Wednesday, September 4, 2013

Ketchum settles lawsuit by bicyclist

Crash occurred on sidewalk steps

Express Staff Writer

    The city of Ketchum’s insurance company has settled a lawsuit filed last year by a bicyclist who crashed after unexpectedly encountering steps on the sidewalk along Fourth Street near its intersection with Main Street.
    The city’s Pocatello-based attorney, Reed Larsen, said the settlement amount was $25,000—less, he said, than would be spent continuing to defend the suit.
    Tom Morgan, who the complaint says is a resident of Ada and Blaine counties, stated that the accident occurred in July 2010 when he didn’t see the allegedly unmarked steps and was thrown over his handlebars, hitting his head on the brick pavers. He says he was temporarily partially paralyzed, unable to move his head, arms, knees or feet.
    “CAT scans and MRI studies revealed significant damage to Mr. Morgan’s cervical spinal column and a four-level decompression and fusion was performed on July 26, 2010,” the complaint states.
    According to the complaint, Morgan spent 15 days in the hospital.
    Since the accident, warning stripes have been applied to the sidewalk at the top of the steps. However, Larsen said, “I don’t think the city of Ketchum did anything that a jury would determine would be negligent.”
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