maybe the sweeper operator would be safer with the bike,,,

ladyinred...If you call the police about a abandoned bike,yes they DO come out and chain it to a pole .I don't know this Kevin put if you ask me $34,000. is not going to make him rich.The lawyer will end up with MORE then him.By the way his GM insurance will not pay his medical bills.

Alright JCK I can see your point but I mean this Dennis guy could have not seen it and ran it over. Put what would have the police done about it. They aren't gonna run over there and pick up when they have more accidents to control or help. Maybe the people in this city should take good care of their streets for the street sweepers and make sure nothing big is in so they wouldn't have to stop on their time.

I don't understand how he could sue when he could go out and hurt himself. Maybe he's just a gold digger. Who says the city should pay for him. No offense to him at all but still he maybe was hurt before so how can he sue now?? I don't think he should sue. The street sweeper operator has obviously suffered enough with living with this.

JCK... Maybe if Dennis would of just put the bike on the curb or terrace NONE of this would of happened.It was not up to the city worker to remove the bike from the scene,they have radios in their trucks he should of called the police and they would of chained it to a pole.Street sweepers are pretty tall and the cab on them don't look big enough to be putting a bike in, maybe thats why it hit the gear shift??? I agree about your back,I had a lung collapse and the first thing the doctor asked me if I flipped over in bed to hard.He said it happens more then you know.Strange things can happen to our bodies that we have done 1000 time ,but 1001 will make the difference.

MOCO, I don't know how fast a street sweeper moves but in this case it was obviously moving too fast for the operator to regain control of it before it crashed into a garage. So tell me how you know that the claimant was standing by the garage when he lept out of the way. The article doesn't say that. It only says that the garage was also struck. For all anyone here may know he could have been standing within 5 feet of it. Also the story indicates that the operator had put the sweeper in park so it would have been stationary and it's possible the claimant wasn't paying any attention to it. I know I'm not that fascinated with street sweepers and I certainly wouldn't be keeping an eye on it thinking it might inexpicably come out of gear and run me down.

It's just my opinion but if this had anything to do with the claimant losing his job at GM I would tend to think that he'd be asking for a whole lot more than $20K. The rest of this claim should be fairly easy to determine.

One time I was walking up a flight of steps, got to a landing and had to turn left to continue up the steps. While I was turning I sneezed. The resulting back injury put me in bed for three days. I couldn't stand, I couldn't sit, I could barely move. All I did was sneeze. So the idea that someone might be injured jumping out of the way of a street sweeper doesn't surprise me all that much. Now I dont' know the value of his injuries but suggesting that they're bogus because you can't imagine how it can happen only suggests to me that you don't have a very vivid imagination. No offense intended.

ihavealife: It's not about GM people at all. maybe you don't know Kevin, but people who do all say the same thing.

ladyinred: I agree with all but the part about GM. That really doesn't have much to do with this.

ladyinred: I agree. How fast can a street sweeper move from a curb to a garage. I doubt so fast that one would have to leap in such a way to have injured himself permanently. People are way too eager to sue if they can get ahead. It was an accident, pay for the damages but $20,000 for pain and suffering for "ALMOST" being hit, give me a break. Don't pay him for the pain and suffering as that is just a way to make a quick buck on the taxpayers wallet. Like others have said this is a matter for the insurance companies to handle.

ladyinred....He filed his case in Oct 2007 BEFORE the GM layoff !!!! Why is it always about GM for some people ????

How can a man be permanetly injured from jumping out of the way. Its not like the streeet sweeper clipped or hit him. his file sounds alittle fishy since he was a gm worker who is losing his job.

an accident is JUST that an accident!! how about the police officer who ran into the back of an other police car. how about the police officer who didn't put the car in park and got out and it hit a fire hyrdant. JUST ACCIDENTS!! No one is PERFECT!! Right along with KEVIN. Hope he don't think he'll get rich or can quit his job. (on that 34,000)

Speaking of juries, I am reminded of when a jury awarded a smoker $100 billion in damages. When asked why he didn't think that the award was excessive, one juror said that the tobacco companies had a lot of money. You might think that Dr. Evil was on that jury, but it was several years before Austin Powers.

