EVERETT – An Everett woman who was seriously injured after tripping on an uneven city sidewalk will receive $110,000 for dropping a personal injury lawsuit against the city.
Lavonne Bowers, 64, was seeking about $300,000 in compensation for medical expenses, income loss and suffering after the July 4, 2003, accident, her lawyer said.
Bowers stumbled on a broken sidewalk on the 1700 block of Grand Avenue. Bowers broke the upper part of her left arm and injured her shoulder.
Roots from large elm trees on the park strip next to the sidewalk caused the uneven surface, the suit alleges. The damaged sidewalk, under the shade of the towering trees, has since been repaired.
Everett attorneys and Bowers reached a tentative agreement through mediation on May 10, just five days before the case was set to go to a jury trial.
The Everett City Council voted to approve the settlement Wednesday. Legal settlements exceeding $50,000 in Everett require council approval.
“It was a compromise for both the city and (Lavonne) Bowers,” said Bowers’ attorney, Royce Ferguson.
Ferguson said Bowers’ injuries required two surgeries to insert metal pins into her arm and shoulder and then remove them.
The city’s initial response to the lawsuit said damage to the sidewalk was caused by negligent maintenance of trees on the homeowner’s property.
It also argued that Bowers should have taken more care to watch where she was walking.
Reporter David Chircop: 425-339-3429 or dchircop@heraldnet.com.
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