News for those who live, work and play in the Santiam Canyon

Detroit not liable in personal injury settlement

Reporter for The Canyon Weekly

A personal injury lawsuit against the City of Detroit has been dismissed after parties settled out of court, with no costs to the city.

On Tuesday, a suit filed by Detroit resident Joel Myers was dismissed in Marion County Circuit Court at the request of the plaintiff, who had reached an agreement with defendant R&G Excavating Inc., of Scio.

According to a copy of the agreement obtained by The Canyon Weekly, R&G Excavating’s insurance company would bear the entire cost of the settlement, the amount of which was not disclosed in court records, while releasing the city and its insurance company from all liability.

When asked if the city had a reaction to the settlement, City Recorder Kelly Galbraith said she could not provide a statement without first consulting with the City Council. Galbraith did say the city was never served with notice of the suit and was not an active party to settlement negotiations.

Myers sued Detroit and R&G Excavating April 19, seeking $150,000 for an incident May 30, 2020, when he unexpectedly stepped into a hole in his front yard dug for a new water meter. Myers suffered damage to the connective tissue around his knee, and claimed the city and its contractor were liable for not marking or blocking the hole.

The suit was almost dismissed with no awards to any parties after three months had passed without the court being informed of any progress. On July 19, the suit was slated for summary dismissal if inaction continued, however, on Monday Myers’ attorney informed the court of the settlement and the suit was dismissed the following morning.

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