EVERETT — A woman who was struck and injured by an Everett utility van while she used a marked crosswalk on Pacific Avenue four years ago agreed to accept $120,000 to settle her lawsuit against the city.
Sarah Koch, 30, is a Snohomish County Courthouse worker. She had two knee surgeries after being hit and was preparing for a December jury trial regarding her claim against the city. Instead, her lawyer and the city’s lawyers reached a deal in mediation. The City Council signed off on it this week.
“Reasonable minds came to an agreement. It’s a done deal and we’re moving on,” said Frank Willson, Koch’s attorney. “Nobody leaves saying, ‘Oh gee, that’s super,’ but they leave saying, ‘That’s acceptable.’ “
On the morning of Nov. 17, 2004, Koch, who had just returned to work from maternity leave, crossed Pacific Avenue, heading north toward the courthouse, when the van, heading south on Wetmore Avenue, made a left turn onto Pacific and knocked her back several feet.
Koch was rushed to the emergency room, and released from the hospital later that day with bruises and cuts. The problem with her right knee surfaced later.
The argument was never about fault.
In court documents, the city admitted its employee hit Koch in the crosswalk, which displayed the walk signal when she entered.
The city employee was reassigned to a position that does not require him to drive on the job, city spokeswoman Kate Reardon said.
The crux of the city’s argument hinged upon the extent to which Koch’s medical injury was related to the accident.
After the accident, she began to have knee problems. Doctors discovered that Koch was born with unusually thin knee cartilage.
Despite the pre-existing condition, Willson claimed his young client, who is in relatively good shape, had no prior knee problems prior to the accident. He said he was prepared to argue in court that the problems wouldn’t likely have surfaced had it not been for the accident.
Willson said Koch will likely have another knee surgery and eventually may need a knee replacement.
The settlement includes payment for legal fees, medical costs and lost wages.
Reporter David Chircop: 425-339-3429 or dchircop@heraldnet.com.
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