Suing cities is no quick fix

PROVO — Eight years ago, Juan Hunt was riding his bike on 930 South in Provo when he was hit by a car turning left. Hunt ended up with a broken nose, an injured right knee, an injury to his spine, eight broken teeth and more than $15,000 in medical bills.

Hunt sued Provo for the injury, alleging the intersection was too dark without traffic control signs or lights.

The city denied the accusations, and the lawsuit was eventually dismissed because the claim had been improperly filed.

Attorneys say suing a city isn't a quick ticket to a hefty, million-dollar settlement.

"As I screen a case, I look for a more legitimate concern before I take a case against a city," said S. Austin Johnson, Hunt's attorney. "I know there are more obstacles that I have to deal with."

One of those obstacles is the Governmental Immunity Act of Utah, which protects cities and their on-the-clock employees.

"I don't feel that (cities) have more legal strength or ability, but I do feel that the law favors them much more," Johnson said. "There are much more ... biases and procedures built into the legal systems that favor the cities against the individual."

Despite some legal protection, a city isn't immune from a lawsuit. For example, if there's a giant pothole in a city road or a dangerous broken sidewalk that a city has failed to fix after multiple requests, a city can take some heat.

"We certainly fight (lawsuits) vigorously," said Paul Johnson, Orem city attorney. "(But) if we think it's a legitimate claim against us, we pay."

Paul Johnson said there are six lawsuits against Orem right now and close to 15 pending claims. The city usually sees about 25 claims a year, but only two or three ever end in a full-fledged trial.

Orem settled a 1999 case in which a woman sued the city for faulty equipment she said injured her. The woman was refereeing a volleyball game from a referee stand. As she stepped on a chair that had been provided to get down from the stand, the chair collapsed, and the woman fell to the floor.

"I probably turn down 10 cases for every one that I take (against a city)," said Robert Jeffs, the woman's attorney. "They're much more difficult."

A confidentiality agreement prevented Jeffs from saying how much the city paid his client.

When someone is injured and wants to blame the city, they have one year to file a claim and pay a court fee of $300. In the claim, they explain what happened and what they want to city to do, or how much they want the city to pay.

The city can then settle the problem with the individual or deny the claim, allowing the individual to file a traditional lawsuit.