Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Friday, November 25, 2005
Follow up: After Supreme Court sends back PolSub tort claim case for trial, Plaintiff wins $1 million from Omaha and of course that is not enough The Associated Press A woman who was struck by a pickup in 1999 as she traversed a mistimed Omaha crosswalk has won $1 million from the city. Georgett Tadros, 61, of Omaha was awarded the $1 million by Douglas County District Judge Gary Randall on Wednesday. In March, the Nebraska Supreme Court rejected an early ruling that held the city only 40 percent responsible for her extensive injuries.
Tadros should have gotten more, one of her attorneys said.
"If ever a case cried out for an examination of the tort case cap (of $1 million), this is the one," said attorney Matthew G. Miller on Wednesday. "Our client is completely and totally disabled. She is in constant and chronic pain."
City Attorney Paul Kratz said no decision has been made on whether the city will appeal.
Court documents say the crosswalk she was struck in had a pedestrian signal that took 11 seconds to change when, according to state standards, it should have taken 19.5 seconds to change for a pedestrian covering the 78 feet of roadway.
One car yielded to her as she sought to complete her crossing, but then she was struck by the pickup.
Judge Randall gave 50 percent of the accident blame to the city, 30 percent to the pickup driver and 20 percent to Tadros.
She and the pickup driver settled a lawsuit before it went to court.
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