In October of 2018, just a month after shared-use electric scooters arrived in Bloomington, a downtown worker was scooting home late at night, when he crashed as he was cruising downhill on a North College Avenue sidewalk.
The crash, which broke a bone in the scooter rider’s hand, occurred along the sidewalk on the west side of College, between 15th and 17th streets.
The scooter rider filed a lawsuit against the city of Bloomington and eventually against the adjoining property owner as well. The legal complaint contended that the crash was caused by the bad condition of the sidewalk.
Bloomington answered the complaint with a number of defenses, among them that the city “did not have prior notice of, nor opportunity to correct” the condition of the sidewalk that was alleged to have caused the scooter crash.
According to court documents, in late May of this year, a mediated settlement was reached, which resulted in a payment of $11,000 by Bloomington and $21,000 by the adjoining property owner.
If a sidewalk is bad enough to cause an accident, how is it supposed to get repaired? And what is the general condition of Bloomington sidewalks? Does Bloomington have a systematic approach to putting public sidewalks in good repair? Continue reading “$32K lawsuit payout for scooter crash on bad concrete: A quick look at Bloomington’s plan for sidewalk repair”
On Wednesday afternoon, at a joint session of Monroe County’s board of commissioners and the county plan commission, both bodies voted separately to agree to a settlement of a lawsuit against William and Nicole Huff and the Huffs’ counterclaim against the county.
The county’s lawsuit was filed in May of 2019.
The Huffs will get a payment of $50,000 to settle their defamation and due process claims against the county. That cost will be split evenly by the county and the county’s insurance provider, OneBeacon Insurance Group.
The county will get quick access to the site on Lake Monroe, where the Huffs have been excavating and removing trees for a couple of years, to check the current status of erosion control on the property related to their development activity. The assessment will be done by an engineer of the Huffs’ choosing and the county’s municipal separate storm sewer system (MS4) coordinator.
If problems are found related to erosion, a remedy will be implemented by the Huffs. If no problems are found, that’s the end of the story, at least as it relates to events of the past. For future permitting related to development at the site, the Huffs are supposed to be treated like any other petitioner, according to county attorney David Schilling.
According to the settlement agreement, once any erosion problems are identified, and remedied if they’re found, the county is required to issue a press release that states: “The County has reached an agreement with the Huffs to resolve the lawsuit. The County has determined that the site is in compliance with all County erosion control requirements and does not pose a threat to the Monroe County water supply.”
The vote on the three-member board of commissioners to accept the settlement was 3–0. On the plan commission the tally was 7–1, with dissent from Trohn Enright-Randolph, who serves as county surveyor, which is a countywide elected position. Continue reading “Lawsuits over developer’s Lake Monroe excavations to end; settlement gets compliance for Monroe County, $50K for developer”