling, the Dumpster rolling with speed down the hill, and my car was the only one on the end, so it smashed into my car," Distefano said.

The vehicle has more than $2,000 in damage. Distefano's attempts to get Kmart or the Dumpster owner, Waste Management Inc., to pay for it have been unsuccessful. She also approached the Hollywood Video manager where the Dumpster now sits in a wooden enclosure.

Omaha city prosecutor Marty Conboy said that normally, the property owner is responsible or the company leasing the property. He recommended that Distefano file a claim against all parties and let the court sort it out.

"Clearly, she's a victim," Conboy said. "Clearly, someone was negligent along the way. It's just a matter of deciding who's responsible. I would suspect all the parties involved are insured. They would obviously look to each other until one of them finally decides they're going to have to be responsible, ultimately."

Waste Management denied the claim. Kmart apologized and said she should take the matter up with Hollywood Video. Hollywood Video denied responsibility for the Dumpster or maintenance of the parking lot: "It's unfortunate that the waste hauler did not put the Dumpster back into its wooden barrier after emptying it."

Distefano said she will take the matter to small claims court.

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