NORFOLK
The city has agreed to pay $7.5 million to settle a lawsuit brought by a woman whose son was hit by a truck driven by a city employee.
The City Council was briefed on the issue during a closed-door meeting Tuesday night. City Attorney Bernard Pishko said the matter has not been resolved and declined further comment. However, two city officials who asked not to be identified said the council agreed to the settlement.
The circuit judge hearing the case must approve any settlement. The case is scheduled to go to trial next week. Council approval isn't necessary because Pishko has the right to settle lawsuits, but he sought approval anyway.
The payout could make the task of balancing the budget more difficult for City Manager Regina V.K. Williams. The city is self-insured and thus pays for settlements from its own funds.
The lawsuit was filed in Norfolk Circuit Court in January 2007 by Renee D. Wilson on behalf of her son, Travis Dalton.
Wilson's lawyer, Jack Drescher, said Dalton was standing in the median on Brambleton Avenue near Posey Lane in December 2006 when he was struck by a city truck driven by city employee Theodore Goodman. Dalton suffered serious brain injuries.
The lawsuit first named Goodman as a defendant. Wilson later added the city.
Dalton, who is 19, now functions at the level of an 11-year-old, Drescher said. He had been on his way to a job interview when he was hit. Now he will never work, according to documents filed by Drescher and his partner, Jeffrey Breit.
Dalton spent three months in the hospital following the wreck and returned frequently for follow-up visits. Doctors had removed a portion of his skull to relieve pressure from swelling in his brain. His medical expenses have exceeded $329,000, Drescher said.
Dalton lives with his mother in Norfolk.
The city had argued that it was not liable because Goodman was traveling between two of its recreational facilities. Governments have some protection from lawsuits because of sovereign immunity.
Drescher and Breit argued that Goodman could be held personally liable because he was driving from one place to another, not performing tasks related to his job.
Because the city is self-insured, it puts revenue each year into an account to pay legal settlements. Sources said the council was told Tuesday night that the fund will pay most, but not all, of the $7.5 million settlement.
That means some money likely will have to be set aside to pay for the settlement in the next budget, which Williams is currently putting together.
City officials had already said it was going to be a difficult budget to balance. Budget director Marcus Jones told the council last month that based on fixed costs the city can't control, the budget is $18 million in arrears, and that's without pay raises, new programs or tax cuts.
Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com
Harry Minium, (757) 446-2371, harry.minium@pilotonline.com
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First, my prayers and
First, my prayers and thoughts go out to the family of the victim. It's highly tragic that in the blink of an eye, he was left in such a condition.
And it's really sad that someone has to decide to use this forum to judge someone now disabled for life. Have you even been down Brambleton Avenue, whether by car or on foot? That road stays busy, and this incident could've happened to anyone. Please get over yourself. This teen did not deserve his fate, just because his decision doesn't live up to your standards, esp. in such a spur-of-the-moment. I really hope that you or someone close to you has to go through something like this. Would hate to have to judge them because of this. But, of course, you're obviously perfect, and always know what to do in such a situation, right? Right?
$7.5 million settlement
The harsh words used to describe the young victim in this case is beyond reason. Anyone who has such mean - spirited, hateful opinions of someone being injured, especially to the degree of this individual, cannot possibly have many real friends. One has to possess compassion, sympathy & empathy to have true friendship.
As I remember from my years in law enforcement, one has no business driving in the median of the street. I remember Norfolk having many median strips. One definitely shouldn't drive on a median strip.
This young man deserves compassion, not insults & derision. He has lost a lot. $7.5 million is not excessive, especially if an attorney is to receive contingency fees. At only 19yrs. old, this young man easily could have made several million by the retirement age of 68.
Also, the city employee deserves compassion. He will always carry the burden of knowing that he has forever changed the life of this young man.
What is wrong with compensating lawyers?
Breit and Drescher earned their right to take five bucks from every homeowner in Norfolk this year. They probably spent many hours preparing for the trial they didn't have and the discovery they didn't have to send out.
Attorney Gets How Much?
7.5 million will not go to this teen. His lawyer will take his percentage and expenses from the 7.5 million. This will be approximately 40 to 50 percent of the settlement. I do not know why the pilot does not mention this in the article. So TaxPayers, you can thank the trial lawyers again for more money coming out of your pocket. Governments, Big Business, and Insurance Companies do not pay these costs but instead its you and me through higher taxes, insurance rates, and the cost of goods. This is tragic what happen to this teen but 7.5 million is excessive, especially when there are other more cost-effective alternatives that would pay lifetime care without the need of compensating lawyers. By the way, anyone want to bet a new commercial is being made as we speak.
Your money....
Your $18 million in the hole? Don't forget your spending $30 million on a little choo-choo, and another $25 million to help a developer build a condo tower that he can't get financing for. Geez, no wonder norfolk wants a tax increase.
The minute I saw the headline I said to myself
...I hope they're not self-insured. Oops.
I wonder if this 'account' is anything like Al Gore's social secutity lockbox? The cash has to come from somewhere.
Seven and a half MILLION Dollars? WHAT??
Excuse me, but why in the he** was this kid standing on the median in the middle of the road? Where the he** WAS HIS MOTHER THEN?? If nothing else, standing in the middle of the road is certainly contributory negligence! Let the case go to a jury--no Norfolk taxpayer is going to award that kind of money to a kid standing in the middle of the road--it's his OWN fault he got smacked by the truck--if he hadn't been in the middle of the road, he would be fine! Where is the city's liability here? Brindle Darden only got 600K for her dead husband who was basically trying to do his job and this idiot kid standing in the middle of the road is worth 7.5 million? I don't think so!!
COMMENT
How can the city be 18 million dollars in arrears? Real Estate taxes have soared for the past 5 years... where is that money? /