City to pay $1.5 million to bicyclist in Wicker Park crash

Just noticed this on the Trib at:

City to pay $1.5 million to bicyclist in Wicker Park crash

 

By John ByrneClout Street

2:30 p.m. CDT, June 24, 2014

Chicago taxpayers are likely on the hook to pay a $1.5 million settlement to a bicyclist who suffered brain damage and other injuries that left him with quadriplegia when he crashed into a barricade guarding a sunken catch basin in a late-night accident in the Wicker Park neighborhood.

Brian Baker was 23 years old when he hit the barricade in June 2009 while biking around 1:45 a.m. near Wabansia and Damen avenues, just north of the six-way intersection in the Wicker Park neighborhood, according to city attorney Leslie Darling.

Baker, who had just graduated from college with a degree in sports marketing, had been drinking and was not wearing a helmet when he crashed, suffering brain damage and other injuries, Darling said. He now requires long term care, she said.

The barricade had been set up by the city to mark a catch basin that had started to collapse and left a depression in the street at that location, Darling said.

The City Council Finance Committee approved the $1.5 million settlement for Baker, and the full City Council will consider the issue Wednesday.

The Finance Committee also voted to give a $350,000 settlement to Sandra Franke, who severely broke her ankle in February 2010 when she stepped on a crack with exposed wires on the Adams Street bridge. Franke has required several surgeries and continues to have problems with her mobility, Darling said.

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Permalink Reply by chixieonfixie on June 24, 2014 at 12:44pm

And that the 'sunken catch basin' and/or 'depression' was actually a six or eight foot wide gaping trench?

Permalink Reply by Lisa Curcio on June 25, 2014 at 12:27am

The city DOES NOT pay $1.5 million unless its lawyers were very concerned that the city would have been found to have been at least 50% responsible for the crash and the injuries.

Permalink Reply by Reboot Oxnard on June 25, 2014 at 12:52am

$1.5 million in settlements tied to alleged city negligence

“The barricade’s light was not functional. The barricade was actually in the hole, instead of in front it [where] a bicyclist would be able to see and react to it,” Darling said.

“The city had two months notice of the condition and had scheduled repairs, but there was concern that a jury could find the city had not taken enough precaution to ensure public safety.”

Baker was not wearing a helmet and he had been drinking prior to the accident. But, his blood alcohol level was “not legally relevant because there is no law prohibiting bicyclists from driving under the influence," Darling said.

“The plaintiff requested that the trial court keep his blood alcohol level out of evidence. The city opposed those efforts, but settled before the court ruled on the matter,” she said.

“Due to the catastrophic nature of his injuries, if a jury found in his favor, it’s likely he would be awarded a large damage amount. He demanded $12 million to settle the case. The proposed settlement is a very cost-effective measure to limit the city’s financial exposure.”

Permalink Reply by Kevin Mulcky on June 25, 2014 at 3:47am

The guy was in a coma for six months and is now living with quadriplegia. I think the city got off easy with $1.5 million, as that won't even cover the cost of care, let alone damages for pain and suffering. 

Permalink Reply by Kevin C Dormant on June 25, 2014 at 5:38am

Agreed +1.

Nikul Shah said:

Agreed!

KevinM said:

The guy was in a coma for six months and is now living with quadriplegia. I think the city got off easy with $1.5 million, as that won't even cover the cost of care, let alone damages for pain and suffering. 

Permalink Reply by Anne Alt on June 25, 2014 at 7:53am

+2

Kevin C said:

Agreed +1.

Nikul Shah said:

Agreed!

KevinM said:

The guy was in a coma for six months and is now living with quadriplegia. I think the city got off easy with $1.5 million, as that won't even cover the cost of care, let alone damages for pain and suffering. 

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