When the city made no response to the claim, it was saying that it assumed no liability in this case. At that point, the plaintiff either had to file suit or walk away. I am a little bothered by the two "almosts" that are cited. I guess almost getting hit by a vehicle could be traumatic to a person (in which case I an owed thousands of dollars from various anonymous people in Janesville), but almost hitting his vehicles doesn't qualify as a loss (in which case I would be cashing big checks on a daily basis).

Not to be rude but I don't even think his garage was worth that it was old. I wish others could of seen the pictures of the damage because it wasn't as severe. Kevin also has medical insurance so not sure why the bill is so high unless they involuntary the bill where you need to fill a claim to get it covered. I would say maybe the city should give $10,000. but no more.

The odds are that this will never reach a civil trial. Trials are expensive and there's no telling what a jury will do. It may take a while but the odds are pretty good that, for this amount, the parties will settle before a trial happens.

Delaying things can prove costly as the situtation with my wife proved. Had the insurance company been forthright and reasonable in the begining (we're not litagating type people and had no idea what her injury was worth) they would have paid 80% less than they finally did. She would have settled for her medical expenses and lost wages but they kept procrastinating and making low ball offers until she felt she had no choice but retain an attorney to handle the matter. They paid through the nose for that. The attorney got her third and earned every penny of it and she still came out with 3 1/2 times what she would have settled for.

Perhaps I missed something here, but why isn't his home owner's insurance company going after the city's insurance carrier? My insurance company has a very aggressive team of lawyers and will not hesitate to go to court to recover damages.

To happycamper... what a self righteous comment to make. But good for you, you must be forever on edge and at your ready, for those runaway street sweepers and errant drivers, and lightning bolts and ..... Guess YOU will never have to worry about being in this guy's predicament!

Snarly i think your the real jerk here. its rude and annoying that u had to bring GM into this blog. i hope you have the feeling of a lost job in your future

Whoops, didn't see the $20k for pain and suffering. Scratch my last comment.

That really isn't much and the figures look reasonable. I think the city should give it to him and avoid the expense of a civil trial.

These fradulant suits are the reason we are in trouble as a city and country. Maybe if he was in shape he could have taken evasise actions. Do a sit up and quit your winning. The city paid out what it owes!

He is probably mad at the city still for NOT PLOWING his streets on time....

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He has three years to initiate a legal action if he can't reach a settlement prior to that. He's already over a year so the clock is running.

Hold on everyone. It's unlikely the City of Janesville is going to pay a penny for this. They're going to deny his claim and turn the matter over to their insurance carrier who will do the whatever paying is done. The only incentive for the city of pay is to avoid making a claim on their insurance and for the amount he's requesting it's unlikely they would do that. That's why they buy a large liability insurance policy. The claimant has to submit his claim to the city for the process to begin.

Tibetrin, potential paritial disability means that he has injuries which have the potential to disable him in the future to some extent less than totally. My wife's foot was injured in an incident at Home Depot. The doctor said it wouldn't totally disable her but as she ages it will become arthritic and cause her pain and potentially impact her ability to walk normally. That's an example of a potentially paritial disability.

yeah that alot of money to be paying some one for pain and suffering if that the case then maybe me and my family need to go after the city cause of how the police treated my sister when my mom passed out and later need up dieing because of how slow they moved i could us some money like that maybe that what i will do see how old this is and this is the frist time i have see anything in the paper about this yeah come on that guy is crazy if he really think he need that much just for pain and suffering and he probbly still out there working on top trying to get this money

