As reported by The Press-Citizen, a woman attempting to traverse a muddy bicycle trail severely injured her brain in a fall, though she had worn a bicycle helmet, has been awarded a settlement of $1.2 million.
B.R., who formerly earned a living as a nurse practitioner, suffered through a coma, traumatic brain injury and epilepsy after crashing headfirst into the pavement of a bike trail on the Oakdale Campus of the University of Iowa.
The city of Coralville, the state of Iowa and Horsfield Construction will pay the award. All three defendants were named as negligent for the flaws on the bike trail.
The accident occurred on May 24, 2008 on the school's North Ridge Trail. The suit alleged that the trail's design, construction and maintenance allowed for water to collect in the section where the accident occurred, and created a hazard for bicyclists to pass through.
In January Judge Sean McPartland did not dismiss the claims made against the city and state. McPartland also dismissed arguments, that the city and state had been shielded from responsibility. Instead he ruled that a jury would make the ultimate decision as to who was accountable.
B.R. left her job at the neonatal unit at University of Iowa Hospitals and Clinics following the accident. Instead, she began telling her story, though inspiring speeches, to medical groups.
B.R.'s attorney Tim Semelroth, of Cedar Rapids, said, "Obviously, this was a very traumatic event for the (R.) family and they are doing their best to move on with their lives. This settlement will help them do that."
Attorneys for the city and state had unsuccessfully argued that it was B.R. that put herself at risk for injury. As the road was slippery – common on trails – she knew what she would be facing.
However McPartland believed that B.R.'s attorney had raised enough issues about the trail, and its design and upkeep, to rule in her favor. One such argument, that the original design allowed for a 5 percent slope that would have permitted water drainage, had gone largely ignored by the builder.
A drainage system, along with tiles to manage erosion, had also been in the design but not followed through in the construction – in fact, the tiles were removed. Additionally, the 20 mph speed limit for riders was not adjusted after rainstorms caused water, silt and mud to clog sections of the roadway.
The city blamed the construction company, however, McPartland saw that there was "ample evidence" suggesting the city had effective power over the contractor. McPartland concluded in his ruling, "This was the city's project from start to finish."
When it came to maintenance after the trail was built, McPartland said that both the city and university "had differing ideas regarding who was actually maintaining the trail and who was responsible for maintaining the trail."
The settlement was approved by the State Appeal Board and the state is to pay $200,000. The city and the construction company are to pay the remaining $1 million, but it has yet been made public how much each will pay.
If you have taken a fall that resulted in an injury you may be due a monetary award for your damages. Contact a personal injury lawyer to file your lawsuit right away!