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By Todd Cooper World-Herald Staff
Writer
Metropolitan Utilities District was ordered to pay
$360,000 to
a Papillion woman who suffered several fractures in a crash after her car slid
on ice created by a MUD crew working on a water main near a busy
intersection.
Douglas County District Judge Gerald Moran this week ordered
MUD to pay Sandra White for her pain and suffering and lost wages.
White broke both legs, five ribs and a vertebrae in her lower
back after her Dodge Durango tumbled off an embankment near 72nd and F Streets
and landed 15 feet below, said her attorney, Clete Blakeman of Omaha.
A MUD crew was repairing a break in a water main near the
intersection shortly after 6 a.m. on Dec. 19, 2001. The crew purged water from
the main by spewing it through a fire hydrant and into the intersection.
White was traveling to work when she hit the ice and lost
control of her vehicle. Her Durango plunged nose down over an embankment, landed
on a concrete parking lot and ended on its top.
Attorneys for MUD had contended that White was speeding and had
not maintained proper lookout. But Moran rejected that notion, placing 100
percent of the blame on the utility.
The judge noted that the MUD crew created the ice but did
nothing to divert traffic or warn motorists of a hazard. The utility also didn't
call in any salt trucks to melt the ice, Moran said, and another five-car
accident took place in the same intersection.
Justin Cooper, an attorney for MUD, said officials were
reviewing Moran's order to determine whether to appeal.
Shortly after the accident, Cooper said, MUD changed procedures
so that it now blocks off a traffic lane and places warning signs near similar
repairs. Officials also are looking into whether they can use hoses to divert
water into storm sewers.
Cooper said the utility had a couple of other claims stemming
from accidents at that intersection. Those claims were for car damage, not
injuries, he said.
Blakeman said White is doing fairly well but has not been able
to return to her job as a banquet manager. Moran awarded her $225,000 for pain
and suffering, $70,000 for lost wages and $65,000 for loss of future wages.
"It changed her life pretty dramatically," Blakeman said.
January 14, 2004
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