CYCLIST
GETS RARE WIN IN SETTLEMENT
(As reported in the Chicago Sun-Times 11/28/2000)
By Addon M. Pallasch
Chicago Sun-Times staff writer
Donald
R. Hallsten, Jr., was a 26-year-old law student four years
ago when a cab hit him and paralyzed him from the waist
down.
Now
he's an Assistant Cook County State's Attorney who won $4.35
million from Chicago and the cab driver in a settlement
Monday.
The
city had allowed Kenny Construction Co. to erect a canopy
at the corner of Dearborn and Delaware, creating a blind
spot, Hallsten argued.
Hallsten
had an uphill battle getting the case into court.
The
state Supreme Court ruled two years ago that bicyclists
cannot sue cities or local governments for bike accidents
caused by road conditions because cars and pedestrians -
not bikes - are the intended users of city streets.
"We
were able to show that because the city posted 'bicycle
route' signs on Dearborn that they intended bicyclists to
use these roads more so than other roads," said Hallsten's
attorney, Kurt D. Lloyd.
This
is the first successful suit by a bicyclist since the Supreme
Court's ruling. Lloyd said. Courts have previously rejected
suits by bicyclists against Chicago, even though city ordinance
prohibits adults riding on sidewalks.
"I'm
glad that a bicyclist got his day in court," Hallsten
added.
Hallsten,
who now uses a wheelchair, handles labor and employment
cases for the State's Attorney's office. His injury did
not end his career or his ability to make court appearances,
but, he said: "It certainly has slowed things down
and limited the amount of work I can do."
Hallsten
was cycling near Loyola University's School of Law four
years ago as he approached Dearborn and Delaware, where
Kenny was building a high-rise.
Unlike
most city settlements, this one for $4 million does not
need to be ratified by the City Council, Lloyd said. Kenny
added the city to its insurance policy for the project.
That policy will cover the $4 million, he said.
The
other $350,000 will come from the cab driver's insurance
company.
The
city's attorney feared a verdict of $10 million or more
if the case went before a jury, said attorney Larry Schechtman.
Lloyd
argued that city-approved canopies on city streets are safety
hazards. The city charges construction companies "rent"
of $12 a foot for canopies that extend over city streets,
netting the city millions of dollars a year, he said.
