By Dion Lefler, The Wichita Eagle
Wichita, Texas -- The Wichita City Council agreed Tuesday to pay $335,000 to settle a lawsuit by a woman injured when a police van slammed into her vehicle almost two years ago.
Council members agreed that it’s a lot of money, but said it was better than risking a trial in the case.
“It’s a judgment call,” council member Phil Lambke said. “You get a jury sitting there, it’s pretty hard to predict what their decision is going to be.
“You decide whether you’re better off to pay or better off to have a trial,” he said. “We decided we’re better off to pay.”
Michele Loewen had claimed in her lawsuit that she suffered permanent and disabling injuries, along with loss of income, in the accident Dec. 12, 2002.
Loewen alleged that Wichita police Officer Virgil H. Miller Jr. ran a stop sign coming down an off-ramp at I-235 and Meridian.
His van hit the side of Loewen’s vehicle in the intersection, according to a city report on the incident.
In court papers, the city had denied that the accident was Miller’s fault or that he operated the city-owned vehicle in a careless or negligent manner. The city also disputed the extent of Loewen’s injuries.
However, the city attorney’s office recommended settling the case.
“After investigating the claim, evaluating the extent of the claimed damages and considering the risk of trial, the city determined that a resolution of this matter was appropriate,” the city attorney’s report said. “Settlement would include a full release of liability for the city and the individual police officer.”
The settlement doesn’t assess blame to either side, City Attorney Gary Rebenstorf said.
“We’re resolving a lawsuit, not admitting any liability,” he said after the vote.
Loewen’s lawyer, David Bryan, did not return phone calls seeking comment.
Funds to pay the settlement will come from the city’s self-insurance contingency fund, money held by the city to pay for adverse outcomes in claims and lawsuits.