Image by bjepson via FlickrAttorney Howard Spiva was supposed to be speaking to City Council at a Thursday morning workshop about whether the city was failing to properly trim and maintain trees and whether that was putting the city at risk for increased injury claims.
Spiva represents Shanta Greene, 29, who filed a claim against the city after she lost her right leg and suffered other crushing injuries in July 2010. A massive tree branch fell and impaled her in the passenger side of a pickup as it headed along Bee Road at 42nd Street. Spiva began his presentation showing television coverage of the accident and her recovery.
“Once I saw the outline, I knew I had been bamboozled,” Johnson said. “What we got was a full-fledged court presentation ... designed to sensationalize the injury and invoke sympathy. I hope that I have not jeopardized the city’s position.”
Spiva says he told city officials from the beginning he wanted to talk about an injury claim. He asked council to direct its attorney and Risk Management staff to negotiate a settlement rather than risk losing a jury verdict that could cost the city substantially more.
Greene has had more than 40 surgeries. Spiva said she has incurred more than $760,000 in medical expenses and seeks at least $2 million more for future medical costs and loss of income. The city has denied her claim.
“Either meet to mediate,” Spiva said, “or we file suit and the war begins.”
When Greene later was wheeled into the room, council members were clearly uncertain about whether to acknowledge her. Alderwoman Mary Osborne shook Greene’s hand and spoke to her, and others eventually mumbled condolences. Johnson turned away in his chair, which, Greene said, offended her.
“I went in there as the victim” she said. “I felt like the enemy. (The mayor) just turned around like I was nothing. And I voted for him.”
With cameras trained on him while asked about it later, Johnson was dignified, but clearly angered by the implication he had no sympathy for Greene.
“Of course I feel sympathy for her,” he snapped. “She has suffered a catastrophic injury that has changed her life forever. The conflict I felt was how do I express sympathy for her while still maintaining responsibility for this city and its purse strings?”
Johnson tried to call a halt about halfway through Spiva’s presentation, saying he wanted to seek an opinion from City Attorney James Blackburn. The presentation was far different than he anticipated, he said.
On Blackburn’s advice, and with Spiva demanding the right to continue, Johnson allowed the last part of Spiva’s presentation. In it, Spiva showed city records that he says proves the city had prior knowledge of the rot and damage to the tree. City records also show, he said, the city had been called out previously to deal with rotting limbs from the tree.