The city has liability insurance to pay this man's claim. You might see an increase in rates that could raise your tax bill, but the state is limiting the total increase in property taxes for municipalities to 2% for the next year and I'm guessing that you are going to see that increase anyway. This does not even keep up with inflation, and with rising energy costs, you are going to see budget cuts unless the tax base increases enough to supply more revenue. Evidently, the insurance company has reason to believe that it can do better. I don't know how they can deny liability unless there are other circumstances. The man was on his own property and a city vehicle went out of control and caused the damage. I think that they will spend more by going to court and that they will now have to offer more to settle out of court. It will be interesting to see how this turns out. Does anyone have any other information about what is going on or what the city is trying to do?

pay the man to replace his stuff, but 20k for pain an suffering?? please. think abou it. if hes TRULY worried about a 'potential permanent disability' he aint gonna settle for 20k. hes gonna wait a few years, see a few specialist and ask for 2 mill if theres more evidence or proof of 'potential permant disability.' why wouldnt ya?? this is an attempt to get a quick 20k.

If the City estimates the added tax burden per 112,000 home to be ~$30+/- on the fall out from GM's closing (and that is a lost tax revenue of nearly 500k), I would guesstimate that each homeowner in Janesville should start planning now to save the 2.09 CENTS added to their annual tax bill so that the City of Janesville can pay this man his settlement. Maybe even 3 CENTS if you want to get generous and include legal fees.

vetman-towards beginning also says substained injuries when trying to avoid the sweeper .last sentance says possible permenant injury to neck and right hip and ongoing treatment right now.
why wouldnt you sue the city?It was a city employee that was running the sweeper.Would you like him to personally sue the driver??I dont think the driver would like that. Maybe you have $15k to just fork out cause OOPS sorry accident. It is a city worker- do you mean why didnt he use his personal ins and homeowners?For one it isnt his fault and if he doesnt have personal insurance he has to pay this himself.

sorry I think he should sue and recover his costs nothing seems out of line as far as the amount to me. Was he missing work because of this? This is why the city has insurance too you know to cover legal mishaps.And yes I am sure theyll drag it out for as long as possible.

Bal....I do own my home,so yes as a taxpayer I will be paying his settlement also !!! Just like the $700,000. bike trail tunnel ....Pay him !Why didn't the city insurance cmpany just pay in the first place ???

"pain, suffering and potential partial disability"? What in heavens name is a potential partial disability??????

When "saywhat" and "havealife" say "Pay the Man" - do they realize it is the residents - wait - homeowners that live in the City of Janesville that will be paying for this? Teh Council recently approved a huge settlement for a realtor that was "injured" when a police officer made a u-turn, and she got whiplash. The guy didn't get hit. Send the parks dept to fix his landscaping, and a local contractor to fix his garage. 20K - this guy is asking each of us that own homes here to pay him. Another example of a ridiculous law suit. If he loses, he should have to pay the City back for attorney fees.

the amounts seem ok; except for the pain and suffering $20,000 is a lot of money for not being hit. It said he jumped out of the way.

Well OF COURSE he would sue. Why wouldn't he? (sarcasim) Why did this have to go to sueing the city? The city I am sure has insurance in case of accidents, and I am sure the insurance company would have paid for this mishap. It is clear this was an accident. I feel terrible for the street sweeper operator. He must be just devistated. If the insurance company was denying this man compensation, well then sure, go after the insurance company, but why the city. No wonder you can't trust anyone anymore.

My sister is still waiting for her lawsuit supposedly settled 2 and a half years later HELLO Janesville will play the game as long as the people let them Good luck to this case.........

How many lawyers called?

the city is putting it off as long as they can to not pay this guy,in hope's of not paying at all and with the new manager comming in to play who know's how long it will be before they decide to pay or fight it in court,this guy has a long road ahead of him, I hope he get's a lot of money from the city. O i'm sorry the city insurance company.

My question is..Why was he putting the bike in the street sweeper in the first place ?? Abandoned bikes are chained to poles by the police with a number in case the owner sees it and can get it back.Poor choice on his part..Pay the man !!!

This is a no brainer. Pay the man!

This seems to be a very reasonable amount to ask in settlement for a case of this nature. The city is clearly at fault and the plaintiff has no liability in this case. I would advise the city to settle quickly and I would advise Kevin to consult another attorney.