Spokane7
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July 1, 2011 in City
City ordered to pay $285,000 in garbage truck collision
A jury on Thursday ordered the city of Spokane to pay a man $285,000 after he was struck by a garbage truck five years ago.
The amount disappointed Karl Woolery, 45, who had asked for a total of $869,000 for lost wages, pain and suffering and future losses from the injured shoulder he suffered when he was rear-ended in the crash on July 24, 2006. The city’s attorney asked the jury for a figure substantially less than that – about $860,000 less.
“It’s frustrating to have to fight the city for five years. They ran me over with a garbage truck,” Woolery said. “They subpoenaed my bank records, my kid’s bank records and they subpoenaed all my vacation photos. They did everything they could to not do anything.”
Assistant City Attorney Bruce Cox conceded in his closing arguments this week that the city was at fault for the collision. He said it was fair for the city to pay $7,700 worth of medical bills that came immediately after the crash but argued that Woolery’s permanent shoulder injury was not caused by the garbage truck’s impact.
As a result, Cox asked the jury to limit any award for Woolery to range between $500 and $2,000 for everything from future lost wages to non-economic future damages.
Cox showed photos of Woolery with a small backpack during a vacation to Hawaii and another holding his son in a wrestling move. Both would have been nearly impossible with the shoulder injury described by Woolery, Cox said.
But Woolery’s attorney, Scott Blair of Seattle, countered that the city could have easily settled the case out of court instead of paying $1,300 an hour to hire a medical expert to try to counter the medical evidence.
“They’ve dissected this man’s life like a frog,” Blair said in his closing statement. “You are the conscience of the community. Putting one of your good citizens through that is wrong.”
Woolery said Superior Court Judge Kathleen O’Connor had barred the jury from learning that he is now required to pay back $109,000 from the state Department of Labor and Industries to support him after the crash.
The case had also been set for trial seven times before it finally went before a jury. During that time, the city initially offered to settle the case for $50,000 and later upped that amount to about $99,000. Now the city will have to pay close to three times that amount after taking it to trial.
Woolery said the driver of the city’s garbage truck didn’t apologize or even check to see if he was hurt on the day of the crash. It was the first insult in what Woolery described as very a frustrating legal battle.
“It’s just more proof,” Woolery said, “that you can’t fight City Hall.”
Closing Geiger: Wise or worrisome? 
Bugtussle on July 01 at 9:59 a.m.
He wins the case, is awarded over a quarter million dollars, and claims that “you can’t fight City Hall” ?!!? Sounds to me like he came out all right.
And yes, it’s appropriate that he pay back L&I for money they paid to support him while waiting for the courts to decide whether someone else (the City, not L&I) was responsible for the costs.
Orphan on July 01 at 11:58 a.m.
I dont know how well he came out of it after lawyer fees, legal fees and paying back L&I he probably has less than 100k left if he missed 2 years of work he is in the hole financialy. Not to mention his time spent in court and answering subpoenas etc.
Very few folks ever come out of something like this whole.
gotstuff1 on July 01 at 4:14 p.m.
The issue was the city forced the L&I info to be kept from the jury. So the jury as most of our jury’s felt they were giving the man the 285k, which by the was a misprint if you check the court reports, its 258k. Anyway, since they didn’t know of the payback, and knowing that the lawyer gets 33% every time, witch is about 86k, and L&I gets 109k, and there are probably 20 or 30 k in court costs, the man gets 30 to 40k for a 5 year ordeal and a lifetime of pain. Yea, that sounds like he beat city hall all right. The title should read Spokane gets away with it again. Fair is fair after all. Only in Spokane.
gmsalina on July 01 at 5:35 p.m.
What a joke our city has become. This case should have been settled out of court and it would have had the city simply made a reasonable offer to this guy to begin with. Instead, they drag him through the very long ordeal of a superior court trial which centers on pictures of him wearing a small backpack and a wrestling move that he supposedly couldn’t have handled with his injury? WOW, sounds like bulletproof evidence to me. Oh and brilliant move Ms. O’Connor in not letting the jury in on the fact that he had to pay back over $100,000 in L&I support…No wonder you’re considered one of the absolute WORST judges in town by just about every lawyer that’s ever had to try a case in front of you.
SpokyDaBear on August 13 at 11:50 a.m.
Maybe next time he sees a garbage truck.. he might stay out of their way.. what a loser!
A full garbage truck is like a train.. they can’t stop quickly..