Mount Prospect to pay $250,000 to settle sidewalk fall

Mount Prospect trustees this week authorized a settlement agreement with an Arlington Heights resident who had sued the village after she tripped and fell while walking on a village-owned public sidewalk in the 1800 block of Palm Drive.

The village board on Tuesday approved the $250,000 settlement, even though, Village Manager Michael Cassady said, the actual rehabilitation expenses for Jacqueline Hallam amounted to $100,000.

The accident happened Nov. 12, 2013. As a result of the fall, Hallam suffered injuries to her wrist and arm that required surgery to correct.

Hallam sued the village in Cook County circuit court, saying that the trip and fall was caused by a vertically offset sidewalk square.

The settlement avoids the necessity of a jury trial and the potential for a treble-damage award as well as legal and court costs.

Cassady said the settlement was facilitated by the judge, adding, "We think that the value to the village of this settlement is that it unloads the liability of a jury verdict far in excess of the $250,000 that we're suggesting to settle the slip and fall."

Addressing himself to Cassady, Trustee Paul Hoefert said, "What this has brought to our attention again is that we are going to survey our sidewalks, correct, and be more proactive in terms of repairing some of our sidewalks that are out there?"

"That's correct," Cassady said.

According to village documents, the village attorney, concluding that negligence would be difficult to establish, petitioned the judge to dismiss the case. However, the judge declined, apparently basing the decision on third-party testimony that the sidewalk defect existed for some time.

The village maintains that it had no prior notice of the defect. Also, the village stated that it believes its Sidewalk Improvement Program and Cost-Share Sidewalk Improvement Program constitute a reasonable sidewalk inspection and rehabilitation protocol.