From Deseret News archives:

Suing cities is no quick fix

Residents — along with Orem and Provo — weigh legal options

Published: Monday, Sept. 4, 2006 11:12 p.m. MDT
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The most recent lawsuit was filed against Orem on Aug. 3 by a family who is alleging that their child's hand was injured when a sink fell off a wall in an Orem park bathroom.

Paul Johnson hasn't sent a response yet but said the city plans to fight the suit. Multiple calls to the family's attorney were not returned.

The city is always willing to deal with real concerns, but Paul Johnson said he has seen some claims that he says are less than legitimate.

"Frankly, it's kind of discouraging. It dismays me to have these people bring lawsuits ... looking to capitalize," he said. "If we think we're at fault, we never let it get to a lawsuit, we settle claims. We're not trying to hurt people and leave them without recompense, (but) if we really don't think we did anything wrong, we don't want to pay the money."

Orem is one of a handful of Utah cities that has insurance coverage through Utah Risk Management Mutual Association.

"I think there are a good percent of claims brought against cities that are legitimate," said Jim Fisher, claims and litigation manager for URMMA. "(People) have been injured and would like someone to compensate them for their injuries. There are also claims I would categorize as frivolous, (brought) for no other reason than to harass."

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On average, Provo sees 100 claims a year and settles two-thirds of those, either in whole or part, said David Dixon, Provo city attorney. Provo only has one or two personal injury lawsuits active right now.

"People sometimes want to find the deep pocket," Dixon said. But like Orem, Dixon said if the claim is legitimate, Provo, as a self-insured city, will pay.

Right now, a complaint is pending against Provo from a man who alleged that while walking eastbound on 500 North in Provo, he stepped on an unsecured city water meter cover and fell in, injuring his leg, ribs, neck and back.

As with any case, Provo city attorneys will look at the case and see if it's legitimate or one to be argued.

Last summer, a Provo city employee accidentally ran over and killed a young child as the employee was backing out of a driveway. Dixon said the city settled the case with the family through mediation.

"We evaluate, we have a risk manager, and he and I look at claims (to see) if we think we're doing something wrong or could do it better," Dixon said. "If we feel like we have some fault, we'll settle it for a fair amount."


E-mail: sisraelsen@desnews.com

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